In November, we are taking the government to court to challenge changes to their ‘Allocation of Asylum Accommodation’ policy which force survivors of trafficking, torture and other serious forms of violence to share rooms with strangers. 

Two leading human rights charities, Helen Bamber Foundation and Freedom from Torture, will be in court on the 18th and 19th November arguing that the Home Office has failed to consult them before making changes to this critical policy which determines how and where people seeking asylum, including survivors of trafficking and torture, are housed by the Home Office during their asylum claim process.  

Trafficking and torture survivors who come to the UK to find protection have fled some of the worst forms of human cruelty. They are often traumatised, isolated and at high risk of being exploited again. Often with no adequate support and no one to turn to, they are at risk of being driven back into exploitative or abusive situations. A sense of safety and security is incredibly important for them to recover from their trauma and rebuild their sense of self.  

But since 2019, the Home Office has been placing them in ‘prison-like’ asylum sites or in overcrowded hotels where they are forced to share rooms with strangers. These conditions remind them of their past experiences of abuse and can be re-traumatising. Instead of being supported to recover from their experiences, survivors are pushed further into misery. If this wasn’t inhumane enough, the previous government brought in a change in policy at the start of 2024 which made it much harder for charities like ours to prevent survivors that we work with being forced to live in large accommodation sites or to share rooms with strangers. The current government continues to defend this policy change. 

What are we challenging? 

Changes made to the Allocation of Asylum Accommodation policy in early 2024 and subsequently maintained in two further iterations of the policy mean that it is more likely that survivors of torture and other serious forms of violence will be exposed to significant risk of harm by being forced to share rooms. The changes were made without any consultation and significantly affect survivors' mental health, feelings of safety, and the ability of human rights organisations to support survivors in their recovery.  

Prior to February 2024, there was a protective presumption that survivors of torture, of trafficking or other forms of serious physical, psychological or sexual violence and those with disabilities should be exempted from room sharing. Then suddenly and without warning, despite years of engaging with human rights experts over policies that affect highly vulnerable individuals, the Secretary of State for the Home Department (SSHD) fundamentally changed the Allocation of Asylum Accommodation policy. There was no engagement with or sufficient regard to the impact of these changes on profoundly traumatised individuals, many of whom are disabled because of their experiences of abuse.

Duty to consult is a cornerstone of democracy and the rule of law. Whilst this current government continues to stress the importance of the Rule of Law, this harmful policy change and the procedurally unfair way that it was introduced goes fundamentally against that principle.

The impact on survivors should always be considered in the development of relevant asylum accommodation policy, and survivors should never be forced to live in conditions that risk further serious harm and re-traumatisation. Stakeholders must be consulted during the process by which policy is developed in relation to survivors of trafficking, torture and other forms of serious violence. The previous government time and again disregarded the clinical evidence provided to highlight the extent of harm caused.  

Our vital legal challenge is brought broadly on the basis that the SSHD breached her duty to consult with stakeholders, despite long-standing recognition of their expertise, prior to the publication and implementation of the change in policy; and failed to adequately assess the impact of the changes on survivors of torture and other serious forms of violence, particularly on those who have disabilities and other protected characteristics.  

“I did not know the person. I was very scared, I did not feel safe, it meant that I was not able to sleep all night. I was on edge all of the time. Imagine having to spend time with someone you don’t trust, I was living in fear. I was worried all of the time, I was anxious and I did not feel as though I was living a normal life. It was very difficult for me, I was scared that this person would do something to me.” A survivor supported by Freedom from Torture who was forced to share a room.

The changes removed the presumption that survivors of trafficking and torture were exempted from room sharing. Shifting the policy presumption in favour of room-sharing as a norm in all types of asylum accommodation puts the burden on asylum seekers, including survivors of torture and those with disabilities to produce evidence to show that they are not suitable for room sharing. The changes have meant that many survivors are trapped in unsuitable living conditions and require legal representation to be moved. Some have even considered ending their lives.  

For those who’ve suffered torture and trauma, sharing a room with a stranger can seriously threaten their recovery. It removes the privacy and safety they so desperately need. The conditions are so dire that one of Helen Bamber Foundation’s clients, who’d experienced sexual abuse, slept on an armchair in the corridor every night as he felt safer there than in a room he was forced to share with a stranger.  

How can you help? 

Our legal team at Deighton Pierce Glynn (DPG) have been working tirelessly to build the strongest legal case and give us the best possible chance of overturning this deeply unjust policy. Now, we urgently need to raise funds to support their vital efforts.