The Court of Appeal has handed down judgment in Fertré v Vale of White Horse District Council [2025] EWCA Civ 1057. The Court of Appeal upheld the judgment of Jay J in the High Court ([2024] EWHC 1754 (KB), [2024] 1 WLR 5453). Both the High Court and Court of Appeal found that the grant of pre-settled status (PSS) to EU citizens and their family members under post-Brexit arrangements does not in itself automatically confer the right to equal treatment with UK citizens under the Withdrawal Agreement in respect of social assistance – to enjoy equal treatment rights under Article 23 of the Withdrawal Agreement an EU citizen needs to be complying with the conditions on residence rights set out in various EU instruments applied by Part Two of the Withdrawal agreement (i.e. by being a worker, self-employed, self-sufficient or a self-sufficient student, etc.). That outcome was not altered by the fact that the UK had chosen not to require a person to be complying with those conditions in order to obtain or retain PSS.
This is an important judgment on the interaction of domestic and EU law (as applied by the Withdrawal Agreement) following the UK’s withdrawal from the EU, and the correct approach to the interpretation of the Withdrawal Agreement.
The appeal was brought by Ms Fertre against the Local Housing Authority’s refusal of housing assistance under Pt.7 of the Housing Act 1996. The Court of Appeal granted permission to intervene to five bodies: the Secretary of State for Housing, Communities and Local Government, the Independent Monitoring Authority for the Citizens’ Rights Agreements, the3million, Shelter and the AIRE Centre. James Cornwell and Zoe Gannon acted for the successful Secretary of State for Housing, Communities and Local Government, led by Julia Smyth KC (James Cornwell also successfully acted for the Secretary of State in the High Court as sole Counsel).
You can read the judgment here.
