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High Court rules against government’s rough sleeper removal policy

The High Court has ruled against a Home Office policy to deport rough sleepers from the European Economic Area (EEA).

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High Court rules against Home Office rough sleeper removal policy #ukhousing

The case was brought by three former EEA rough sleepers #ukhousing

Justice Lang ruled the policy was discriminatory and contrary to EU law #ukhousing

Mrs Justice Lang granted the claims for judicial review in the cases of three former rough sleepers who faced being deported.

A Home Office spokesperson said they were “disappointed” but would not be appealing the judgement.

The cases, which were brought by the Public Interest Law Unit (PILU) at Lambeth Law Centre, were heard over three days in November.

Today Mrs Justice Lang found for the claimants and said the policy was discriminatory and contrary to EU law.


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Since 2016 the Home Office has designated rough sleeping as “misusing” EU free movement rights and has been detaining or removing EEA nationals found to be sleeping rough.

Home Office guidance states rough sleeping by an EEA national “may be a misuse of a right to reside, therefore EEA nationals or their family members encountered sleeping rough may be subject to administrative removal”.

The guidance adds that this removal should only take place if it is “considered proportionate”.

However, the PILU claimed the policy had been applied regardless of whether a rough sleeper was working, if they had a permanent right of residence, and if they had family ties to the UK.

EEA rough sleepers may be considered for removal even if they have been in the UK for less than three months, the Home Office guidance adds.

The legal team for the Home Office argued that most people removed under the rough sleeping policy were not making use of EU free movement rights and were therefore not lawfully resident in the UK.

Crisis had already urged the government to immediately suspend the policy.

A spokesperson for PILU said: “We are delighted that the court has been willing to protect the rights of a vulnerable group of workers who have been stigmatised both by the authorities and by sections of the media.

“Experience shows that if we stand by and allow a marginalised group to be victimised, others can expect the same treatment later. Homelessness cannot humanely be dealt with by detaining or forcibly removing homeless people. This practice has been found unlawful and must immediately cease.”

A Home Office spokesperson said: “We are disappointed by today’s judgement. However, we respect the court’s findings and will not be appealing. We will consider carefully what steps are necessary to ensure we reflect the judgement in future enforcement.”

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