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<strong>Local</strong> <strong>Authority</strong> <strong>Support</strong> <strong>to</strong> <strong>People</strong> <strong>with</strong><br />

<strong>No</strong> Recourse <strong>to</strong> Public Funds –<br />

Reflections on the Past, Looking <strong>to</strong> the<br />

Future<br />

15 th June 2011<br />

Conference Report<br />

NRPF Network/British Red Cross Conference Report June 2011<br />

2


Contents<br />

Introduction 3<br />

Aims & Objectives of the Conference 3<br />

Key Issues 4<br />

Presentation Summaries 5<br />

Nick Scott-Flynn – Head of Refugee Services, British Red Cross 5<br />

Jonathan Price – Policy and Communications Officer, NPRF Network 5<br />

Hugo Tristram – Development Officer, Refugee Services, British Red Cross 6<br />

Hugh Ind – Regional Direc<strong>to</strong>r, London and South East, UKBA 7<br />

Sue Willman – Partner, Pierce Glynn Solici<strong>to</strong>rs 7<br />

Chris Spencer – Chair of ADCS/ADASS Asylum Taskforce 9<br />

Questions and Answers 10<br />

Workshops 11<br />

Adam Weiss, The AIRE Centre (Advice on Individual Rights in Europe) – A8<br />

Nationals and the End of the Interim Arrangements<br />

Jo Clarke, Eaves Housing – Sojourner Project and <strong>Support</strong> <strong>to</strong> Victims of Domestic<br />

Violence<br />

Henry St Clair Miller, NRPF Network/Isling<strong>to</strong>n <strong>Council</strong> – NRPF Connect 12<br />

Anca Andreopoulos, Refugee Action – Assisted Voluntary Return Programmes 13<br />

Participant Feedback 14<br />

NRPF Network/British Red Cross Conference Report June 2011<br />

2<br />

11<br />

11


Introduction<br />

The <strong>Local</strong> <strong>Authority</strong> <strong>Support</strong> <strong>to</strong> <strong>People</strong> <strong>with</strong> <strong>No</strong> Recourse <strong>to</strong> Public Funds – Reflections on the Past,<br />

Looking <strong>to</strong> the Future conference, held at the Assembly Hall, Isling<strong>to</strong>n on June 15 th 2011 was cohosted<br />

by the NRPF Network and the British Red Cross and addressed specific issues relating <strong>to</strong><br />

support for destitute people from abroad <strong>with</strong> no recourse <strong>to</strong> public funds (NRPF). This report<br />

summarises the presentations and workshops, and outlines the key issues that emerged during the<br />

conference.<br />

The purpose of the conference was <strong>to</strong> evaluate past successes and failures of support <strong>to</strong> people <strong>with</strong><br />

NRPF and look forward <strong>to</strong> what new challenges are facing the different sec<strong>to</strong>rs in regards <strong>to</strong> this<br />

support. This is <strong>with</strong> the intention of identifying emerging solutions <strong>to</strong> the current and future<br />

challenges in this area of work.<br />

The conference was attended by 123 delegates from a range of sec<strong>to</strong>rs and organisations: 42% from<br />

local authorities, 38% from the community and voluntary sec<strong>to</strong>r, 8% from NHS departments, 6% from<br />

<strong>Local</strong> Government representative bodies, 4% from central government and 2% from other agencies.<br />

Presentations were given by a panel of experts:<br />

� Nick Scott-Flynn, Head of Refugee Services, British Red Cross<br />

� Jonathan Price, Policy and Communications Officer, NPRF Network<br />

� Hugo Tristram, Development Officer, Refugee Services, British Red Cross<br />

� Hugh Ind, Regional Direc<strong>to</strong>r, London and South East, UKBA<br />

� Sue Willman, Partner, Pierce Glynn Solici<strong>to</strong>rs<br />

� Chris Spencer, Chair of ADCS/ADASS Asylum Taskforce<br />

Workshops were led by:<br />

� Adam Weiss, The AIRE Centre<br />

� Jo Clarke, Eaves Housing<br />

� Henry St Clair Miller, NRPF Network/Isling<strong>to</strong>n <strong>Council</strong><br />

� Anca Andreopoulos, Refugee Action<br />

Aims and Objectives of the Conference<br />

The event aimed <strong>to</strong>:<br />

� Bring <strong>to</strong>gether professionals working <strong>with</strong> NRPF individuals and families from local<br />

authorities, the voluntary sec<strong>to</strong>r, central government and other agencies <strong>to</strong> promote<br />

cooperation and understanding<br />

� Reflect on the developments in the support provided <strong>to</strong> people <strong>with</strong> NRPF in recent years<br />

� Identify new challenges facing local authorities and the voluntary sec<strong>to</strong>r in regards <strong>to</strong> support<br />

<strong>to</strong> NRPF individuals and families<br />

� Explore solutions <strong>to</strong> emerging issues<br />

� Increase awareness and understanding of policy and practice regarding support <strong>to</strong> people<br />

