COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
MR JUSTICE KEITH
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE WALLER
LORD JUSTICE CLARKE
| The Queen (on the application of A)
|- and -
|(1) National Asylum Support Service
(2) London Borough of Waltham Forest
Robert Jay QC & Adam Robb (instructed by the Treasury Solicitor) for the First Respondent
Bryan McGuire & Mark Baumohl (instructed by London Borough of Waltham Forest solicitors) for the Second Respondent
Hearing dates : 15th & 16th September 2003
Crown Copyright ©
Lord Justice Waller:
The Immigration and Asylum Act 1999
"asylum-seeker" means a person who is not under 18 and has made a claim for asylum which has been recorded by the Secretary of State but which has not been determined; ..
"dependant", in relation to an asylum-seeker or a supported person, means a person in the United Kingdom who-
(a) is his spouse;
(b) is a child of his, or of his spouse, who is under 18 and dependent on him; or
"95. (1) The Secretary of State may provide, or arrange for the provision of, support for-
(a) asylum-seekers, or
(b) dependants of asylum-seekers,
who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.
(2) In prescribed circumstances, a person who would otherwise fall within subsection (1) is excluded.
(3) For the purposes of this section, a person is destitute if-
(a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or
(b) he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.
(4) If a person has dependants, subsection (3) is to be read as if the references to him were references to him and his dependants taken together.
(5) In determining, for the purposes of this section, whether a person's accommodation is adequate, the Secretary of State-
(a) must have regard to such matters as may be prescribed for the purposes of this paragraph; but
(b) may not have regard to such matters as may be prescribed for the purposes of this paragraph or to any of the matters mentioned in subsection (6).
(6) Those matters are-
(a) the fact that the person concerned has no enforceable right to occupy the accommodation;
(b) the fact that he shares the accommodation, or any part of the accommodation, with one or more other persons;
(c) the fact that the accommodation is temporary;
(d) the location of the accommodation. .."
"96. (1) Support may be provided under section 95-
(a) by providing accommodation appearing to the Secretary of State to be adequate for the needs of the supported person and his dependants (if any); ..
(2) If the Secretary of State considers that the circumstances of a particular case are exceptional, he may provide support under section 95 in such other ways as he considers necessary to enable the supported person and his dependants (if any) to be supported. .."
"97. (1) When exercising his power under section 95 to provide accommodation, the Secretary of State must have regard to-
(a) the fact that the accommodation is to be temporary pending determination of the asylum-seeker's claim;
(b) the desirability, in general, of providing accommodation in areas in which there is a ready supply of accommodation; and
(c) such other matters (if any) as may be prescribed.
(2) But he may not have regard to-
(a) any preference that the supported person or his dependants (if any) may have as to the locality in which the accommodation is to be provided; or
(b) such other matters (if any) as may be prescribed. .."
"98. (1) The Secretary of State may provide, or arrange for the provision of, support for-
(a) asylum-seekers, or
(b) dependants of asylum-seekers,
who it appears to the Secretary of State may be destitute.
(2) Support may be provided under this section only until the Secretary of State is able to determine whether support may be provided under section 95.
(3) Subsections (2) to (11) of section 95 apply for the purposes of this section as they apply for the purposes of that section."
"99. (1) A local authority may provide support for asylum-seekers and their dependants (if any) in accordance with arrangements made by the Secretary of State under section 95.
(2) Such support may be provided by the local authority-
(a) in one or more of the ways mentioned in section 96(1) and (2);
(b) whether the arrangements in question are made with the authority or with another person. .."
"100. (1) This section applies if the Secretary of State asks-
(a) a local authority,
(b) a registered social landlord,
(c) a registered housing association in Scotland or Northern Ireland, or
(d) the Executive,
to assist him to exercise his power under section 95 to provide accommodation.
(2) The person to whom the request is made must co-operate in giving the Secretary of State such assistance in the exercise of that power as is reasonable in the circumstances.
(3) Subsection (2) does not require a registered social landlord to act beyond its powers.
(4) A local authority must supply to the Secretary of State such information about their housing accommodation (whether or not occupied) as he may from time to time request. .."
