I almost get no emails these days because… Never mind. So I missed the Sertre Fertré case. Except, i just received a mail about the related crowdfunding. Ms Sertre Fertré is a French citizen with pre-settled status, which means that she has been in the UK for less than five years.
I have not read the recent judgement yet, but below is my instant response.
This is interesting, as Ms Fertré may not be eligible for support in her native country either as she is in the UK, after all!
In my native country the Netherlands, this type of support is tied to and determined by the municipality.
Amsterdam, for example, doesn’t consider you as part of its citizens if you haven’t been living there for the 6 to 8 preceding years (depending on what regulations apply). Civil servants are instructed to do what they can to discourage people from asking for support and stop them from succeeding in getting that help. “Otherwise everyone will flock to Amsterdam”.
My town in the Netherlands was Amsterdam, but Amsterdam doesn’t see me as having any ties to it. I worked at its tourist office among others, went to university there, graduated there, started my first business there but Amsterdam considers me a complete stranger.
You cannot even work at Schiphol airport if you have been away and haven’t been living here in the preceding 6 years. You’re seen as a security risk. So you’re seen as someone who’s loyalty lies elsewhere.
I’d say that all of this goes a long way towards arguing that the host country owes a duty of care.
Otherwise these citizens are effectively stateless.
I don’t know for sure how France supports its citizens, though. Whether this would be similar.
It’s not osly a matter of countries trying to unburden themselves of their duty of care, within the Netherlands and not just within the Netherlands, municipalities try to shift their duty of care toward other municipalities too. There was a case of a woman who fled from domestic violence. You can only ask for help in your own municipality but of course, her ex found her and she was relocated to Amsterdam for her own safety.
When it was time for her to start rebuilding her life again, Amsterdam refused to support her as she had been living in a different municipality when she fled. Someone (some organization) took the case to court on her behalf and won.
LINKS
https://www.crowdjustice.com/case/eu-citizens-rights-to-dignity/
https://www.brickcourt.co.uk/news/detail/high-court-rules-on-equal-treatment-provisions-under-the-eu-uk-withdrawal-agreement: High Court rules on equal treatment provisions under the EU-UK Withdrawal Agreement, 10/07/24
https://the3million.org.uk/publication/2024031101: Note on the Withdrawal Agreement: Personal Scope (Art.10) and Equal Treatment (Art.23). as relied upon in C v Oldham (S 204 Housing Act 1996 appeal). Thanks go to Garden Court North, Landmark Chambers, Public Law Project and EU Rights and Brexit Hub. March 11th, 2024.
https://caselaw.nationalarchives.gov.uk/ewhc/admin/2022/327:
Here are links to court documents in the Sertre Fertré case:
https://www.judiciary.uk/live-hearings/fertre-appellant-v-vale-of-white-horse-district-council-anr-respondents/: Fertre (appellant) v Vale of White Horse District Council & anr (respondents), May 16, 2025
https://www.theguardian.com/politics/article/2024/jul/25/uk-post-brexit-scheme-eu-citizens-courts: Courts place UK’s post-Brexit scheme for EU citizens at risk, experts warn. Lawyers criticise what they consider inconsistencies in the handling of individual foreign nationals’ cases.