<strong>with</strong> NRPF<br />

NRPF Network/British Red Cross Conference Report June 2011 3


The objectives of the event were <strong>to</strong>:<br />

� Consider issues arising from the destitution of asylum seekers, refused asylum seekers and<br />

other migrant groups<br />

� Discuss the implications of changes in trends of support <strong>to</strong> the client group<br />

� Consider the impact of the Case Resolution Direc<strong>to</strong>rate (CRD)<br />

� Provide legal updates in the area of support <strong>to</strong> people <strong>with</strong> NRPF<br />

� Consider the impact of legal aid cuts and cuts in local authority funding on local authorities<br />

and the voluntary sec<strong>to</strong>r<br />

� Explore routes <strong>to</strong> providing support <strong>to</strong> EEA nationals<br />

� Provide information on the Sojourner Project for victims of domestic violence on spouse visas<br />

� Provide details of the process of voluntary return and what support is available <strong>to</strong> those<br />

embarking on the process of return <strong>to</strong> their country of origin<br />

� Discuss good practice in recording, moni<strong>to</strong>ring and reviewing local authority-supported NRPF<br />

cases, developing policies and procedures in dealing <strong>with</strong> cases <strong>to</strong> ensure an efficient start<strong>to</strong>-end<br />

process and working in partnership <strong>with</strong> other organisations <strong>to</strong> facilitate the resolution<br />

of NRPF cases<br />

� Look at the future management of NRPF cases <strong>with</strong> the aims of ensuring safeguarding,<br />

accountability and secure sharing of data and information<br />

Key Issues<br />

Key issues highlighted at the event included:<br />

- <strong>Local</strong> authority duties <strong>to</strong> people <strong>with</strong> NRPF are complex and require effective communication<br />

between local authorities, the UKBA and the voluntary sec<strong>to</strong>r. There needs <strong>to</strong> be sharing of<br />

policies and good practice between local authorities <strong>to</strong> facilitate the consistency of approach<br />

across the UK. NRPF Connect (more information below) will be a mechanism <strong>to</strong> facilitate<br />

communication between local authorities and the UKBA in order <strong>to</strong> help resolve cases and<br />

manage NRPF cases securely and effectively.<br />

- It is common that individuals and families <strong>with</strong> NRPF wait <strong>to</strong>o long for decisions on<br />

immigration applications <strong>to</strong> the UKBA. Furthermore, if a negative decision is made, return <strong>to</strong><br />

country of origin rarely takes place. As a result of this process, people are left in limbo and<br />

face destitution. <strong>Local</strong> authorities and the voluntary sec<strong>to</strong>r in some circumstances are<br />

required <strong>to</strong> fund support <strong>to</strong> those who are destitute. More financial support and a greater<br />

strategic approach <strong>to</strong> sustainable returns including removal of cases where all rights are<br />

exhausted and continued investment in voluntary returns is needed.<br />

- There are concerns regarding the future of provision of legal aid, and cuts in local authority<br />

funding for voluntary and community services<br />

- The landscape of NRPF has shifted hugely over the years. There have been important<br />

changes in case law and government policies, which have resulted in a shift from support <strong>to</strong><br />

adults <strong>to</strong> support provided by local authorities <strong>to</strong> children & families.<br />

- The UKBA must see local authorities as a stakeholder and should prioritise local authoritysupported<br />

cases in the same way as those on asylum support so that they do not get left in<br />

limbo.<br />

NRPF Network/British Red Cross Conference Report June 2011 4


Presentation Summaries<br />

Nick Scott-Flynn – Head of Refugee Services, British Red Cross<br />

Nick highlighted the importance of bringing <strong>to</strong>gether local authority, central government and voluntary<br />

sec<strong>to</strong>r organisations <strong>to</strong> reflect on developments in support <strong>to</strong> people <strong>with</strong> NRPF, identify emerging<br />

issues and explore solutions <strong>to</strong> new problems. Nick explained that this conference would specifically<br />

focus on the following current issues:<br />

� Impact of the Case Resolution Direc<strong>to</strong>rate (CRD)<br />

� Community Care/Community Mental Health post-M v Slough [2008]<br />

� Impact of the Birmingham City <strong>Council</strong> v Clue case and the increase of support <strong>to</strong> children<br />

and families <strong>with</strong> NRPF<br />

� EEA nationals – homelessness, domestic violence and restrictions <strong>to</strong> support<br />

� Destitution of asylum seekers and refused asylum seekers<br />

� Voluntary return<br />

� Managing NRPF cases – ensuing safeguarding, accountability and secure sharing of data<br />

and information<br />

� Impact of cuts in local authority funding on voluntary and community services <strong>to</strong> the NRPF<br />

client group<br />

Nick gave examples of successes in addressing the problems in this area of work, for example the<br />

Sojourner Project and the CRD. However despite the successes, the numbers of destitute people<br />

<strong>with</strong> NRPF has increased and there is a growing amount of work <strong>with</strong> children.<br />

The slides from this presentation are available on the following webpage:<br />

http://www.isling<strong>to</strong>n.gov.uk/community/equalitydiversity/refugees_migrants/nrpf_network/events.asp<br />

Jonathan Price – Policy and Communications Officer, NPRF<br />

Network<br />

In order <strong>to</strong> provide context, Jonathan Price presented the NRPF Network 2011 research report Social<br />

