King’s Bench Division, Administrative Court, HHJ Sephton KC  EWHC 2440 (Admin), 30 September 2022
This was an unusual case in which the claimant, a prisoner who was paralysed from the neck down, without any teeth and unable to chew, sought to challenge restrictions imposed by the defendant on his diet. The defendant, which was responsible for feeding the claimant, sought to refuse him access to solid foods because of a high risk of choking. The unsuccessful challenge was brought on a number of grounds including under the EqA. Continue reading →
Administrative Court; Foster J,  EWHC 15 (Admin), 6 January 2022
The claimant challenged the Education (Student Support) Regulations 2011 (as amended) on the basis that they breached Article 14 ECHR read with A2P1 by restricting eligibility for student finance to individuals to would-be higher education students who were “settled in the United Kingdom” for immigration purposes on the first day of the first academic year of their course. The claimant, whose academic course started on 1 September 2020, had made an application for settled status. He had, in respect of previous applications, used the Home Office Super Priority visa application service which granted visas within 24 hours on payment of a fee, the normal turnaround offered by the Home Office for disposal of an Indefinite Leave To Remain (“ILR”) Visa application being six months. The Super Priority scheme, and a related Priority scheme, were withdrawn by the Home Office with only a few days’ notice on 31 March 2020, unknown to the Claimant. He became eligible to apply for ILR on 14 April and did so on 17 May 2020, a day before his previous visa was due to expire. He applied for student finance on 24 August 2020. He was granted ILR on 23 November 2020 but was advised by letter of 18 December 2020 that he was ineligible for student finance. After having unsuccessfully appealed this decision he sought judicial review. Foster J ruled that the discrimination in issue fell within A2P1, that the claimant was entitled to rely on the broad approach to “status” approved by the Supreme Court in R (SC) v Secretary of State for Work and Pensions  UKSC 26,  3 WLR 428 (see previous post), and that the discrimination was unjustified and unlawful.
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