Our client is a Nigerian national. She came to the UK with her
daughter in October 2009 as a visitor for 6 months. Her daughter
was diagnosed with cancer in January 2010 and she applied for leave
to remain to enable her daughter to continue her cancer treatment
until September 2012. The leave had a “no recourse to public funds”
restriction.
Whilst in the UK,our client had been staying with a relative,
who evicted her when her daughter became ill.
She approached social services in her local borough. They
accommodated her for 3 weeks and then said they would help no
longer. HJA challenged this decision and they agreed to carry
out a full assessment.
Full assessment
The assessment results determined that our client return to
Nigeria with her daughter to get the care she needed there. They
gave our client one week to leave - despite the fact that they
recognised clinical services for cancer in Nigeria are grossly
inadequate, poorly distributed and access is seriously limited
because of cost. Her daughter’s consultant also made a strong
recommendation that she remain in the UK for treatment.
Judicial review
Hodge Jones & Allen issued urgent judicial review
proceedings including an application for interim relief. The judge
ordered that accommodation be provided and it was subsequently
decided that the authority should continue to accommodate and
provide financial assistance to our client, whilst her daughter
finishes her cancer treatment in the UK.