Two Somali immigrants with Dutch nationality have won a landmark court case against Barnet Council in a ruling which could allow unemployed people living in the European Union to come to Britain and claim council housing.
Hassan Ismael and Nimco Abdi moved to Barnet from Holland, and claimed they should receive rent-free social housing, despite never having worked in the country due to childcare responsibilities.
On Thursday last week, three judges at the Court of Appeal dismissed the council’s appeal against an earlier decision in favour of Mr Ismael and Mrs Abdi. The council had argued that the pair were both persons from abroad’ and could therefore not claim housing assistance.
The ruling will allow anyone granted sanctuary in the European Union to move to Britain and claim free council housing, even if they do not seek work in the country.
Mrs Abdi came to Barnet with her three daughters in 2001, having been granted Dutch nationality in 1998. She fled to Holland from war-torn Somalia, and has also lived in Kenya.
Mr Ismael is a widower who cares for his two young children. He came to the borough in 2004, four years after he was granted Dutch nationality.
David Dunn, who was part of Mrs Abdi’s legal team, told this newspaper from his office in Ballards Lane, Finchley: “The view adopted by the local authority was that people such as Mrs Abdi should not be considered eligible for housing when they become homeless. Our argument is that they are eligible and should be allowed to seek assistance with their housing, and that is what the Court of Appeal has decided. It has cleared up any ambiguity.” Mr Dunn said the council had given Mrs Abdi short-term temporary housing during the case, and she will now continue to live in the borough.
A spokesman for the council said: “The law required clarification and was of considerable importance not only to Barnet but also many other local authorities.
“The appeals were lodged at the Court of Appeal following advice from an eminent QC. The Office of the Deputy Prime Minister agreed with Barnet’s position. It intervened in the appeal and supported Barnet fully at the hearing.
“We are disappointed at the outcome and are now considering our options.”
Source: Barnet and Potters Bar, April 13, 2006
