Home Office policy of deporting EU citizens found rough sleeping is illegal, High Court rules

The Home Office policy of deporting EU citizens found sleeping on the streets is illegal, the High Court has ruled.

The judge said the policy breaks EU laws and discriminates "unlawfully" against European nationals and rough sleepers. 

Mrs Justice Lang called on Amber Rudd, the Home Secretary, to "take stock and re-consider the terms of the proposed revised policy, in the light of advice from her legal advisers".  

The ruling came after two Polish men and a Latvian challenged the Government's policy, which was introduced last year, after they were threatened with deportation.

The Home Office argued that European citizens were coming to Britain with the "intent on rough sleeping", which they said defied EU freedom of movement rules.

They said they were "disappointed" with the verdict, but would not appeal the ruling. 

Mrs Lang said: "There has been a significant increase in rough sleepers of all nationalities. The policy discriminated unlawfully against EEA nationals and rough sleepers." 

The Home Office told the court that rough sleeping had risen by 55 per cent across Britain and 91 per cent in London between 2010 and 2015.

The law firm Deighton Pierce Glynn (DPG) intervened on behalf of the Aire Centre and the case was brought by the Public Interest Law Unit.

A Home Office spokesman said: "We are disappointed by today’s judgment. However, we respect the court’s findings and will not be appealing.

"We will consider carefully what steps are necessary to ensure we reflect the judgment in future enforcement."