"122. (1) In this section "eligible person" means a person who appears to the Secretary of State to be a person for whom support may be provided under section 95.
(2) Subsections (3) and (4) apply if an application for support under section 95 has been made by an eligible person whose household includes a dependant under the age of 18 ("the child").
(3) If it appears to the Secretary of State that adequate accommodation is not being provided for the child, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, adequate accommodation for the child as part of the eligible person's household.
(4) If it appears to the Secretary of State that essential living needs of the child are not being met, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of, essential living needs for the child as part of the eligible person's household.
(5) No local authority may provide assistance under any of the child welfare provisions in respect of a dependant under the age of 18, or any member of his family, at any time when-
(a) the Secretary of State is complying with this section in relation to him; or
(b) there are reasonable grounds for believing that-
(i) the person concerned is a person for whom support may be provided under section 95; and
(ii) the Secretary of State would be required to comply with this section if that person had made an application under section 95.
(6) "Assistance" means the provision of accommodation or of any essential living needs. .."
Section 21 of the 1948 Act
"(1) Subject to and in accordance with the provisions for this part of this act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing
(a) residential accommodation for persons aged 18 or over who by reason of age illness disability or any other circumstances are in need of care and attention which is not otherwise available to them ..
(1A) A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely
(a) because he is destitute; or
(b) because of the physical effects or anticipated physical effects of his being destitute.
(2) In making such arrangements a local authority shall have regard to the welfare of all persons for whom accommodation is provided and in particular to the need for providing accommodation of different descriptions suited to different descriptions of such persons as are mentioned in the last foregoing subsection."
Why the Reasoning of the Judge was Wrong<
"32 The use of the word "solely" makes it clear that only the able-bodied destitute are excluded from the powers and duties of section 21(1)(a). The infirm destitute remain within. Their need for care and attention arises because they are infirm as well as because they are destitute. They would need care and attention even if they were wealthy. They would not of course need accommodation, but that is not where section 21(1A) draws the line.
33 In parallel with the amendment of section 21, section 95(1) of the 1999 Act gave the Secretary of State power to
'provide, or arrange for the provision of, support for
(a) asylum-seekers, or
(b) dependants of asylum-seekers, who appear to the Secretary of State to be destitute or to be likely to become destitute within such period as may be prescribed.'
34 This power is exercised through NASS. Section 95(3) provides that a person is destitute if
'(a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or
(b) he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.'"
"Suited" to an Adult Asylum Seeker
Relevant Facts and Chronology
"In view of the steps which have been taken by both local authorities to provide for the educational and community care needs of the children, and of our client as their carer, and in view of the steps which had been taken to meet the children's medical needs in the local area, we submit that it would not be appropriate for this family now to be moved.
We would therefore be grateful if you would confirm to us that the current accommodation arrangement will continue pending a final resolution of our client's claim for asylum"
"I am writing in response to your request for accommodation in London for the above mentioned applicant.
The Secretary of State has carefully considered the circumstances of the request, however accommodation is allocated on a no choice basis whilst taking into account the person's individual circumstances.
The Secretary of State does not consider that the request to be allocated accommodation near her relatives in London (Putney) is of sufficient weight to justify a departure from his general policy of providing support under section 95 of the Immigration and Asylum Act 1999 in areas where there is a ready supply of accommodation.
He is required by section 97 of that Act to have regard to the desirability, in general, of providing accommodation in such areas.
The health matter was referred to our medical adviser Dr John Keen who after much consideration recommended that relocation was not necessary.
NASS is satisfied that wherever an asylum seeker is accommodated within the UK they would be able to access the necessary medical facilities and that additional support is available to them via the voluntary community infrastructure in place."
"We put you on notice that unless you confirm to us within 14 days of the date of this letter that NASS will continue to accommodate our Client and the children at her current accommodation at 50 Clacton Road, our Client will commence proceedings against NASS to seek a judicial review. Please reply to us at the above address. We are sending a copy of this letter to the Treasury Solicitor."
"The Secretary of State has reconsidered his decision to disperse your client and her family in light of your representations. Having weighed the needs of this family against the policy of dispersal the Secretary of State has exceptionally decided that it would not be appropriate to seek to disperse this family out of London.
