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Families with No Recourse to Public Funds

NOTE

This is an area which is subject to legal change, and legal advice must be sought as necessary.

Some provisions of the Immigration Act 2016 have come into force, while others are yet to come into force. Provisions which have not yet come into force include provisions that will end asylum support for refused families, limit the availability of Home Office support for refused asylum seekers, and introduce reforms to local authority support provision for destitute families and care leavers who have no immigration status.

This chapter will be updated as the legislation changes.

See also: NRPF Network.

RELEVANT GUIDANCE

No Recourse to Public Funds Network Practice Guidance

Securing British Citizenship for Looked After Children - NRPF Network

RELATED CHAPTER

Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery Procedure

1. Who are Families with No Recourse to Public Funds?

People who have no legal entitlement to financial support or assistance from the state are people who have no recourse to public funds. They may self-refer for support or are referred from other agencies.

Children's Social Care Services are likely to be approached by families with children or by children or young people who are unaccompanied or separated from their parent or legal/customary caregiver.

These families may be:

  1. People with refugee status from another European Economic Area (EEA) country other than the UK or are dependents of people in the UK who have refugee status from a EEA country other than the UK;
  2. People who are citizens of an EEA country other than the UK or are the dependents of people who are citizens of an EEA country other than the UK; and who do not have settled status in the UK or are dependents of people who are citizens of an EEA country who do not have settled status in the UK, may not have recourse to public funds;
  3. Failed asylum seekers who have exhausted their appeal rights and who have failed to co-operate with removal directions;
  4. Persons who are unlawfully present in the UK who are not asylum-seekers, for example, people who have overstayed their leave to remain, people who have been trafficked into the country, people who entered the country illegally;
  5. People who have been granted limited leave to remain on the condition /restriction that they have no recourse to public funds, for example, people who are spouses/unmarried partners of persons with British citizenship or indefinite leave to remain, who have been granted a two year limited leave on condition/restriction of no recourse to public funds;
  6. People who have been granted discretionary/humanitarian leave to remain, for example, 'separated' children or young people from non-suspensive appeal countries whom the Home Office does not grant either refugee status or humanitarian protection, and are given 12 months leave to remain or until their 18th birthday, whichever is shorter;
  7. People on student visas who are unable to work and have no recourse to public funds. People whom have the right to enter the UK and work but have No Recourse to Public Funds may still be eligible or entitled to some Welfare Benefits such as Maternity Allowance, or Job Seekers Allowance (Contributory Based).

(This list is by no means exhaustive and provides examples of the categories of people who may present to Children's Social Care Services as destitute and have no recourse to public funds.)

2. Role of the Local Authority

The local authority is restricted by legislation in what it can provide in terms of assistance and support for all the categories of people outlined in the previous section.

People who have No Recourse to Public Funds as explained above, will not be entitled to support from the local authority under Sections 17, 23C, 24A or 24B of the Children Act 1989, except there is a breach or potential breach of their Human Rights. They are also not eligible for adult social care support under the Care Act 2014 or accommodation under homelessness legislation.

The Home Office allows for limited forms of assistance to be given by local authorities to some families and this could be in the form of:

  • Travel assistance to leave the UK to people with dependents under 18 years;
  • Temporary accommodation to people with dependents under 18 years awaiting the implementation of their travel arrangements;
  • Temporary accommodation to people to failed Asylum Seekers with dependents under 18 who are awaiting instructions for removal.

    However, the local authority still has the following duties towards all children, young people and families regardless of their status:
    • To carry out a Child in Need Assessment for all children under 18 years old who are in families, where there may be concerns about a child/children's welfare and/or safety under the Children Act 1989 (including any issues that may indicate that the child is or has been trafficked or a victim of compulsory labour, servitude and slavery);
    • To carry out a Child in Need Assessment for all 'separated' children under the age of 18 and to provide them with services in line with needs identified under the Children Act 1989;
    • To carry out an assessment of an adult for community care services under the Care Act 2014 where the adult's need for such services have not arisen solely due to destitution and/or to avoid a breach of the adult's human rights which would otherwise occur if no services were provided. In such instances, a referral should be sent to Adult Care Management.

3. Procedures for Working with Families with no Recourse to Public Funds

Families with no recourse to public funds usually present in one of two different ways:

  • Self-referral without an appointment;
  • Self-referral or referral by an external agency, by appointment.

Social workers need to consider if there is a possibility or evidence to suggest that there are child in need concerns or the potential for child in need concerns. This may include health needs affecting the parent/s or children, for example, chronic health conditions, physical disabilities, learning disabilities, or child protection issues, e.g. neglect, domestic violence and abuse.

If there is a strong possibility of such needs as outlined above, an Assessment should be undertaken.

When interviewing members of the family, social workers should explore, as fully as possible, existing sources of help and support in the community, voluntary groups, social networks etc.

If it is identified that the parents have 'no recourse' status, social workers will also have to check the following alongside the Child in Need assessment:

  1. Key Documents;
  2. Local Connection/Within the Local Authority's Area;
  3. Immigration Status of the Client;
  4. Destitution.

