HA & Ors v Secretary of State for the Home Department

Zoe Leventhal KC and Ben Amunwa for HA, SXK (instructed by Deighton Pierce Glynn) Alex Goodman KC and Natasha Jackson for K, NY and AM (instructed by Leigh Day) for the Claimants Catherine Brown and Jack Anderson (instructed by Government Legal Department) for the Defendants Hearing dates: 6-8 June 2023 ____________________

It is common ground that the power in section 95 of the 1999 Act is a duty to the extent either section 122 of the 1999 Act or regulation 5 of the Asylum Seekers (Reception Conditions) Regulations 2005 ("the 2005 Regulations") applies. The former requires the Home Secretary to offer section 95 support if it appears to her either that the essential living needs of a child are not being met or that a child does not have adequate accommodation; the latter requires the Home Secretary, if a section 95 application has been made, to provide support if she thinks the applicant is eligible for support.

The amounts in the table are: �3.00 for a pregnant woman; �5.00 for a child aged under 1 year; and �3.00 for children aged between 1 and 3 years old. Regulation 10A was introduced by the Asylum Support (Amendment) Regulations 2003 ("the Amendment Regulations") with effect 3 March 2003. The rates in the table have not changed since then.

(4) If regulation 10A support can be provided in kind, was that support provided in these cases?

The report for the Britannia Country House Hotel for the inspection on 28 April 2022 states that snacks are "available to take away with their meals". There are two inspection reports for the Ambassador Hotel. The first concerns an inspection on 27 May 2021. That states: