R (Morris) v Westminster City Council (No 3)

JurisdictionEngland & Wales
CourtQueen's Bench Division (Administrative Court)
Judgment Date07 October 2004
Neutral Citation[2004] EWHC 2191 (Admin)
Date07 October 2004

QUEEN'S BENCH DIVISION

Before Mr Justice Keith.

Regina (Morris)
and
Westminster City Council

Housing - local authority discriminating against parent with child subject to immigration control

Discrimination over child status

A council discriminated against a parent with a dependent child subject to immigration control because it did not treat her as having a priority need for accommodation where a parent with a dependent child not subject to immigration control would have been treated as having such a priority need.

Mr Justice Keith so held in the Queen's Bench Division, when (i) allowing a claim for judicial review by Sylviane Pierrette Morris of Westminster City Council's refusal of her application under Part VII of the Housing Act 1996 for accommodation on the basis that she could not rely on the need to accommodate her daughter as giving her a priority need for accommodation because it was thought that her daughter was not eligible for British citizenship, and (ii) granting a declaration of incompatibility of section 185(4) of the Housing Act 1996 with article 14 of the European Convention on Human Rights.

That subsection required a person from abroad who was not eligible for housing to be disregarded when determining whether another perswon had a priority need for accommodation.

Mr Matthew Hutchings for Mrs Morris; Mr David Warner for Westminster; Ms Lisa Giovannetti for the First Secretary of State, as an interested party.

MR JUSTICE KEITH said that the claimant and her daughter came to the United Kingdom from Mauritius. The claimant obtained a British passport but her daughter was not thought eligible for British citizenship.

The facts of the case fell within the ambit of the right to respect for their home and family life under article 8 of the Convention, and so engaged article 14 of the Convention which permitted that right to be enjoyed without discrimination.

There was a difference in treatment between...

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19 cases
  • R (Morris) v Westminster City Council (No 3)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 October 2005
    ...I would dismiss the appeal. Mr. Badu's case 59 Mr Badu's claim is predicated on the declaration of incompatibility made by Keith J in Morris, which I would uphold. Elias J, giving permission to Mr Badu to apply on this basis for judicial review of the failure of the London Borough of Lambet......
  • The Queen ((on the application of Ms Khatuna Goloshvili) v Secretary of State for the Home Department
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 15 March 2019
    ...against on grounds of nationality. 35 Mr Vanhegan derives further support from the decision of the Court of Appeal in R (Morris) v Westminster City Council [2006] 1 WLR 505. In that case, the claimant and her daughter had come to the United Kingdom from Mauritius initially as visitors but ......
  • Onu v Akwiwu and another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 13 March 2014
    ...Mr Allen and Mr Milsom sought to rely on the decision of this Court in R (Morris) v Westminster City Council [2005] EWCA Civ 1184, [2006] 1 WLR 505. In that case the claimant was a mother who was a British citizen and consequently had a "right of abode" in the U.K. She had a daughter who ......
  • Abdirahman v Leicester City Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 July 2007
    ...that further support for the same conclusion may be derived from a passage from paragraph 47 of the judgment of Sedley LJ in R (Morris) v Westminster City Council [2005] EWCA Civ 1184: “The problem is in all significant respects a problem of foreign nationals either coming to this country ......
  • Request a trial to view additional results

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