Latest News:Latest News - August 2011
Community care legal breakthrough for trauma victims
Court of Appeal Judgment in R (SL) v Westminster City Council [2011] EWCA Civ 954
Maxwell Gillott solicitors and Adrian Berry of Garden Court Chambers acted pro bono for the Medical Foundation for the Care of Victims of Torture (now called Freedom from Torture) which, along with the mental health charity, Mind, was allowed to make representations to the Court in this case.
Local authorities have a range of duties requiring them to find accommodation for people who need their care and attention. This duty not only applies when people need care home places but also arises for people who are seeking asylum and need care and attention or "looking after".
The Appellant had arrived from Iran to the UK in 2006, aged 16. He sought asylum on the basis that he had been persecuted due to his homosexuality. He became homeless in October 2009 and, in December 2009, after learning of the death of his partner in an Iranian prison, he attempted suicide. He was admitted to hospital as an in-patient where he was diagnosed as suffering from depression and post traumatic stress disorder. However, when he was due to be discharged from hospital, the local authority refused to provide him with accommodation although he had been found to need regular weekly support from a social worker and referrals to counselling and the services of a befriender to help him manage his mental health problems and the risks to him associated with those problems.
Although Westminster Council succeeded initially in the High Court, the Court of Appeal has now overturned that decision, stating that, in view of the evidence about the Appellant’s difficulties, it would be "absurd" to provide such a programme of assistance and support without also providing the "obviously necessary basis of stable accommodation".
Social services accommodation and support is crucial for many survivors of torture and organised violence who are clients of Freedom from Torture. They could have been forced to live on the streets and vulnerable to potential destitution had the High Court decision been allowed to stand.
Victoria Pogge von Strandmann of Maxwell Gillott and solicitor for Freedom from Torture, commented:
"It was a privilege to act for Freedom from Torture in intervening in this important case. This judgment clarifies that local authorities owe a duty to accommodate and support those who need looking after as a result of mental health problems, including trauma resulting from torture, where accommodation is necessary in order for that care and attention to be effective. It will ensure that some of the most vulnerable individuals in our society receive the accommodation and support that they so desperately need from social services."
Dr Nimisha Patel, Lead Clinical Psychologist at Freedom from Torture, said:
"This judgment stands to have a real impact for traumatised torture survivors who struggle to engage meaningfully with rehabilitation services because they are destitute or living in unsafe or otherwise unsuitable accommodation."
"Freedom from Torture provides a range of specialist clinical services to survivors of torture and organised violence. We have seen first-hand how being forced to sleep rough or move around unstable accommodation, such as sleeping on a different friend’s floor every night, makes it virtually impossible for survivors to benefit from the long-term treatment on offer beyond providing short-lived comfort."
"We are delighted that the court has rectified the blindness of previous case law by clarifying that local authorities’ duty to provide community care support can extend to those with care needs arising from trauma experiences."
"Freedom from Torture would like to acknowledge with many thanks the pro bono legal representation provided by Victoria Pogge von Strandmann at Maxwell Gillott Solicitors and Adrian Berry at Garden Court Chambers."
A copy of the judgment can be downloaded here.
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© Maxwell Gillott 2008
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