Winning Judicial Review Against Home Office Housing Decision
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Sarah Waller
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Judicial review success against Home Office reneging on decision to accommodate activist safely
This case involved an urgent application for judicial review with interim relief following the Secretary of State for the Home Department going back on her promise to provide safe accommodation for an activist asylum seeker.
The background
Our client is a political activist from Turkey supported by the UK’s Free Speech Union. In February 2025 he protested against what he considered to be the Islamic extremism of the Turkish Government by burning a copy of the Quran outside the Turkish Consulate in London. He was attacked with a knife following his protest and received death threats. He was prosecuted by UK authorities for religiously aggravated public order offences and this led to a high degree of media exposure. Our client’s accommodation became unsafe: he received threats, and the police warned him of credible threats to his life and that his whereabouts were known to those who wished him harm.
The FSU approached the Home Office making repeated representations about our client’s need for safe accommodation. In December 2025 the Home Office gave written assurances that our client needed to be provided with safe accommodation. They then reversed this decision in January 2026 without giving reasons.
The client and the FSU then approached Osbornes for advice and representation. Iris Ferber KC and Jeremy Raizon were counsel instructed from 42BR Barristers. Our client was at the time accommodated in a hotel at an undisclosed location due to safety risks.
Court challenge
Osbornes made an urgent application for judicial review with interim relief to get a court order enforcing the terms of the December letter and to get the Home Office to honour its promises to accommodate our client safely. The High Court ordered an urgent hearing.
Just before the urgent hearing the Home Office agreed to honour the terms of the December letter with the essential safeguards for our client’s accommodation. The hearing went ahead for the purpose of approving the order, and the claim was settled shortly afterwards. The Home Office made an offer of safe accommodation in the hours leading up to the hearing, and our client confirmed this would be safe for him to occupy.
How can we help?
This case highlights the importance of public law principles and the rights clients have to insist on, to get safe accommodation under s.95 of the Immigration and Asylum Act 1999. The Secretary of State’s position is that accommodation is offered on a “no choice” basis and clients need compelling evidence to challenge unsafe or inadequate offers.
Osbornes Law’s Housing, Social Care and Public Law team is experienced in handling urgent judicial review claims, including s.95 NASS accommodation and homelessness claims, providing swift and effective advice to uphold a client’s right to safe accommodation. If you need legal advice, you can contact our team by:
- completing our online enquiry form;
- or calling us on 020 7485 8811
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The team is also experienced in homelessness and community care issues, as well as public law and judicial review claims.
A strong team with real knowledge of the practice area.
Osbornes Law has a well-regarded practice which sees the firm act in judicial review challenges against local and central government bodies.
They identify and address gaps in information and find creative solutions to resolve complex cases.
The solicitors at Osbornes Law are proactive, knowledgeable, friendly and very reliable.
Osbornes Law's public law team are so impressive and really knowledgeable.
They are extremely proactive, act sensitively and work effectively.
We know we are able to put our trust in their expert team achieving the best possible outcome in difficult matters.
Osbornes Law team are brilliant. They are very responsive especially in urgent challenges.
The firm frequently acts in housing-related challenges, including those involving social care, children’s rights, and NHS charging decisions.
The firm is experienced in holding both local and central government bodies to account.
Osbornes is recognised for its strong public law practice, with particular expertise in judicial review.
Their work is always of the highest standard with an unwavering focus on supporting vulnerable clients through litigation.
Osbornes is just a phenomenal team. They have a real reputation for excellence, strategic approaches, and obtaining positive outcomes for clients.
The team has a thorough knowledge of the subject and makes sure they respond to all the clients' needs and wishes.
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