Judicial Review Challenge Concerning the Lawfulness of the Home Office £40,000 Payment Scheme

This statement concerns a judicial review challenge relating to the Home Office pilot scheme reportedly offering payments of up to £40,000 per family to certain failed asylum seekers who voluntarily depart the United Kingdom.

On 6 March 2026, a Pre-Action Protocol letter was issued to the Home Office signalling the intention to pursue judicial review proceedings in the High Court. The purpose of the challenge is to seek clarification as to whether the Government possesses lawful statutory authority to make payments of this scale under the existing immigration framework.

The challenge raises a narrow but important constitutional issue. It is not concerned with the merits of immigration policy itself, but rather with whether the Executive is acting within the limits of authority granted by Parliament when authorising significant public expenditure.

Public reporting indicates that the pilot scheme may offer payments of £10,000 per individual, capped at £40,000 per family, to encourage voluntary departure. While the Government has suggested that the scheme may result in overall savings to the public purse, no detailed statutory basis or published Value for Money analysis appears to have been provided explaining the legal authority for payments of this magnitude.

Under long-standing constitutional principles reflected in the Bill of Rights 1689, public funds may only be expended with the authority of Parliament. In addition, the HM Treasury framework contained in Managing Public Money requires government departments to ensure that public expenditure satisfies the principles of regularity, propriety and value for money.

The purpose of the proposed judicial review is therefore to ask the High Court to determine whether the statutory powers relied upon by the Secretary of State properly authorise the creation of a scheme involving payments of up to £40,000 per family.

Because the individuals receiving such payments would have no incentive to challenge the scheme themselves, the legality of the policy may otherwise escape judicial scrutiny. For that reason the proceedings are being pursued in the public interest by a private claimant acting as a litigant in person.

A response has been requested from the Government within the period specified in the Pre-Action Protocol. Should the issues raised not be satisfactorily addressed, the matter may be placed before the High Court for determination through judicial review proceedings.

Further updates will be provided as the matter progresses.

CHARLIEPROCTOR79@GMAIL.COM