Challenge of Home Office policy on child dependant payments and asylum seeking lone trafficked parents

Deighton Peirce Glynn advises of a successful High Court challenge to the system of child dependent support under the Modern Slavery Act –

The Home Office appealed against that decision and the appeal is being heard on 2 and 3 November 2021.

The Modern Slavery Act statutory guidance provides that asylum seeking victims of trafficking who are parents should not receive child dependant support payments because they receive support payments for their children via asylum support payments. Our client EH complained that this discriminated against her as a female lone parent as compared with non asylum-seeking lone parent victims of trafficking. The High Court agreed (MD & Anor, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1370 (Admin) (24 May 2021)) and found in her favour along with the co-claimant MD.


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