Free Webinar – Accessing Local Authority Support While in Asylum Accommodation

The first webinar, in our two-part Community Care Webinar Series, will address the interplay between Local Authorities’ obligations under the Care Act 2014 and the obligations of the Secretary of State for the Home Department under Section 95 of the Immigration and Asylum Act 1999. In light of the High Court decision in R (TMX) v London Borough of Croydon & Anor [2024] EWHC 129 Admin earlier this year, in which Gráinne Mellon and Nadia O’Mara of Garden Court Chambers represented the Claimant, we will examine how this ruling clarifies local authorities’ duties to provide care and support to individuals who are also in receipt of Section 95 support. TMX offers new insights into how local authorities must approach requests for support from asylum seekers, particularly when there are ongoing Care Act needs.

We will explore:

• The obligations of local authorities post-TMX, including the assessment of care needs.
• How Section 95 support interacts with, and does not necessarily override, local authority duties under the Care Act.
• New case law since TMX and its impact on your practice.
• Other parallel duties that may arise while Section 95 support is ongoing, ensuring holistic support for asylum seekers.

This session is designed to provide practical guidance and actionable insights, so that solicitors practicing in asylum support and community care law, and other advocates for those in the asylum system, can secure vital support for their clients. Our barristers will explain the practical steps solicitors can take in light of TMX to challenge local authority refusals of support effectively. Whether you are currently advising clients in this space or preparing to do so, this webinar will offer key takeaways for managing these complex and overlapping duties.

Speakers

Georgie Rea, Barrister, Garden Court Chambers (Chair)
Georgie specialises in public law, focusing on immigration, asylum, housing, education, and community care. She has successfully challenged decisions under section 20 of the Children Act 1989 and secured interim accommodation. Georgie has extensive experience with age assessments, representing clients in the High Court and First-tier Tribunal, and has provided training on the subject. Her practice includes urgent and complex judicial reviews as sole counsel and led junior. With specialist knowledge, she effectively applies public law principles across diverse statutory contexts, including immigration, extradition, and community care. Georgie is also highly experienced in housing law, including homelessness, possession, disrepair, and accommodation-related community care issues.

Tim Baldwin, Barrister, Garden Court Chambers
Tim Baldwin is ranked in Chambers UK for Social Housing and Community Care and recognised as a leading junior in the Legal 500 for Social Housing, Court of Protection and Community Care; and Administrative Law and Human Rights. He handles housing cases involving tenants with mental health issues, complex social care cases for adults and children, and provides asylum support and care for migrants. Tim also offers advice and representation in cases involving individuals who lack capacity in all jurisdictions. Additionally, he is an editor of the Community Care Law Reports.

Nadia O’Mara, Barrister, Garden Court Chambers
Nadia is a public law practitioner specialising in immigration, asylum, community care, education, human rights, and anti-discrimination. She has a successful community care practice, frequently acting in age dispute challenges for unaccompanied asylum-seeking children and cases involving the entitlement of children and adults to support under the Immigration and Asylum Act 1999, Children Act 1989, and Care Act 2014. Nadia has particular expertise on the interplay between the duties of the Home Office to accommodate asylum seekers and migrants, and the obligations on local authorities to provide care and support under the Care Act 2014.

Bookings are now closed for this event.