Whilst I note that the family are content to continue to reside at 50 Clacton Road, E17 I have referred the case to the NASS Accommodation Booking Section to establish if more suitable accommodation is available. This is based on the information in respect of H who has had difficulties with the layout of the house, specifically the down stairs bathroom. Due to the shortage of available accommodation in London I cannot guarantee that this is possible, or if possible how quickly it will be available."
"Temporary housing has been provided by NASS. The accommodation comprises of hall stairs and landing, a through lounge, kitchen and bathroom to the ground floor, two bedrooms to the first floor. Though the family have expressed a preference for a larger property, the present accommodation does appear to meet basic needs."
"to carry out an occupational therapy assessment of the needs of H and CA for works of adaptation in the home at 50 Clacton Road Waltham Forest London E17 8AR or for the provision of any additional facilities in the home designed to secure their comfort or convenience. The said assessment is to pay particular regard to the need for a chair lift and other facilities to enable H and C to use the stairs at the home; their need for handrails to the stairs, living room, bathroom and WC and their need for a bath seat."
Conclusion of Phase 1
"I refer to our telephone conversation on Friday, 26 April 2002 and to confirm that I have been advised by an officer at NASS that it would not be advisable for this Local Authority to seek to carry out any adaptation works in respect of your client's current accommodation. He informed me that there is a separate team within NASS that is negotiating properties for people with special needs and that in the event the present property is deemed unsuitable the family will be moved to property which would have already been adapted.
In addition I have been informed by the O.T. Team that they would carry out the O.T. assessments. They would however not be in the position to provide any specialist equipment for your clients until such time as NASS designates this Local Authority as the responsible authority, as otherwise they would not be able to recover any expenditure they would have incurred."
The family lives in a relatively small and sparsely furnished privately rented property that comprises of two upstairs bedrooms, a lounge-dinning room, kitchen and ground floor bathroom and separate toilet. The property is generally in poor repair and has a faulty over-bath shower and damaged floor coverings. ..
The stairs to the first floor are very steep, narrow and with a series of three winding steps at the top of the straight flight of stairs. The stairs have only one handrail on the straight flight of stairs and none on the winding steps.
These stairs are extremely dangerous to climb whilst supporting another person and Occupational Therapist advised that H should stay downstairs to avoid the potential of falling. Keeping H downstairs had already been recommended by the family's social worker in her report dated 6th November 2001 She also arranged through section 17 funding to purchase H and C a single bed each, which have both been placed upstairs by the family, therefore requiring H to be heavily supported on the stairs. .
Problems with Present Accommodation:
It is readily apparent that the present accommodation provided through the NASS is insufficient for the family's needs, due to the lack of ground floor bedroom for H and no upstairs toilet for use by C during the night. ..
It is possible to provide the H and C with equipment to support them in both the short and long term, however the present accommodation does not facilitate their medium or long term needs to be addressed. Therefore the action plan given at this time is seeking to address those needs that can be reasonably addressed within their present accommodation. The Children's Occupational Therapy Team will make reasonable efforts to give information and recommendations to the relevant workers on H and C's medium and long term housing needs, but will not take responsibility in locating such accommodation."
"You will note that the Assessment finds that the accommodation is unsuitable for the children. The report states that the stairs to the first floor is very steep, narrow and with a series of three winding steps at the top. The Assessment finds that the stairs are extremely dangerous to climb whilst supporting another person. The Occupational Therapist recommends that the child, H, should sleep downstairs to avoid the potential of falling. However, this is not a practical arrangement as the downstairs comprises an open plan living room/dining area through to the kitchen with no door between. The child would lack privacy and the family would lack living space. Further, H requires supervision at night and our Client would be unable to hear him from her bedroom upstairs. He needs supervision to access the toilet at night.
The Local Authority are prepared to provide disability equipment and minor adaptations to this address. This is on the basis that the cost of this will be paid for by NASS. Please confirm whether, in fact, NASS have agreed to pay for the adaptations and disability equipment recommended by the assessment.
