Fertre (Appellant) v Vale of White Horse District Council (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0006

Parties

Appellant(s)

Gwladys Fertre

Respondent(s)

Vale of White Horse District Council

Issue

Under the Withdrawal Agreement, is an EU national living in the UK under the pre-settled status scheme eligible for homelessness assistance under the Housing Act 1996? In particular, does Article 13(4) of the Withdrawal Agreement empower the UK to adopt such schemes granting a right to reside “on the basis of” the Withdrawal Agreement to EU citizens who do not satisfy the conditions under Article 13(1)?

Facts

This appeal concerns rights under the pre-settled status scheme of EU citizens who exercised their right to reside in the UK before the end of the transition period and continue to reside there thereafter. The appellant is a French citizen who came to the UK during the transition period of the UK’s withdrawal from the European Union. Provisions for this transition period were contained within the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2019/C 384 I/01) (the “Withdrawal Agreement” or “WA”). The appellant applied for and obtained pre-settled status under the relevant immigration rules. She became an EU national living in the UK with pre-settled status, conferred on her pursuant to Article 18 of the Withdrawal Agreement. Later, when her personal circumstances changed, the appellant applied to the respondent for housing assistance under Part 7 of the Housing Act 1996. Her application was refused. The respondent decided pursuant to section 184 of the Housing Act 1996 that the appellant was not eligible for homelessness assistance. As a “person from abroad” with no more than pre-settled status she was not entitled to it. The appellant appealed this decision. The High Court dismissed the appeal. There is a domestic rule requiring those who have a “new residence status” under Article 18(1) of the Withdrawal Agreement to fulfil requirements for eligibility to social assistance to which a British citizen with habitual residence is not subject. Article 23(1) of the Withdrawal Agreement does not prohibit or disapply this domestic rule. The appellant appealed this decision. The Court of Appeal dismissed the appeal. Whipple LJ (Newey and Underhill LJJ agreeing) held that the appellant was not the subject of unlawful discrimination when her claim to homelessness support under the Housing Act 1996 was refused on grounds that she was a person from abroad who was not entitled to such state support. The appellant is not entitled under the Withdrawal Agreement to the rights she claims. She is residing in the UK in accordance with the Withdrawal Agreement, rather than on the basis of it. The appellant appeals to the Supreme Court. After the Court of Appeal judgment, on 4 November 2025 the appellant had lived in the UK for five years and became eligible for settled status (indefinite leave to remain). On 27 November 2025 the Home Secretary granted the appellant settled status.