No entitlement to homelessness assistance for those with PSS-only

The Court of Appeal yesterday handed down judgment in Fertré v Vale of White Horse District Council [2025] EWCA Civ 1057. In its judgment the Court of Appeal determined that those with pre-settled status (“PSS”) granted under the EU Settlement Scheme, but without a directly effective right to reside in the UK under the Withdrawal Agreement (“WA”) are not protected by the non-discrimination provisions of Article 23 WA. As such, the Appellant was not the subject of unlawful discrimination under the WA when she was refused homelessness assistance under Part 7 of the Housing Act 1996.

The judgment is likely to carry wider significance regarding access to welfare supports for those with PSS but without a directly effective right to reside under the WA.

Clíodhna Kelleher acted for the AIRE Centre in its intervention in the proceedings.