The Local Authority state that major adaptations will not be provided until our Client has leave to remain in the UK. We consider that this approach is unlawful. However, given that the stairs are narrow and steep, adaptations to this particular accommodation would seem to be problematic. Accordingly, it is our view that the family need urgent re-housing to alternative suitable accommodation. The OT Assessment describes the type of accommodation required.
In addition, as we have pointed out in previous correspondence, it is essential that alternative accommodation is in the same locality. This is so the children continue to attend the same special educational needs school. ..
Accordingly, we write to give you notice that we will advise our Client to commence proceedings against NASS for a Judicial Review unless firstly you confirm to us within 7 days of the date of this letter that suitable alternative accommodation adequate for the family's needs will be provided within 21 days and secondly you actually provide such accommodation within 21 days of the date of this letter."
"The matter of alternative suitable accommodation for your client and her family has been referred to the NASS accommodation section, who are currently trying to establish if NASS has any suitable accommodation for this family, given the special needs of the children. NASS will revert to you at the earliest possible opportunity with details of any property which may be suitable, however at this stage I cannot make any guarantee.
The second issue raised concerns the support that Mrs A and her 2 children have received to date. In order to fully investigate this matter I would be grateful if you could confirm how, and from whom, Mrs A is receiving the £157.26 per fortnight. .."
"I have passed the documentation to my client and have stressed upon them the importance of this matter in order to avoid unnecessary litigation.
With this thought in mind I trust the next time you hear from the Home Office it will be on more favourable terms. .. "
"For the avoidance of any doubt, we wish to make absolutely clear that 50 Clacton Road was occupied by your clients before NASS became involved, and that NASS agreed to support your clients in this accommodation at your specific request indeed at your insistence. We would refer you to your letter of 14 March 2002 in which you stated "unless you confirm to us within 14 days of the date of this letter that NASS will continue to accommodate our client and the children at 50 Clacton Road our client will commence proceedings against NASS to seek a judicial review". We trust that you are not now seeking to criticise or bring action against NASS for having done so.
The difficulties that your clients are facing in the accommodation are, as we understand them, essentially of three types:
- There are a number of disrepair items. These should be susceptible of resolution, if not with the landlord directly, through the environmental health department of the local authority, which is responsible for and empowered to serve notices and take enforcement action to ensure these are resolved. We trust you will have referred the report from your consultant to the local environmental health office for this reason.
- There are a number of adaptations which would be desirable if your clients are to remain in the property, due to the children's specific needs. We note that you are pursuing the local authority in this respect, and they are the appropriate body to resolve this matter. We do not therefore feel it appropriate for us to comment further on this point.
- There are deficiencies in the nature of the accommodation for your clients, due to the children's specific needs. This is accepted, and is why we have agreed to seek alternative accommodation for your clients. Finding alternative accommodation quickly would clearly remove the necessity for adaptations to be made to the existing property.
However, your client's needs are quite specific and NASS does not currently have any suitable accommodation available in the area and of the type that is required. We have asked the London Borough of Waltham Forest to assist in finding accommodation on our behalf, as is common in such cases, and have confirmed our willingness to fund such accommodation. You have been notified by that authority that they would expect to be able to find such accommodation in about a week, and I see no reason not to take this expectation at face value. There should be no reason for significant delay once available accommodation is identified, and certainly not the 7 days that you envisage in your letter.
However, you must appreciate that the Secretary of State does not have control over the availability of accommodation in the London Borough of Waltham Forest (and neither, for that matter, does the local authority) and we cannot predict precisely when suitable accommodation will become available that would be able to be obtained for your clients. It would be irresponsible for us to give an undertaking to find such accommodation within a certain timescale without knowing for certain whether there will be any available within that time. The position would be precisely the same if your clients were not asylum seekers, but were applying for accommodation directly through the local authority. No-one who is involved in the social housing market in London would be able honestly to give the assurances you seek.
We can, however, confirm that both NASS and the local authority are committed to finding your clients more suitable accommodation as a matter of priority, and as the local authority believes it is able to do so within a matter of about a week, we suggest that you allow them to make their best endeavours in this respect. Alternatively, if your clients or their associates are aware of any suitable accommodation available privately in the area then please do make NASS or the local authority aware of it and we will seek to secure it for your clients. However, we would see no purpose in your seeking permission for a judicial review at this time as this will not make accommodation available which is not there.