Services <strong>Support</strong> <strong>to</strong> <strong>People</strong> <strong>with</strong> <strong>No</strong> Recourse <strong>to</strong> Public Funds: A National Picture’. This report<br />

outlines issues and emerging trends in the area of local authority support <strong>to</strong> people <strong>with</strong> NRPF as<br />

well as providing data on the numbers and types of NRPF cases supported by local authorities<br />

across the UK.<br />

The research found that NRPF is an area of work that has evolved greatly since the first report was<br />

published by the NRPF Network in 2006. Fifty-one local authorities identified for inclusion in the<br />

research provided data. Costs in 2009/10 <strong>to</strong> local authorities in supporting approximately 6,500<br />

people <strong>with</strong> NRPF came <strong>to</strong> over £46.5m. Of these people, there were approximately 1,750 families<br />

<strong>with</strong> 3,000 dependent children. The report notes that there has not been a significant change in the<br />

numbers of people <strong>with</strong> NRPF supported by local authorities since the NRPF Network published its<br />

last report in 2008, but this is in spite of a number of developments, including the Case Resolution<br />

Direc<strong>to</strong>rate (CRD), a higher threshold <strong>to</strong> support for single adults post-M v Slough and the<br />

establishment of the Sojourner Project, all of which resulted in a reduction of local authoritysupported<br />

cases. This means that a new client group is emerging. This is predominantly families who<br />

NRPF Network/British Red Cross Conference Report June 2011 5


have overstayed their visas, have submitted an Article 8 ECHR application <strong>to</strong> the Home Office and<br />

are homeless. Case law has established that in such circumstances there is likely <strong>to</strong> be a duty on<br />

local authorities <strong>to</strong> support these families under Section 17 Children Act 1989 1 and this can go on for<br />

years whilst a decision is being made by the UKBA on their immigration claim.<br />

The report makes several recommendations <strong>to</strong> the UKBA, including: families who have overstayed<br />

their visa <strong>with</strong> outstanding Article 8 ECHR applications should be eligible for Section 4 Immigration<br />

and Asylum Act support from the UKBA. This would give the UKBA a greater incentive <strong>to</strong> make<br />

quicker and more timely decisions on these cases. The UKBA should make it official policy <strong>to</strong><br />

prioritise local authority-supported cases in the same way as cases who receive asylum support; and<br />

they must ensure an effective start-<strong>to</strong>-end process by funding voluntary returns and carrying out<br />

enforced removals where appropriate.<br />

<strong>Local</strong> authorities are advised <strong>to</strong> record, moni<strong>to</strong>r and review their NRPF cases. Policies and<br />

procedures <strong>with</strong>in local authorities should be developed <strong>to</strong> ensure statu<strong>to</strong>ry duties <strong>to</strong> people <strong>with</strong><br />

NRPF are met. A coordinated approach is needed across local authority departments and locality<br />

teams, and between local authorities and external organisations <strong>to</strong> facilitate the resolution of NRPF<br />

cases.<br />

The report ‘Social Services <strong>Support</strong> <strong>to</strong> <strong>People</strong> <strong>with</strong> <strong>No</strong> Recourse <strong>to</strong> Public Funds: A National Picture’<br />

can be accessed on the NPRF Network website:<br />

http://www.isling<strong>to</strong>n.gov.uk/DownloadableDocuments/CommunityandLiving/Pdf/equalitydocs/NRPF_<br />

national_picture_final.pdf<br />

The slides from this presentation are available on the following webpage:<br />

http://www.isling<strong>to</strong>n.gov.uk/community/equalitydiversity/refugees_migrants/nrpf_network/events.asp<br />

Hugo Tristram – Development Officer, Refugee Services, British<br />

Red Cross<br />

Hugo summarised the findings and recommendations from the 2010 British Red Cross Report ‘<strong>No</strong>t<br />

gone, but forgotten’. The report is based on a survey of 101 destitute refused asylum seekers. The<br />

report argues that there is an urgent need for a more humane asylum system in the UK.<br />

Specific ‘client groups’ identified in the report include: refused asylum seekers, new refugees<br />

(becoming destitute when support is <strong>with</strong>drawn after 28 days of a positive decision), those<br />

experiencing bureaucratic delay in accessing asylum support and other vulnerable migrants <strong>with</strong><br />

NRPF such as victims of trafficking or domestic violence. Impacts of destitution include poor physical<br />

health and malnutrition, homelessness and ‘sofa surfing’ (69%), vulnerability <strong>to</strong> abuse and severe<br />

anxiety from living in limbo.<br />

Hugo explained that Section 4 support is not sufficient for families and children (who comprised 24%<br />

of cases in the sample) because of the level of support provided and because it is administered in<br />

vouchers rather than cash.<br />

Hugo discussed the issue of destitution arising as a product of the asylum system and what local<br />

authorities and the voluntary sec<strong>to</strong>r can offer <strong>to</strong> people in this situation, particularly when legal aid is<br />

diminishing. He argued that a start-<strong>to</strong>-end asylum support process was needed, that asylum seekers<br />

