UK Government faces legal challenge over broken promise to evacuate family from Gaza

The family – a mother, three children, and an adopted nephew – remain stranded in the Al-Zawida area of Gaza, displaced by Israeli bombardment and living in a flimsy tent, struggling to find enough food to eat or clean water to drink, or medical care.  

The father is in the UK having been granted humanitarian protection. He is pleading for the Government to keep its promise to secure his family’s safe passage.

On 27 August 2025, the Foreign, Commonwealth and Development Office (FCDO) agreed to provide consular assistance to help evacuate the family to the UK. However, despite Israeli clearance to exit being granted in principle and repeated legal representations, the FCDO and Home Office have refused to coordinate and take the necessary steps to facilitate the family’s evacuation.

The family have family reunion visas in principle, but these are subject to biometric checks. Unlike in other cases, the UK Government has refused to provide the assurances required by the Jordanian authorities to allow the family to cross the border and complete biometric checks there.  

As there is no visa application centre in Gaza, Jordan is the only viable location for these checks to take place. The Government’s failure to provide the necessary guarantees that they will be swiftly moved on from Jordan to the UK is the key barrier to their evacuation.

The family will imminently lodge judicial review proceedings against both the Foreign Secretary and the Home Secretary. They argue that the Government’s failure to act is unlawful, irrational, and in breach of the family’s human rights. They also say that the Government is unfairly treating them differently to others that the Government has been willing to help.

The family also argue that the UK Government has successfully evacuated other groups from Gaza — including very recently a large group of university students and medical evacuees — under similar circumstances. In those cases, the FCDO and Home Office worked together to speed through biometric checks and visa processing, even before final decisions were made.

Despite agreeing to assist the family on the same date as the students evacuated, the Government has failed to take similar steps in this family’s case. No biometric waivers have been granted, no passports have been checked, and no assurances have been provided to Jordan — despite the family passing Israeli security checks and never having left Gaza.  

This is one of a number of families in Gaza with a right to family reunion that the UK Government has promised to assist but has failed to do so.

The family are represented by Leigh Day human rights partner Tessa Gregory and solicitor Sarah Crowe, and Charlotte Kilroy KC of Blackstone Chambers and Michelle Knorr of Doughty Street Chambers.

Leigh Day also represents another family trapped in Gaza in the same situation, who they are also issuing Court proceedings on behalf of.

Sarah Crowe said:

“The UK Government has turned its back on our clients, despite promising to assist them. They are continuing to endure the unimaginable and are living on the streets in Gaza, without food, shelter or medical care, and at continuing risk of serious harm or death, including from Israeli strikes that continue despite the ceasefire. The Government agreed to assist them over two months ago, yet is refusing to take the basic steps needed to secure their safe passage.

“They are not the only ones to be in this perilous position. There are a number of cases of families separated from their loved ones, including another family we represent, where the Government has failed to keep its promise to assist.  

“Meanwhile, other groups have been safely evacuated under similar circumstances. Our clients argue that this differential treatment is not only unjustifiable and unfair — it is unlawful. They are calling for the Government to act urgently to expedite their case and uphold their legal obligations and their promise to reunite them with their loved ones.” 

The father, who wishes to remain anonymous, said:

“My family are in constant danger, and I worry about them every minute of every day. The UK Government promised to help them but has now gone back on that promise for no good reason, while they continue to suffer.  

"My children are so scared, they cannot sleep because of the constant hunger and fear that strikes will resume at any minute. I can’t bear to be separated from my wife and children – if anything happens to them, my own life will not be worth living.”