The high court decided that the home secretary violated the law by refusing to impose a raise of almost £5 per week that was suggested by officials in order to ensure that the rate of support for more than 50,000 asylum seekers is adequate.
The level of financial assistance provided to asylum seekers during the cost of living crisis was contested in a case that was filed before the high court in Manchester by an unidentified asylum seeker. It was discovered that staff at the Home Office had advised ministers internally that the current weekly amount of £40.85 was no longer adequate to cover necessities due to the rising cost of living.
An estimated 58,148 asylum seekers living in self-catering quarters receive cash assistance for necessities. The level of assistance is determined to be the bare minimum necessary for daily existence. As meals are supplied for those staying in hotels, they receive roughly £8 per week.
According to the law, the home secretary must assess the rate of assistance given to asylum seekers to make sure that it covers their basic needs. The amount of financial assistance for asylum seekers is assessed substantially lower than benefits.
Officials advised raising the fee in order to protect asylum seekers from poverty in view of rising inflation. Officials expressly said on November 15 that the rate needed to be raised immediately to £45 per week, an increase of over £5, but this suggestion was not followed.
A high court order made on Friday by Mr Justice Fordham states: “The secretary of state for the home department has since at least 14 November acted unlawfully in failing to review the rate of asylum support to ensure it is adequate to meet the essential living needs of asylum seekers. Unless or until the secretary of state for the home department increases the rate of support she will be acing unlawfully.”
CB said she brought the case because she was unable to provide for her own and her children’s basic needs on the level of support of £40.85 a person. “It feels like it’s getting harder and harder to survive day to day,” she said. “I’m going without the clothes, toiletries and food I need to try to give as much as I can to the children.”
Her solicitor, Josie Hicklin, welcomed the court’s findings. “The home secretary was warned that over 50,000 people were receiving less than required to meet their most basic needs. Without the bravery of our client the secretary of state’s failing would have gone unchallenged,” she said.
A Home Office spokesperson said: “The welfare of those in our care is of the utmost importance and we continue to make sure asylum seekers who would otherwise be destitute are provided with accommodation and a weekly allowance for food, clothing, transport and sundries.
“We are carefully considering the judge’s comments and it would not be appropriate to comment while legal proceedings continue.”
The secretary of state for the home department has been acting unlawfully since at least November 14 by neglecting to evaluate the rate of asylum support to ensure that it is sufficient to meet the basic needs of asylum seekers, according to a high court ruling issued on Friday by Mr. Justice Fordham. She will be acting unlawfully unless and until the secretary of state for the home department increases the rate of support.
According to CB, she filed the lawsuit because she was unable to meet her basic needs and the needs of her children on the assistance level of £40.85 per person. She remarked, “I feel like it’s growing harder and harder to survive every day.” I’m forgoing the food, clothing, and amenities I normally use in order to give the kids as much as I can.
Josie Hicklin, her attorney, applauded the judge’s judgement. “More than 50,000 people were receiving less than what was necessary to meet their most basic needs, the home secretary was informed. Without our client’s courage, the secretary of state’s error would have gone unrecognised, she claimed.
“The welfare of those in our care is of the utmost importance,” a Home Office spokesperson said. “We continue to ensure that asylum seekers who would otherwise be homeless are provided with housing and a weekly allowance for food, clothing, transportation, and sundries.
The judge’s remarks are being carefully considered, and it would not be proper to comment while legal proceedings continue.”
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