1 Clue v Birmingham City <strong>Council</strong> [2010]<br />

NRPF Network/British Red Cross Conference Report June 2011 6


and failed asylum seekers should be permitted <strong>to</strong> work and entitled <strong>to</strong> free healthcare, until an<br />

applicant is removed or granted leave <strong>to</strong> remain.<br />

Hugo highlighted concerns for the future including the potential for a new backlog of unresolved<br />

asylum cases, a decrease in existing asylum support and the negative impact of government cuts <strong>to</strong><br />

local authorities and the voluntary sec<strong>to</strong>r.<br />

The report ‘<strong>No</strong>t gone, but forgotten’ can be accessed on the British Red Cross website:<br />

http://www.redcross.org.uk/Aboutus/News/2010/June/~/media/BritishRedCross/Documents/Archive/GeneralContent/N/Destitution%20r<br />

eport%20<strong>No</strong>t%20gone%20but%20forgotten.ashx.<br />

The slides from this presentation are available on the following webpage:<br />

http://www.isling<strong>to</strong>n.gov.uk/community/equalitydiversity/refugees_migrants/nrpf_network/events.asp<br />

Hugh Ind – Regional Direc<strong>to</strong>r, London and South East, UKBA<br />

Hugh’s presentation focused on: the importance of the UKBA working in partnership <strong>with</strong> other<br />

organisations <strong>to</strong> tackle this complex area of work and seek solutions; progress made by the UKBA in<br />

this area; and the future priorities of the UKBA.<br />

Hugh argued that resolution for NRPF individuals and families can only be made on a case-by-case<br />

basis, which requires communication between and <strong>with</strong>in organisations and agencies.<br />

Communication and information sharing between local authorities will also provide a coherent<br />

national picture which subsequently will ensure the NRPF profile is raised politically. Lack of<br />

feedback from local authorities for the recent NRPF Network report was a missed opportunity in this<br />

sense. This may partly be explained by the fact that the UKBA is more effective in engaging <strong>with</strong><br />

local authorities <strong>with</strong> regards <strong>to</strong> support for unaccompanied asylum-seeking children.<br />

The development of <strong>Local</strong> Immigration Teams (LITs) across the UK has given local authorities a<br />

point of contact in the UKBA and enabled the facilitation of discussion on local authority-supported<br />

cases. A relationship of cooperation <strong>with</strong> local authorities needs <strong>to</strong> be nurtured <strong>with</strong>in the LITs. An<br />

example of how LITs can help local authorities is by notifying local authorities of the immigration<br />

status of people subject <strong>to</strong> immigration control.<br />

Hugh noted that the UKBA works closely <strong>with</strong> local authorities on difficult issues such as the removal<br />

of former looked-after children. However, removals are often difficult <strong>to</strong> carry out when cooperation<br />

fails between the UKBA and the individual/family, or if legal barriers <strong>to</strong> removal are put in place.<br />

The UKBA foresees an increase in the number of family cases, in accordance <strong>with</strong> the NRPF<br />

Network report, so the future strategy of the UKBA needs <strong>to</strong> develop <strong>with</strong> this. Hugh noted that the<br />

UKBA recognises that the NRPF Network is vital.<br />

Sue Willman – Partner, Pierce Glynn Solici<strong>to</strong>rs<br />

Sue provided a summary of recent legal developments in regards <strong>to</strong> support <strong>to</strong> people <strong>with</strong> NRPF<br />

and support for migrants more generally.<br />

The end of the Worker registration scheme saw A8 nationals become equal <strong>to</strong> EEA nationals in<br />

terms of eligibility for mainstream benefits and access <strong>to</strong> the labour market. Prior <strong>to</strong> May 2011, 70%<br />

NRPF Network/British Red Cross Conference Report June 2011 7


of A8 applications for social security had been refused based on a decision of no right <strong>to</strong> reside,<br />

indicating a need for legal advice.<br />

Legal aid is proposed <strong>to</strong> be removed for social security and debt issues but retained for community<br />

care. It will available where a case involves housing issues and will be retained for asylum<br />

applications but not for most immigration cases. Sue explained that the gateway <strong>to</strong> community care<br />

law advice will be over the telephone in the future and outlined the limitations of such a system,<br />

including the difficulties in communication if there is a language barrier. Sue gave warning on the<br />

dangers of cutting legal aid; she predicts it <strong>to</strong> be a false economy, as social services will end up<br />

providing support when insufficient or incorrect legal advice is given in the first instance e.g. on<br />

housing, immigration and benefit issues. The issue of domestic violence and legal aid was<br />

highlighted – [SW note: this has since been overturned by effective campaigning and threat of legal<br />

action so domestic violence cases should still be eligible for legal aid] 2 .<br />

Sue summarised the Law Commission’s recommendations for the reform of social care. It is<br />

proposed that Section 21 of the National Assistance Act 1948 will be retained as a safety net for<br />

those <strong>with</strong> a need for care and attention that is not otherwise available <strong>to</strong> them. But Mental Health Act<br />

aftercare support is recommended <strong>to</strong> become a gateway provision rather than a stand-alone statute,<br />

which may have implications for the ways in which accommodation is provided and funded.<br />

