Duncan Lewis Client Wins Judicial Review against the Home Secretary (18 November 2025)

The public law team at Duncan Lewis Solicitors won a significant judicial review victory, which clarifies the legal framework for assessing suitable accommodation for individuals on immigration bail.

This case is not only a triumph for our client, but also a testament to the determination and expertise of Lily Parrott, Beth Scott and Jeremy Ogilvie-Harris (Public Law and Human Rights Barrister) who fought to secure justice.

The Case: R (Thye Loi Ho) v Secretary of State for the Home Department

In R (on the application of Thye Loi Ho) v Secretary of State for the Home Department [2025] EWHC 2641 (Admin), the Administrative Court has provided important guidance on how the Home Secretary must interpret and apply her own policy when determining the suitability of immigration bail accommodation under Schedule 10 to the Immigration Act 2016.

Our client, a 70-year-old Malaysian national who had lived in Southend, Essex for almost 20 years, was granted immigration bail but faced being housed far from his established community and support network. The Home Secretary had applied a "no choice basis" policy, refusing to allocate accommodation in Essex on the grounds that there were insufficient "exceptional" or "compelling" circumstances to justify this.

Fighting for Justice: The Battle for Legal Aid

Before this case could even reach the courtroom, our team faced a significant obstacle that highlights the challenges many legal aid solicitors encounter in securing access to justice for their clients.

Despite the strong legal merits of the case, the Legal Aid Agency initially refused funding. Their reasoning was that the case lacked merit because the Home Secretary had considered the client's personal circumstances—albeit that she had done so under the wrong policy.

Lily Parrott, the solicitor leading on this case drafted a comprehensive legal advice citing established case law, including Ex P Fewings, which clearly establishes that applying the wrong legal test renders a decision unlawful, regardless of whether relevant facts were considered. This is a fundamental principle of administrative law.

When both the Legal Aid Agency reviewer and the Independent Funding Adjudicator rejected this well-founded legal argument, Lily demonstrated the kind of determination and strategic thinking that defines excellent legal practice. She drafted and sent a pre-action protocol letter before claim, and it was only after this intervention that Legal Aid was finally granted.

Without Lily's unwavering belief in the case and her willingness to challenge the Legal Aid Agency's incorrect assessment, our client would have been denied access to justice entirely.

The Legal Victory

Her Honour Judge Belcher ruled decisively in our client's favour, holding that the Home Secretary had applied the wrong legal test—per Lily’s had argued from the outset. The Judge found that the Schedule 10 Policy Guidance requires the Home Secretary to assess the suitability of accommodation before making an allocation, specifically identifying whether "there are accommodation related needs based on the persons disability, medical needs or vulnerabilities."

This is fundamentally different from the approach the Home Secretary had taken, which was to assume all accommodation is suitable unless exceptional circumstances exist. The decision was quashed and remitted back to the Home Secretary for reconsideration under the correct legal framework.

The judgment has completely vindicated Lily's legal analysis and her decision to challenge the Legal Aid Agency's refusal. What the Legal Aid Agency had assessed as having "no merits" was in fact a strong case that succeeded on multiple grounds.

Expert Legal Team

This successful outcome was achieved through the combined expertise of our immigration law team and Jeremy Ogilvie-Harris:

• Lily Parrott, who demonstrated brilliant strategic thinking in securing Legal Aid funding against initial refusals, and whose meticulous preparation and clear legal analysis laid the foundation for this important victory
• Beth Scott, whose dedication and attention to detail throughout the proceedings contributed significantly to building a compelling case for our client
• Jeremy Ogilvie-Harris of Cornerstone Barristers, who provided expert advocacy before the Administrative Court

Wider Implications

This judgment has important implications for all individuals provided with immigration bail accommodation under Schedule 10. It establishes that:

1. The Home Secretary must assess suitability of accommodation under the Schedule 10 Policy Guidance before allocation
2. The "level and type of accommodation allocated will vary according to individual needs"
3. The "no choice" policy applicable to asylum accommodation cannot simply be imported into Schedule 10 cases without proper legal basis

Beyond the legal principles established, this case serves as a powerful reminder of the bureaucratic hurdles facing already over-stretched legal aid practitioners. As this case demonstrates, threats to access to justice often hide within procedures and bureaucracy—and it takes determined, skilled solicitors to overcome them.

About Lily Parrot

Lily Parrott is a solicitor at Duncan Lewis Solicitors specialising in immigration and asylum law. Since joining in 2019, she has built a reputation for her dedicated representation of vulnerable clients, including those in detention, victims of trafficking, and asylum seekers with complex needs. Lily has extensive experience in judicial review proceedings and strategic litigation, including challenging GPS ankle tags on asylum seekers and detention practices.

Get in touch with Lily on lilyp@duncanlewis.com or call: 02031141177.

About Beth Scott

Beth Scott is a caseworker in the Public Law team at Duncan Lewis Solicitors, based in the City of London office. Working alongside Lily Parrott, Beth assists with challenging injustices in immigration, asylum, public and human rights law. She has a strong commitment to representing vulnerable clients on legal aid matters.

Get in touch with Beth on beths@duncanlewis.com or call 02031141319.

About Duncan Lewis Immigration Solicitors

At Duncan Lewis, we are committed to fighting for our clients' rights at every stage—from challenging unjust Legal Aid refusals to presenting compelling arguments before the Administrative Court.

Our immigration law team has extensive experience in judicial review proceedings and regularly secures important victories that clarify the law and protect vulnerable individuals.

We understand that justice sometimes requires persistence and determination even before the legal arguments can be heard. Our team has the expertise, dedication, and resilience to see cases through from initial obstacles to final phases.

If you require legal representation in immigration matters, including judicial review challenges, our expert team is here to help.