Court of Appeal to hear case over payments to destitute children and families

The Court of Appeal has granted permission to appeal in a judicial review challenge to the level of payments made by a council to destitute children and their families.

In R (Mensah) v Salford CC [2014] EWHC 3537 Admin the local authority provided support under section 17 of the Children Act 1989, in line with the amounts that the Secretary of State for the Home Department would provide to failed asylum-seekers under section 4 of the Immigration Act 1999.

Mr Justice Lewis held that this approach was lawful. (For his reasoning, see: Section 17 and no recourse to public funds – by Eirwen Pierrot)

The claimants say the sums under the 1999 Act are “very low” and will argue before the Court of Appeal that section 4 was the wrong starting point because it was not designed to promote the welfare and best interests of children in need and because the amounts provided under that section were insufficient for that purpose.

It will also be submitted that the approach based on section 4 failed to treat all children living in the United Kingdom as having equal value, in breach of the Children Act 2004.

Stephen Knafler QC of Garden Court Chambers, who did not appear at first instance, is leading Ben McCormack of Garden Court North, on behalf of the destitute child and her family. They are instructed by Kathleen Cosgrove of Platt Halpern.

Shu Shin Luh, also of Garden Court Chambers, has been instructed to intervene by Coram Children’s Legal Centre.