Various significant case law judgements were highlighted. Case law and legislation regarding EEA<br />

nationals was also discussed. Key outcomes of the case law include:<br />

- the need <strong>to</strong> safeguard and promote the welfare of children including in decisions regarding<br />

removal (TS v Secretary of State for Home Dept and <strong>No</strong>rthamp<strong>to</strong>nshire CC)<br />

- the best interests of the child must be a primary consideration in making the proportionality<br />

assessment under Article 8 as <strong>to</strong> whether <strong>to</strong> return <strong>to</strong> country of origin, stressing nationality<br />

as a ‘particular importance’ (ZH (Tanzania) case, Supreme Court)<br />

- assistance from a local authority should not be refused if that would have the effect of<br />

requiring a person <strong>to</strong> leave the UK who has an outstanding Home Office application, except<br />

in hopeless or abusive cases (Birmingham v Clue)<br />

- in giving reasons for decisions on eligibility for support under Section 17 Children Act, oral<br />

disclosure is sufficient <strong>to</strong> inform a decision <strong>to</strong> return <strong>to</strong> country of origin (Glover v Haringey<br />

LBC)<br />

- the parent(s) of an EEA citizen child dependent will have a right <strong>to</strong> work and access benefits,<br />

if their dependant requires them <strong>to</strong> have these rights in order <strong>to</strong> enjoy their EU citizen rights<br />

(Gerardo Ruiz Zambrano v Office national de l’emploi)<br />

- EEA nationals lose worker status (and cannot claim income support) if not employed in the<br />

late stages of pregnancy (Sec of State for Work and Pensions v JS)<br />

- the right <strong>to</strong> reside will be lost if self-employment is given up Tilianu (Court of Appeal), but<br />

retained whilst seeking self-employment even if no work is found (Sec of State for Work and<br />

Pensions v AL)<br />

- the scope for care and attention of disabled adults is defined as a need for ‘looking after’,<br />

which is defined as “doing something for the person being cared for which he cannot or<br />

should not be expected <strong>to</strong> do for himself” (M v Slough). The threshold has been debated in<br />

court and the implications of the case discussed in regards <strong>to</strong> physical and mental health<br />

needs. Needing <strong>to</strong> be kept an eye on does not amount <strong>to</strong> being “looked after” (L v<br />

Westminster). However, this case is back in court (SL v Westminster) [S<strong>to</strong>p press: Judgment<br />

due in week of 8 th August 2011]<br />

2 Legal aid for DVR applications will NOT be cut as a result of recent policy changes<br />

NRPF Network/British Red Cross Conference Report June 2011 8


- the Supreme Court decided that an asylum seeker <strong>with</strong> outstanding representations for 12<br />

months or over has a right <strong>to</strong> work under the EU Reception Directive (ZO (Somalia)).<br />

However the UKBA limits this right <strong>to</strong> ‘shortage’ occupations.<br />

- the decision <strong>to</strong> restrict eligibility for adult care services <strong>to</strong> critical needs only (under Fair<br />

Access <strong>to</strong> Care criteria) was unlawful because no due regard for disability equality duty or<br />

assessment of likely adverse impact on those <strong>with</strong> substantial needs (R (W) v Birmingham<br />

CC))<br />

- a cut <strong>to</strong> the Roma <strong>Support</strong> Group and other voluntary organisations was unlawful – the<br />

equality due regard requirement is higher where vulnerable people are involved (Harjula v<br />

London <strong>Council</strong>s).<br />

Sue argued that the UKBA decision <strong>to</strong> slightly increase the subsistence support given under Section<br />

95 was welcome but this increase was not applied <strong>to</strong> Section 4 support. Sue referred <strong>to</strong> the Asylum<br />

<strong>Support</strong> Appeals Project (ASAP) report ‘<strong>No</strong> credibility: UKBA decision making in Section 4 support’,<br />

highlighting that the UKBA often fails <strong>to</strong> take in<strong>to</strong> account all evidence surrounding a case and thus<br />

poor decision making occurs which has the potential impact of leading <strong>to</strong> destitution. The report<br />

found that 82% of decisions on support applications were overturned on appeal.<br />

<strong>Local</strong> authorities can benefit from ensuring their staff are kept up <strong>to</strong> date about welfare provision and<br />

are ready <strong>to</strong> provide information <strong>to</strong> support applications for mainstream housing and benefit e.g. when<br />

entitlement <strong>to</strong> Section 21 support may change after grant of leave <strong>to</strong> remain.<br />

The slides from this presentation are available on the following webpage:<br />

http://www.isling<strong>to</strong>n.gov.uk/community/equalitydiversity/refugees_migrants/nrpf_network/events.asp<br />

Chris Spencer – Chair of ADCS/ADASS Asylum Taskforce<br />

Chris Spencer's talk focused on the work of the newly created Independent Family Returns Panel<br />