In respect of your client's subsistence we confirm that we have made arrangements for subsistence at NASS rates to be provided directly to your clients, instead of the allowance that was previously provided by the London Borough of Hackney. This should be received by the end of the week. We understand this will overlap with the last payment from Hackney but do not yet have confirmation of when that payment expires."
"(a) Why NASS are not paying for the accommodation at 50 Clacton Road;
(b) That NASS will pay for this accommodation, and make arrangements with Hackney to pay arrears of rent, such that Hackney agree to take no steps to terminate this accommodation;
(c) Provide a detailed account of the steps NASS are taking to identify adequate accommodation for the family;
(d) Confirmation that NASS will call on Waltham Forest to try to identify adequate accommodation within the Local Authority's own stock;
(e) That NASS will ask other registered social landlords who may have housing stock in the area to assist with identifying accommodation for the family;
(f) The reason for the delay in NASS making the six-monthly lump-sum payments which have been due to the family since our letter to you of 19th November 2002 and confirmation that these sums will be paid immediately."
"(a) to carry out an assessment of H and CA's need for financial support under section 17 of the Children Act on or before 4.00pm on 17th March 2003; and
(b) to meet the costs of any top up funding for the disability related part of the A family's accommodation from the date of this order until liability ceases or further order."
"(a) to meet the costs of the basic part of the A family's accommodation from the date of this order until liability ceases or further order;
(b) to file and serve a witness statement on or before 4.00pm on 17th March 2003 setting out whether asylum support had been paid to the A family under section 95 or section 98 of the Immigration and Asylum Act 1999 to date;
(c) and if asylum support has been paid under section 98 to date, to determine the A family's claim for asylum support under section 95 on or before 4.00pm on 17th March 2003; and
(d) if asylum support has been paid under section 95 to pay the supplementary sums due to the A family under regulation 11 of the Asylum Support Regulation 2000 on or before 4.00pm on 17th March 2003. "
"Arrangements, further to the Order of the Court, have now been made for Hackney to be reimbursed the rent of the Claimant's accommodation at 50 Clacton Road from 26 February 2003 and this will continue to be paid during the time that NASS has a legal responsibility to do so. There is understood to be no financial issue for the Claimant in respect of rent as she is provided with accommodation rent free.
NASS remains willing to fund the Claimant's future accommodation during the time that there remains a duty to do so under the Act should either the London Borough of Hackney or the London Borough of Waltham Forest be able and willing to provide such suitable accommodation."
"The London Borough of Waltham Forest agreed to locate more suitable accommodation. As the London Borough of Waltham Forest were prepared to deal with the Claimant and her family under the scheme of co-operation that had been established between local authorities and NASS to handle such cases, NASS authorised them to pay the rent on 50 Clacton Road. The reason that they did not do so is that the Claimant has no rent liability for that accommodation.
I understand that the London Borough of Waltham Forest investigated whether the Claimant's present accommodation can be suitably adapted to meet her family's needs, but their investigations revealed that this would not be practicable. I am also aware that they endeavoured to locate suitable alternative accommodation, although the accommodation they located did not meet the Claimant's wishes, and I understand she elected to remain at 50 Clacton Road.
Essentially, NASS is prepared to support the Claimant's family in suitable accommodation locally, provided that someone is able to find some. However, NASS has a very limited remit in which to operate and quite simply does not have accommodation of the sort required in the very limited geographical area stipulated by the Claimant's solicitors. I am unclear whether such accommodation actually exists, is available, or is realistically likely to become available. Doubtless the London Borough of Waltham Forest is better placed to comment on the accommodation within its area of authority.
NASS has always remained willing to provide the Claimant and her family with accommodation appropriate to the family's needs. Because of the apparent unsuitability of 50 Clacton Road, NASS has tried to obtain more suitable accommodation through the available channels. NASS remains prepared to accommodate the family in partnership with any local authority that is prepared to do so and that is able to provide appropriate accommodation. Should suitable accommodation not be able to be secured locally, NASS is happy to provide suitable accommodation in a dispersal area. Indeed, it is at the Claimant's request that we have not done so.
