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5.4.1 Policy Statement

This chapter was added to the manual March 2011.


Contents

  1. Introduction
  2. Background
  3. Scope
  4. Legislative Frameworks
  5. Definitions
  6. Determination of Eligibility
  7. Accommodation
  8. Subsistence


1. Introduction

The following policy statement is provided for the use of staff, partners and members of the council and public.  The statement sets out the council's policy in relation to the eligibility, assessment and provision of support to people who are subject to immigration controls and with no recourse to public funds.


2. Background

For many years Croydon has been the centre of Immigration Services in the UK being the home of the United Kingdom Border Agency (UKBA), and the Asylum Screening Unit (ASU). Over the last 10 years there has been a significant change in the way that asylum is managed both nationally and locally as well as the number and profile of those claiming asylum.

In the last two years the UKBA has pledged to reduce the number of "legacy" cases awaiting decisions on whether or not to grant refugee status to applicants. In order to do this the UKBA established the Case Resolution Directorate and through Local Immigration Teams (LIT) has begun the process of either granting status in the UK or where it is not granted to begin repatriation either through the Assisted Voluntary Return schemes (AVR) or enforced removal.

Since June 2010, there has been a dedicated team within the Croydon LIT whose remit is to robustly conclude the outstanding Croydon cases. This work is lead by the by senior officers in Children, Young People & Learners and Department of Adult Services and Housing. 


3. Scope

This policy covers the provision of support to:

  • Single adults and couple with or without children;
  • Single adults and couples with or without a disability/long term health condition;
  • Former Relevant Looked After Children (LAC) who are now over the age of 18yrs.

This policy covers the legislative framework under which support can be provided.

This policy provides high level descriptions of the assessment process and the provision of support services.

This policy does is not intended as practice guidance or operational procedure for practitioners and this has been developed separately.


4. Legislative Frameworks

The following legislation is referred to throughout the policy statement and it referred to by initials as follows:

  • National Assistance Act 1948 ("NAA 1948");
  • Children Act 1989 ("CAA 1989");
  • National Health Service & Community Care Act 1990 ("NHS&CCA 1990");
  • European Convention on Human Rights and Human Rights Act 1998;
  • Immigration & Asylum Act 1999 ("IAA 1999");
  • Children (Leaving Care) Act 2000 ("CLCA 2000");
  • Nationality, Immigration & Asylum Act 2002 ("NIAA 2002");
  • Children Act 2004 ("CAA 2004").


5. Definitions

Asylum Seekers
A person who has a current asylum claim being dealt with by the Home Office/ UK Border Agency (UKBA). An Asylum Claim is a claim that to remove the applicant from the UK would render the UK in breach of its obligations under the Refugee Convention and/or European Convention of Human Rights.
Failed Asylum Seekers
A person who has exhausted all their rights of appeal against a negative decision and are either awaiting or have been given notice to leave their accommodation or the country.
Habitual Residency Test Failure
A person who holds a UK passport but has not lived in the UK for 6 months or more. On returning to the UK they are not deemed to be habitually resident and therefore not entitled to public funds or housing.
Subject to Visa Restrictions
A person  who has entered the UK on visa (e.g. Student, work or visitors). 
Overstayers
A person whose visa has expired and has remained in the UK illegally. In most cases applications are made to the Home Office Border and Immigration Agency (BIA) for leave to remain in the UK outside of the Immigration rules.
Benefit Gap
A person who has been granted leave to remain in the UK. The benefit gap is the time between the person being given leave to remain and the access to public funds. 
Vulnerable Adult
  • A person who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation;

    or
  • A person whose actions/behaviour or is persuaded to act/ behave (by others or circumstances) in such a way that may make them susceptible to physical or emotional harm;

    or
  • A homeless person who would be less able to fend for themselves than an ordinary homeless person so that they would be likely to suffer injury or detriment, in circumstances where a less vulnerable person would be able to cope without harmful effects.
Carer
Someone who provides substantial care i.e. 20 hours or more a week.
Destitution

"Destitution" in relation to the Immigration and Asylum Act is defined as:

  1. "he/she does not have adequate accommodation or any means of obtaining it (whether or not his/her other essential living needs are met);

    or
  2. "he/she has adequate accommodation or the means of obtaining it, but cannot meet his/her other essential living needs."
Destitution Plus-Plus

Someone who is eligible for services under the National Health Service and Community Care Act 1990 and meets the criteria for destitution described above.  Persons with special needs who meet the criteria for destitution plus-plus will be eligible for support by the local authority under the National Assistance Act 1948 s21. 

The recent judgement in the House of Lords' case M v Slough Borough Council ("the Slough Judgment") on 30th July 2008 has redefined the interpretation of local authorities' responsibilities to provide support to individuals under Section 21 of the National Assistance Act 1948. The Judgment clarified what is a care need within the meaning of section 21, and as a consequence, to now qualify for section 21 support, an individual has to have a care need which requires some additional help over and above provision of accommodation, for example, assistance with personal care or household tasks. This in effect raises the threshold; previously authority suggested that illness by itself without a need for any care over and above medical assistance could be sufficient.


6. Determination of Eligibility

The determination of eligibility for services is made based on the following assessments:

  • Statutory Assessment - s.17 Children Act 1989;
  • Statutory Assessment  - s.47 NHS & CC Act 1990;
  • Immigration Assessment ;
  • Human Rights Assessment.

In addition to the above the council will have due regard to s. 54, schedule 3 Nationality, Immigration & Asylum Act 2002 which states that support cannot be lawfully provide by a Local Authority if the person is:

  • A national of the European Economic Area (other than the UK) ;
  • A person with refugee status from an EEA state ;
  • A person unlawfully present in the UK (including those whose visas have expired) ;
  • Failed asylum seekers who have refused to cooperate with removal directions.

if the person is deemed eligible for support service will be provided as detailed below  Where a person is deemed not to be eligible for support the council will  provide Information, advice and guidance on alternative means of support including repatriation services.


7. Accommodation

Accommodation will be provided which meets the assessed needs of the individuals supported.


8. Subsistence

Subsistence will be provided at a level determined by the Council.  Payments will be made in the following way:

  • Adults - Payment will be made via payment card/vouchers pursuant to S.21 National Assistance Act 1948;
  • Children  - Payments will be made via the Cashier pursuant to the Children Act 1989.

End