1. Key Documents

  1. The person seeking a service must have sufficient identification although this may not be possible if, for example, the person is fleeing domestic violence and abuse. In such cases evidence should be established at a later date via the assistance of a solicitor or the police;
  2. If they do not bring the necessary documentation on first presentation, the assessment can still go ahead but the social worker must inform them that any decisions regarding provision of support can only be made when they have provided the appropriate documents, and they should have all the required documents before another interview is arranged;
  3. If an interpreter is required, arrangements should be made with the interpreter to inform the person concerned of the documentation required;
  4. Those seeking a service should be asked to verify their identity and immigration status with the production of the following forms of identification:
    • Passports and birth certificates for all members of the family;
    • If available, travel documents e.g. return air tickets;
    • Home Officer papers (Application Registration Card (ARC), application letters or refusal letters) and solicitors' letters; and
    • If available, bank account statements (from at least the last 3 months).
    • Bio Metric Residence Permit (BRP)
  5. All identification documents supplied must be original documents, which should be photo-copied or scanned, and the copy/scanned documents retained on the relevant file;
  6. If the applicant or any dependents have health needs, they must provide any documented evidence of ill health or disability for any member of the family, e.g. OT reports, mental health/psychiatric reports.

2. Local Connection/Within the Local Authority's Area

Section 17 places a general duty on the local authority to safeguard and promote the welfare of children within their area who are in need and, so far as is consistent with that duty, to promote their upbringing within their families

  1. It is important to establish whether the family are within the area of the Local Authority as it may be another local authority, which has responsibility for this person;
  2. This criteria need not always apply, for example, if the person is at risk of violence if they return to the local authority whose area they are within; or the family and children are subject to S47 Enquiries.
  3. It should be stressed social workers will follow up on the contact details given by those seeking a service to make enquiries to verify the family's establishment within its area. (e.g they are physically present, or the children attend school in the Local Authority);
  4. If it is established that the person/children are within the area of another local authority, social workers should refer the family to that local authority.

3. Immigration Status of the Client

  1. Checks should be made with the Home Office to check if the person concerned has a 'live' asylum application, been refused asylum, or has some other application pending; the Parents should be asked to consent to these checks by completing the LBWF NRPF First Contact Letter;
  2. Social workers should have the documentation outlined in Key Documents to establish the status and identity of the applicant and his/her dependents and this should be cross-referenced with the Home Office as fully as possible;
  3. Social workers need to tell over-stayers they have a duty to inform the Home Office as they have approached the local authority for assistance.

4. Destitution

  1. It is important to build up a clear picture of the family's circumstances and social workers need to assess if the client is indeed destitute, i.e. he/she has no means of supporting him/herself nor family or friends whom he/she can rely on for support;
  2. Social workers must consider if the information given both verbally and in documented form is credible. If they do not think it is credible, they must be confident that there is enough evidence to the contrary (taking care to record this) in case the local authority decision is subject to legal challenge.

Completion of Assessment

When the assessment is completed, the social worker should discuss the outcome of the assessment with their line manager.

If the family is in need of urgent/immediate support authorisation must be sought from the Head of Service before any provision of immediate support and the No Recourse Public Funds Team Manager and Finance Manager notified.

Terminating Support

Any decision to terminate support for an ongoing case should be made with the agreement of the relevant Head of Service. This needs to be informed by an up-to-date assessment.

The social worker will need to inform the parents if their support is to be terminated. This should be done in an interview, with the use of an interpreter if necessary.

The social worker should arrange for a letter to be sent to the persons concerned including the 28-day notice period from when support will terminate and to advise them to seek legal advice if they disagree with the decision. This letter should be translated into the person's first language as appropriate.

Arranging Support

Social workers will need to ensure the Assessment Record sets out the basis upon which support for the family is provided and outlining the needs of the family. This should cover:

  • If the family needs an interpreter;
  • Special accommodation needs;
  • Health needs;
  • Length of proposed support;
  • The legislation under which the family is being supported, e.g. Section 17 of the Children Act 1989.

Provision of Accommodation

For families with no recourse to public funds who require accommodation the following steps should be taken:

  1. The person concerned and the social worker should identify the specific needs of the family taking into account location, type of property required;
  2. The social worker should identify appropriate properties;
  3. The social worker and person/s concerned should view suitable properties from an accommodation provider who is on the Local Authority's approved list and identify a suitable property taking into account the needs of the family and the location;
  4. Accommodation must be fully furnished;
  5. The social worker will negotiate with the landlord the payment of the rent and acquire the relevant information to make payment;
  6. The social worker will make arrangements for payments of rent to the landlord on a monthly basis directly to his/her bank account and ensure that Council tax is also paid within the agreed rent amount;
  7. The social worker will refer the family to the No Recourse to Public Funds (NRPF) Panel to agree a date for the case to transfer to the No Recourse to Public Funds Team who will manage the case going forward.
  8. If the family is granted leave to remain at a future date, and when they are in receipt of benefits, the NRPF social worker will confirm the next steps and negotiate an agreed moving out date with the landlord and the family. The family and the landlord will be issued with a 28-day notice to quit letter;
  9. The landlord and family have a duty to notify the local authority that they are in receipt of benefits/housing benefit and any over payment of rent to the landlord will be reclaimed by the local authority.

Independent Family Returns Panel

Under s. 54A Borders, Citizenship and Immigration Act 2009 (inserted by s.3 Immigration Act 2014), the Secretary of State must consult the Independent Family Returns Panel in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.

A family returns case is a case where a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, together with their parent/carer.

Pre-departure accommodation is a secure facility designed to be used as a last resort where families fail to co-operate with other options to leave the UK, such as the offer of assisted voluntary return.

The Panel may request information in order that any return plan for a particular family has taken into account any information held by other agencies that relates to safeguarding, welfare or child protection. In particular a social worker or manager from Children's Social Work Services may be invited to contribute to the Panel.

Trix procedures

Only valid for 48hrs