London Daily

Focus on the big picture.
Friday, Sep 11, 2026

Judge criticises Priti Patel over policy for asylum seekers in pandemic

Judge criticises Priti Patel over policy for asylum seekers in pandemic

Court hears home secretary may have acted unlawfully in changing accommodation policy
A high court judge has criticised the British home secretary in court and said he found it “extremely troubling” after one of her officials admitted the Home Office might have acted unlawfully in changing its asylum accommodation policy during the pandemic.

Mr Justice Garnham raised concerns in court on Thursday that the home secretary, Priti Patel, could have been distributing public funds without legal authority.

He was hearing four linked cases from asylum seekers challenging the lawfulness of the home secretary’s policy to evict some refused asylum seekers during the pandemic.

During the hearing the Home Office was accused of unlawfully altering parts of the accommodation policy.

In a witness statement to the court the Home Office official said: “At the time we did not consider what power, or whether we had the power, to implement what we saw as administrative changes. This was a response to the urgency of events and the immediate concern about keeping people in the same accommodation.”

Garnham said: “The secretary of state is saying that she was acting without lawful authority. It seems to me a most serious submission to be making in court, if that is what she is saying.”

He added that it was “extremely troubling” if correct that the home secretary was acknowledging “that she was acting without power when she set up this system for distribution of public funds she did so without legal authority”.

The judge said that the position the home secretary had put the court in was “extraordinary” and that the way she has acted was “a singularly serious position for her to find herself in” and “unfortunate in the extreme”.

The judge added: “The circumstances in which a department of state acts without clear knowledge of its powers to act, it raises issues of genuine significance.”

The legal challenge to the evictions – which had been paused for almost a year due to the pandemic – focuses on the public health risks attached to evicting asylum seekers who are likely to end up rough sleeping or sofa surfing during the Covid-19 pandemic.

It emerged last month that the Home Office was planning to resume the evictions process “with immediate effect”.

The court heard that Public Health England’s view was that it could not advise that anyone “should be enabled to become homeless from a public health perspective” during the pandemic.

The judge agreed to adjourn Thursday’s hearing to give the Home Office time to identify the legal basis for its policy. He made an order halting the evictions until the case had concluded. It is scheduled to resume on 27 and 28 May.

An apology has been issued to the judge by the home secretary. Her counsel, Alan Payne QC, apologised to the judge for the situation the Home Office put the court in “as well as passing on the apology of my client” (Patel).

The solicitors representing the claimants, Kathleen Cosgrove, of Greater Manchester Law Centre, and Sasha Rozansky and Will Russell, of Deighton Pierce Glynn, said: “The home secretary has been trying to evict thousands of migrants during the pandemic despite the risks to the communities they live in from doing so. She has been unable to properly defend these claims in court today, despite being told in clear and strong terms by a high court judge on 23 April 2021 to do so.”

A Home Office spokesperson said: “Throughout the pandemic, failed asylum seekers have had accommodation and financial assistance provided at the expense of the taxpayer. As restrictions ease it is right that we start to withdraw this support from those who are able to return home but choose not to.”
Newsletter

Related Articles

0:00
0:00
Close
English Councils to Gain Power to Introduce Tourist Taxes by 2028
Kemi Badenoch Reshuffles Conservative Shadow Cabinet
Firefighters Make Progress Containing Major Wildfires in South Wales
John Lewis Partnership Reports £124 Million Loss
Study Says UK AI Data Centres Will Create Only a Quarter of Forecast Jobs
UK Government Considers Higher Industrial Water Prices Amid Supply Pressures
Andy Burnham Holds First Call With Donald Trump as UK Prime Minister
NHS Records Busiest Summer on Record as Heatwaves Drive Hospital Admissions
Home Secretary Orders Police Crackdown on Far-Right Anti-Migrant Vigilantes
UK Supreme Court Rules Northern Ireland Religious Education Curriculum Breaches Human Rights Standards
Markets Price in Four Bank of England Rate Rises by Next Summer
House of Commons Prepares Free Vote on Assisted Dying Bill
UK Government Bans Trade With Israeli Settlements in Occupied Territories
UK Economy Grows 0.4% in July as Artificial Intelligence Investment Supports Expansion
Andy Burnham Becomes UK Prime Minister After Keir Starmer Resigns
John Lewis Partnership Loss Widens to £124 Million
UK Government to Put White Working-Class Social Mobility at Centre of Equality Policy
McLaren Plans £450 Million Technology Investment Creating 1,000 UK Jobs
UK Chancellor Faces Calls for Wealth Taxes and Public Ownership in Autumn Budget
English Mayors to Gain Powers to Impose Uncapped Overnight Tourist Taxes
JPMorgan’s Jamie Dimon Warns UK Government Against Bank Windfall Taxes
UK Air Traffic Control Outage Cancels More Than 2,000 Flights
UK Imposes Trade Ban on Israeli Settlements in the West Bank
UK Borrowing Costs Surge as Middle East Tensions Push Long-Term Gilt Yields to Highest Since 1998
Buckingham Palace Says Prince Harry and Meghan Will Not Resume Official Royal Duties
UK Treasury Faces Calls to Scrap £100,000 Childcare Support Threshold
Trades Union Congress Urges Labour Government to Rewrite Migration Policy
Riot Police Deployed After Anti-Migrant Protests Turn Violent in Portsmouth
UK Considers Replacing Some Disability Cash Payments With Direct Services
JPMorgan’s Jamie Dimon Warns UK Chancellor Against Higher Banking Taxes
UK Announces New Sanctions Targeting Israeli Settlements in West Bank
Metropolitan Police Investigate Alleged Illegal Donations to Reform UK
UK Charges Wiltshire Man With Assisting Russian Intelligence
UK Orders Urgent Review After Air Traffic Failure Cancels More Than 2,000 Flights
Merz Rebukes AfD Expansion in Saxony-Anhalt
King Charles Confirms Prince Harry and Meghan Will Remain Private Citizens
Labour Selects Former Child Refugee for By-Election in Keir Starmer’s Former Seat
Foreign Private Equity Accelerates Takeovers of London-Listed Industrial Companies
NHS Maternity Care Faces Scrutiny Over Support for Mothers After Caesarean Births
BBC Warns Staff Strikes Are Likely Amid Job Cuts and Programme Cancellations
English Housing Affordability Improves to Best Level in More Than a Decade
UK Health Commission Proposes Framework for Wider AI Adoption Across NHS
Labour Faces Pressure for Wealth Tax Ahead of Autumn Budget
Metropolitan Police Open Criminal Investigation Into Alleged Foreign Donations to Reform UK
UK Police Deploy Riot Officers After Anti-Immigration Unrest in Portsmouth and Dover
UK Defends Sanctions on Israeli Settlements Despite Diplomatic Retaliation
UK Air Traffic Control Failure Cancels More Than 1,000 Flights and Disrupts 65,000 Passengers
Compass Urges £10 Million Wealth Tax and Public Ownership Ahead of UK Autumn Budget
UK Government’s Devolution Plans Face House of Lords Scrutiny
Maldives Seeks New Chagos Sovereignty Talks With UK Prime Minister Andy Burnham
×