(IFRP). The Panel consists of four independent safeguarding experts, a specialist GP and<br />

representatives from the Department for Education (DfE) and UKBA. The purpose of the Panel is <strong>to</strong><br />

advise UKBA on the safe return of families <strong>to</strong> their country of origin when they have reached the all<br />

appeal rights-exhausted (ARE) stage and have therefore no rights <strong>to</strong> remain in the UK. Chris was<br />

clear about the Panel being independent of the UKBA and the role they were already playing in<br />

helping <strong>to</strong> change some of the practices <strong>with</strong>in the agency, thus creating more family-friendly<br />

approaches which means that the final 72 hours that a family spends in the UK is as humane as<br />

possible.<br />

An outline of the new four stage process was presented <strong>to</strong> the audience. The UKBA are looking<br />

closely at decision making processes in relation <strong>to</strong> ARE families as the first stage of the new process.<br />

Next families are offered assistance – the "Assisted Return" stage – including money <strong>to</strong> help resettle<br />

if they determine <strong>to</strong> make their own way home voluntarily. This assisted voluntary return is offered <strong>to</strong><br />

families on several occasions during the new process. If families refuse <strong>to</strong> go voluntarily then they<br />

progress <strong>to</strong> the next stage where they are served <strong>with</strong> ‘Self Check-in Removal Directions’ (SCIRDs)<br />

and they are expected <strong>to</strong> make their own way <strong>to</strong> a pre-determined airport at a particular date and<br />

catch a flight home. This "required" removal stage as it is called often does not work due <strong>to</strong> the<br />

family's non-compliance. SCIRDs are often issued on more than one occasion. Finally, an "Ensured<br />

Return" stage is entered as a last resort. This is where a family is arrested and can be held at the<br />

Pre-Departure Accommodation facility currently being prepared at Pease Pottage near Gatwick<br />

Airport or removed via another method. At this stage the UKBA regional teams have <strong>to</strong> create a plan<br />

for removal which the IFRP have <strong>to</strong> scrutinise and approve. The Panel does not have the power <strong>to</strong><br />

NRPF Network/British Red Cross Conference Report June 2011 9


s<strong>to</strong>p the removal of families but it does have the power <strong>to</strong> make recommendations which would better<br />

serve the well-being and safety of the children involved in the removal process. In the event of a<br />

disagreement between the Panel the UKBA the decision is referred <strong>to</strong> the Minister for a final<br />

decision.<br />

Chris Spencer described some of the changes in practice which had already taken place <strong>with</strong>in the<br />

agency as a consequence of the Panel's input. For example, the engagement of the children and<br />

young people themselves in the process which can be a <strong>to</strong>tally disruptive experience for them if they<br />

have not been properly prepared for the event. UKBA have already begun <strong>to</strong> train specialist<br />

casework officers <strong>to</strong> deal more effectively <strong>with</strong> families by creating a positive relationship <strong>with</strong> them<br />

through more consistent contact. Chris felt it is a good thing that the UKBA have opened themselves<br />

up <strong>to</strong> independent scrutiny in this way so that they can learn from independent experts in the field of<br />

safeguarding. Chris also mentioned that the welfare services at the Pre-Departure Accommodation<br />

were being provided by the Barnado’s group who again will be offering their expert advice in how <strong>to</strong><br />

prepare families for removal. The PDA facility will be available in August and will be the final part of<br />

the new process <strong>to</strong> be in place.<br />

The new process had not come in<strong>to</strong> effect until March of this year and up <strong>to</strong> the point of the<br />

presentation just two families had been removed via the new process. This number is expected <strong>to</strong><br />

grow when the PDA goes live in August.<br />

Questions and Answers<br />

Following the presentations, delegates were invited <strong>to</strong> ask questions relating <strong>to</strong> the issues raised.<br />

One delegate commented that they were aware of Libyan students in the UK that are becoming<br />

homeless because the UK government froze the Libyan government’s assets, from which student<br />

grants were given. Hugh explained that the UKBA had had some success in unfreezing assets for<br />

Libyan students in the UK and were continuing <strong>to</strong> work <strong>to</strong> unfreeze these assets<br />

One delegate raised the issue of clients being unable <strong>to</strong> pay for fees for Article 8 Human Rights<br />

applications. A legal representative explained that a waver of this fee should be available <strong>to</strong> people<br />

<strong>with</strong> NRPF but in practice this may be difficult <strong>to</strong> obtain. 3<br />

One delegate raised the issue of the lack of UKBA activity when an application for leave <strong>to</strong> remain is<br />

refused, leaving individuals and families in limbo. Hugh advised that LITs should be consulted <strong>to</strong><br />

attain information on the stage of return for an individual or family.<br />

Two questions arose regarding support available <strong>to</strong> post-18 former UASCs leaving care following the<br />

test case SO v Barking and Dagenham. Sue explained that Section 4 Immigration and Asylum Act<br />

support cannot be considered by local authorities as ‘otherwise available’ and it falls on the local<br />

authorities <strong>to</strong> provide support under the Leaving Care Provisions. Jonathan explained that Leaving<br />

Care Provisions are excluded by Schedule 3 NIAA and if post-18 former UASCs fall in<strong>to</strong> one of the<br />

excluded categories, a Human Rights Assessment must be carried out <strong>to</strong> determine whether support<br />

should be provided.<br />

One delegate raised the issue of inconsistencies of practice in the <strong>No</strong>rth West of England. Jonathan<br />

explained that often expertise on NRPF is centred in a local authority that provides advice and<br />

