Secretary Of State Concedes Public Order Disqualification Decision For The Second Time (9 June 2023)

• Author: Ms Maria Thomas, Hanna Kit and Elisabeth Jennings
• Law Firm: Duncan Lewis & Co Solicitors
• Published date: 20 June 2023

The Secretary of state has been forced for a second time to concede a public order disqualification decision, in the case of LAN v SSHD - CO/1940/2023.

This litigation follows the case of VAN v SSHD - CO/792/2023, believed to be the first challenge to the new policy framework, which was lodged in early March this year. Both cases are awaiting the Secretary of State's summary grounds of defence.

The litigation is a challenge to the Secretary of State's policy for making public order disqualification decisions (PODs), pursuant to s63 of the Nationality and Borders Act 2022. Once a POD has been applied, potential victims of trafficking are no longer entitled to anti-trafficking specific support under the Modern Slavery Victim Care Contract (MSVCC). It further attempts to remove the duty on the Home Secretary to investigate and prevent re-trafficking in circumstances...