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Rates of financial support

In summer 2023 Project 17 wrote to over 100 local authorities in England to ask about the rates of subsistence paid to families in receipt of support under s.17 Children Act 1989.

We reminded local authorities that

  1. The Court of Appeal in R (C, T, M and U) v London Borough of Southwark [2016] EWCA Civ 707 found that any support that fell below asylum support rates is unlikely to be lawful
  2. Asylum support rates have increased following the ruling in R(CB) v Secretary of State for the Home Department [2022] EWHC 3329 (Admin). Many local authorities were paying in line with old asylum support rates.
  3. The January 2023 case of BCD v Birmingham City Trust [2023] EWHC 137 (Admin) held that some families are eligible for higher 'welfare' standard of support, and should not be capped at asylum support rates

Here is a table summarising the responses.

If you would like a copy of any of the local authority policies or letters, please get in touch by emailing [email protected]. These may be useful when advocating for higher rates of support, or looking into whether local authorities' policies are in line with caselaw.  

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