3 Fee waivers for immigration applications are only available <strong>to</strong> destitute people applying for ILR under the<br />

Domestic Violence Rule<br />

NRPF Network/British Red Cross Conference Report June 2011 10


support regarding NRPF <strong>to</strong> surrounding local authorities. He explained that the NRPF Network is<br />

committed <strong>to</strong> developing regional networks <strong>to</strong> enable the capacity building of local authorities.<br />

Workshops<br />

Four workshops were held during the second half of the conference, aiming <strong>to</strong> explore practical<br />

solutions <strong>to</strong> current NRPF issues.<br />

Adam Weiss, The AIRE Centre (Advice on Individual Rights in<br />

Europe) – A8 Nationals and the End of the Interim<br />

Arrangements<br />

This workshop gave an overview of the legislation and case law that applies <strong>to</strong> A8 and A2 nationals’<br />

access <strong>to</strong> benefits and social services, in light of the end of the transitional arrangements for A8<br />

nationals, which <strong>to</strong>ok place on 1 May 2011. The challenges still faced by A8 nationals and A2<br />

nationals were discussed and the ways <strong>to</strong> find solutions were explored.<br />

There are discrepancies between EU and UK law which cause difficulties in accessing support for<br />

EEA nationals but Adam stressed the importance <strong>to</strong> think creatively <strong>to</strong> provide a solution <strong>to</strong> A8/A2<br />

nationals facing destitution. Indeed Adam argued there is almost always something that they can do<br />

<strong>to</strong> demonstrate eligibility for support or advice given <strong>to</strong> clients <strong>to</strong> do something <strong>to</strong> make themselves<br />

eligible. This includes exercising EU Treaty rights such as looking for work, working or selfemployment,<br />

or demonstrating that they retain worker or self-employed status, showing permanent<br />

residence, showing they are a ‘family member’, showing they are ‘the primary carer of the child-ineducation<br />

of a worker’ or claiming that they are a victim of human trafficking. Where it appears that<br />

help will not be available, the AIRE Centre can provide assistance and legal advice.<br />

A number of case studies were looked at <strong>to</strong> highlight the complexities of EEA cases and how<br />

eligibility for support can be recognised or established. The issue of when an EEA national becomes<br />

a ‘worker’ or ‘jobseeker’ post-involuntary unemployment was discussed, and attention <strong>to</strong> the best<br />

interests of a child that has been trafficked was highlighted.<br />

The slides from this presentation are available on the following webpage:<br />

http://www.isling<strong>to</strong>n.gov.uk/community/equalitydiversity/refugees_migrants/nrpf_network/events.asp<br />

Jo Clarke, Eaves Housing – Sojourner Project and support <strong>to</strong><br />

victims of domestic violence<br />

This workshop covered the implications of the NRPF condition for victims of domestic violence and<br />

the support that is provided by the Sojourner Project. The Sojourner Project offers support and<br />

accommodation <strong>to</strong> people <strong>with</strong> NRPF who entered the UK on a spousal or partner visa and who are<br />

eligible <strong>to</strong> apply for Indefinite Leave <strong>to</strong> Remain (ILR) under the Domestic Violence Rule. The effects<br />

of domestic violence were discussed including fear of removal if the police are contacted, the stigma<br />

and vulnerability in leaving a marriage, and isolation as a result of language barriers and/or lack of<br />

knowledge of where and how <strong>to</strong> access support.<br />

NRPF Network/British Red Cross Conference Report June 2011 11


Eligibility for funding from the Sojourner Project is restricted. Some groups fall out of the Sojourner<br />

remit, including failed asylum seekers and those on student visas. About 50% of applicants are<br />

ineligible; the project has had approximately 2000 referrals and of those around 890 have received<br />

the service, including men (from 30/11/09 – 15/06/11).<br />

Information sharing between local authorities and the voluntary sec<strong>to</strong>r was identified as an issue<br />

during the workshop. There needs <strong>to</strong> be greater awareness-raising <strong>with</strong> local authorities and<br />

voluntary sec<strong>to</strong>r organisations regarding the Sojourner Project, regarding who is eligible for support<br />

and how <strong>to</strong> apply for support from the service and how this interacts <strong>with</strong> eligibility for local authority<br />

support.<br />

Benefits of the project identified during the workshop included: reduced local authority costs and a<br />

quicker response <strong>to</strong> Domestic Violence Rule applications. It was recommended that organisations<br />

collect data on domestic violence cases they come in<strong>to</strong> contact <strong>with</strong> but are not eligible for Sojourner<br />

funding, in order <strong>to</strong> help develop appropriate policies and procedures.<br />

When the Sojourner Project ends in 2012 and is replaced <strong>with</strong> limited access <strong>to</strong> public funds for<br />

victims of domestic violence in this group, careful planning will need <strong>to</strong> take place <strong>to</strong> ensure local<br />

authority support is received instantly upon fleeing abusive situations.<br />

NB. The length of funding under the Sojourner Project is 50 working days, not 40 as stated on the<br />

information pack and Eaves Housing website. A person is entitled <strong>to</strong> 30 working days of<br />

accommodation and support <strong>to</strong> enable them <strong>to</strong> submit a Domestic Violence Rule application and 20<br />

working days post-submission.<br />

Henry St Clair Miller, NRPF Network/Isling<strong>to</strong>n <strong>Council</strong> – NRPF<br />

