Osbornes Law Secures Mental Health Support for Asylum Seeker

Edward Taylor

Home office backs down over decision to deny mental health support to suicidal torture victim seeking asylum

The Home Office has backed down over its decision to deny mental health support to a suicidal torture victim seeking asylum.

The background

The orphaned migrant arrived in the UK on a small boat in August 2022 after fleeing Ethiopia where he was detained and tortured for taking part in anti-government demonstrations. His father had been killed for the same reason and, although he escaped with his mother, he became separated from her during the journey and later learned that she had died.

In a statement, the male, who cannot be named for legal reasons, said he was just 15 when they left and 17 when he arrived in the UK after a perilous two-year journey across two continents. He described having daily flashbacks and nightmares and said he had thought about suicide. “I often feel like my life is not worth living… I want to block everything out,” he said.

In July 2023, he was seen by specialist psychologists at the Woodfield Trauma Service in West London who diagnosed post-traumatic stress disorder and recommended a course of therapy.

But despite this, in August 2023, age assessors ruled that he was four years older than he had claimed and the Home Office moved him to accommodation for adult asylum seekers, outside the service’s catchment area where he could not access its support.

In a letter explaining the move, officials claimed ‘suitable medical and support services do exist in other UK cities,’ although repeated failed attempts by his support worker to find alternative treatment proved this to not be the case.

Osbornes Law requests a judicial review

It was only after Osbornes Law, instructed to act on his behalf, applied to the High Court requesting a judicial review of the decision that the Home Office backed down and agreed to rehouse him in the West London area where he could access the Woodfield’s services – one year on from his diagnosis.

In documents submitted to the High Court, Edward Taylor, a public law specialist and partner at Osbornes Law, argued that the Home Office had breached its own policy which states that asylum seekers must receive, as a minimum, a ‘dignified standard of living… adequate for the health of claimants.’

The application also claimed that the Home Office had breached the Equality Act by failing to make reasonable adjustments for the claimant, whose diagnosis classed him as a disabled person, as well as breaching his right to a private life under Article 8 of the European Convention on Human Rights.

Edward Taylor`s comment

Edward said: “This is a very vulnerable young man, a victim of torture, who had already expressed suicidal thoughts and was keen to engage in any kind of therapy that might help him.

“Instead, he was dismissed and denied help, with those around him noting that he was becoming increasingly troubled, dejected, withdrawn, confused and frightened.

“It is inexplicable that the Home Office chose to ignore our repeated requests to reconsider and only backed down when faced with the prospect of its illogical and what I believe was unlawful decision-making being examined through the lens of a judicial review.

“Its own policy states that careful consideration should be given to the specific circumstances of each case, particularly where someone is classed as vulnerable, but clearly that has not been the case here.”

The male’s bid to stay in the UK, on the grounds of fear of persecution because of his political opinion if he returns to Ethiopia, has been refused but is pending appeal.

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