That the Claimant has now become settled to some extent in London and contends that she cannot be dispersed is resultant from the arrangement by which Hackney was accommodating her, but also from her own decision to remain at 50 Clacton Road during the processing of her asylum matter. Had the Claimant not rejected dispersal then she would be living in suitable accommodation for her family's needs in a dispersal area."
Discussion of the 1999 Act
"If it appears to the Secretary of State that adequate accommodation is not being provided for the child, he must exercise his powers under section 95 by offering, and if his offer is accepted by providing or arranging for the provision of adequate accommodation for the child as part of the eligible person's household."
Thus if a decision is taken that adequate accommodation was not being provided and a decision is thus taken that the asylum seeker with dependants was destitute, the second stage at which adequacy has to be assessed is when considering whether adequate accommodation has been provided pursuant to s95.
"118. (1) Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless-
(a) he is of a class specified in an order made by the Secretary of State; or
(b) the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section 95.
(2) "Housing authority" means-
(a) in relation to England and Wales, a local housing authority within the meaning of the Housing Act 1985;
(b) in relation to Scotland, a local authority within the meaning of the Housing (Scotland) Act 1987; and
(c) in relation to Northern Ireland, the Executive.
(3) "Accommodation provisions" means-
(a) in relation to England and Wales, Part II of the Housing Act 1985;
(b) in relation to Scotland, Part I of the Housing (Scotland) Act 1987;
(c) in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1981.
(4) "Licence to occupy", in relation to Scotland, means a permission or right to occupy.
(5) "Tenancy", in relation to England and Wales, has the same meaning as in the Housing Act 1985.
(6) "Person subject to immigration control" means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
(7) This section does not apply in relation to any allocation of housing to which Part VI of the Housing Act 1996 (allocation of housing accommodation) applies."
"(5) No local authority may provide assistance under any of the child welfare provisions in respect of a dependant under the age of 18, or any member of his family, at any time when-
(a) the Secretary of State is complying with this section in relation to him; or
(b) there are reasonable grounds for believing that-
(i) the person concerned is a person for whom support may be provided under section 95; and
(ii) the Secretary of State would be required to comply with this section if that person had made an application under section 95."
Overview of the Present Case in the Context of the Above Discussion of the 1999 Act
"I am informed by the Borough that currently they have 43 high priority medical cases waiting for placement in two-bedroom accommodation. They have a further 13 high priority medical cases waiting for three-bedroom accommodation. Since my previous discussion with the Borough in May, 5 two-bedroom properties which are suitable for wheelchair users have been let to tenants. Their records show that there have been no three-bedroom properties which are suitable for wheelchair users let during that period."
"The accommodation currently provided could not be made adequate for H and C by arranging for them to have beds downstairs. If H and C's beds were downstairs there would be no or no sufficient space for their equipment, including their wheelchairs. It would be impossible to accommodate the further equipment they will require as they deteriorate. Secondly, H and C would be deprived of their privacy and dignity. It is undesirable for boys of this age to share a room, but it is wrong for them to have to sleep in a room, which is the whole family's living room. This proposal would mean that H and C would have to live their whole lives in one room. The problem is intensified because their disabilities limit the extent to which they can leave the house. Thirdly, this arrangement would undermine family life. Either the whole family would have to live in the boys' bedroom, or Mr and Mrs A would have to use living accommodation upstairs apart from the boys' living accommodation and be apart. We must also remember that despite their significant disability their intellect is relatively preserved and opportunities for appropriate hobbies and social interaction are most important.
I consider that the accommodation provided has never been adequate for them. When I first met the family I was horrified to learn that Mrs A was supporting H up and down the stairs. I am just as concerned today now that both boys require support. As time has progressed, H and C have continued to deteriorate because their condition is degenerative. Consequently, the accommodation has become more and more inadequate, and it will continue to do so. The accommodation is not adequate in the short, medium or long term."
Lord Justice Clarke
Lord Justice Brooke