2020-04-14 13:23:31
For around eighteen months Legal Services Agency have been
challenging lock change evictions in Glasgow Sheriff Court. We raised one of
the first actions challenging these evictions and have raised around 77 interdict
actions since then. These cases were put on hold waiting for a decision to be
made in the case of Ali v Serco and Others which called before the
Second Division of the Inner House of the Court of Session in August 2019. The
Inner House determined that lock change evictions can be lawfully undertaken in
Scotland without breaching common law or human rights law. An application was
thereafter made to appeal this case to the UK Supreme Court.
We are saddened to hear that the UK Supreme Court has
determined that there is no arguable point of law on which to hear an appeal
against the Inner House’s decision. We are considering the decision and
contacting our clients who are affected by it. We still have around 44
interdict actions sisted in Glasgow Sheriff Court. Each of these actions
relates to a vulnerable person at potential risk of street homelessness and
being pushed further into destitution.
At present it is open to clients who are in asylum
accommodation without support in place to make an application for support in
terms of the Immigration and Asylum Act 1999 on the basis of the COVID19
pandemic. We would encourage strongly anyone affected by the Ali case to
seek advice and to make an application as soon as possible if they can.
However, support based on COVID19 is temporary in nature. The
Ali case and the associated litigation has exposed a problematic system
which exposes appeal rights exhausted asylum seekers to potential breaches of
their human rights. We will continue to work with our friends and partners in
the sector to vindicate the rights of appeal rights exhausted asylum seekers and
push for a fairer, more humane system.
For further information contact our Rona Macleod on 0141 353 3354, or by email ronamacleod@lsa.org.uk.
