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Local government Council absolved of duty to islanders

Posted: 21 October 2004 | Subscribe Online


West Sussex Council has been cleared of any responsibility to support a group of people from Diego Garcia.

A High Court judge ruled the council was not obliged to financially support the islanders - all of whom hold British passports - when they arrive at Gatwick airport unless an assessment finds they are unable to work.

He threw out the Diego Garcians' case and their application for judicial review, finding that the council had acted correctly in dealing with the islanders on an individual basis and by not supporting them as a group.
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The 45 Diego Garcians who brought the case to court arrived earlier this month. A further 45 are expected to arrive this week and a further 3,000 may follow.

The High Court had previously ordered the council to provide support and accommodation to about 100 people from the Indian Ocean island already in the UK. The council was forced to spend £500,000 of its social services budget doing so.

The islanders were given British passports in the 1970s after their island was taken over for military use and the inhabitants moved to Mauritius. But they can only claim state benefits after they have been in the UK for six months, leaving the local authority to take responsibility for their care.
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A West Sussex Council spokesperson said the earlier group was now eligible for benefits so the judgement would not affect them but added that the council would continue to fight for reimbursement for their care from the government.

In a letter to Crawley MP Laura Moffatt, Tony Blair said the islanders could work in the UK so the council was not obliged to support them (news, 5 August, page 13).


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