Connect<br />

This workshop provided an overview of the NRPF Network’s project <strong>to</strong> deliver a national database for<br />

NRPF cases. The work is funded by the NRPF Network and the UKBA. A steering group <strong>with</strong> local<br />

authority and UKBA representation is in place <strong>to</strong> inform system development. The database will be<br />

operational amongst the local authorities involved in the pilot by February 2012 <strong>with</strong> national-roll out<br />

<strong>to</strong> follow.<br />

The limitations of not having a centralised database have been known for many years. Better<br />

partnership work between the UKBA and local authorities is needed in order <strong>to</strong> identify and resolve<br />

cases more effectively. Secure data exchange will facilitate this working partnership and help moni<strong>to</strong>r<br />

outcomes.<br />

The workshop began by canvassing opinion on what people thought the ‘pros’ and ‘cons’ of a<br />

database for NRPF cases might be, participants were asked <strong>to</strong> provide one ‘positive’ and one<br />

‘negative’ comment each.<br />

In terms of the negatives, it was felt that people’s right <strong>to</strong> private life would be breached in relation <strong>to</strong><br />

privacy and data protection; it was raised that information held ‘would only be as good as the<br />

commitment of the people who input the data’; maintenance, ownership and costs were also raised<br />

as concerns.<br />

In terms of the positives, comments included ‘creating a common language and understanding’,<br />

transparency, ‘keeping people individual cases ‘alive’ and moving on’ and improved communication<br />

between organisations leading <strong>to</strong> ‘resolution of status’. From a strategic point of view, providing<br />

NRPF Network/British Red Cross Conference Report June 2011 12


‘consistency in recording data’ would build a stronger understanding of the issues and would help<br />

resources <strong>to</strong> be targeted.<br />

Tackling these complex areas of concern is integral <strong>to</strong> the successful implementation of NRPF<br />

Connect. The workshop went on <strong>to</strong> address current Network activities in delivering the database<br />

before asking participants <strong>to</strong> think about what the benefits might be for their organisation and <strong>to</strong><br />

provide suggestions as <strong>to</strong> how possible problems could be best addressed. One of the resonating<br />

issues that arose was that NRPF is not always about cases supported by local authorities under<br />

children or community care legislation, therefore the database should cater for other areas of service<br />

provision, such as people on hospital wards.<br />

The slides from this presentation are available on the following webpage:<br />

http://www.isling<strong>to</strong>n.gov.uk/community/equalitydiversity/refugees_migrants/nrpf_network/events.asp<br />

Anca Andreopoulos, Refugee Action – Assisted Voluntary<br />

Return (AVR) Programmes<br />

This workshop covered the Assisted Voluntary Returns Programmes which has been delivered by<br />

Refugee Action since April 2011. Refugee Action has 30 years of expertise in advising, informing and<br />

assisting individuals on their return <strong>to</strong> country of origin. The programme is named Choices <strong>to</strong> reflect<br />

the client-centred non-directive approach.<br />

Anca explained what AVR is, how the service is delivered, who is eligible and who cannot apply, and<br />

gave a breakdown of the three programmes. She explained what Refugee Action London cannot<br />

offer (for example, legal advice) and gave contact details for accessing the service. The benefits of a<br />

voluntary return as opposed <strong>to</strong> a forced removal were explored, including the difference in choice of<br />

when and where <strong>to</strong> return, the nature of the return in terms of security (no security guards, no<br />

handcuffs), the planning of the return and reintegration support.<br />

Since April 2011, 350 cases have been approved for the AVR programmes, <strong>with</strong> each application<br />

taking around one month <strong>to</strong> process.<br />

Discussions centred on the requirement for individuals <strong>to</strong> voluntarily return and the importance of<br />

outreach work in informing individuals of the programmes and offering advice for those deciding <strong>to</strong><br />

return. The value of partner organisations in the reintegration and rebuilding of lives in countries of<br />

origins was discussed. Several in-country partner organisations have already been identified and<br />

Refugee Action is working <strong>to</strong> increase links overseas <strong>to</strong> build reintegration and moni<strong>to</strong>ring<br />

frameworks.<br />

Problems accessing Section 4 support whilst awaiting voluntary return was highlighted as an issue.<br />

Another problem that was highlighted was the need for individuals <strong>to</strong> pay for medication in the<br />

country of return themselves and then claim the expenses back. Furthermore, not all receipts are<br />

accepted – this has been identified by Refugee Action as a problem but receipt criteria are set by the<br />

Returns Fund. Terminal illness cases were discussed regarding the time taken in processing these<br />

cases, however the nature of the process is such that a waiting period is inevitable <strong>to</strong> enable the<br />

gathering of travel documentation and liaison <strong>with</strong> embassies. Refugee Action prioritises all medical<br />

cases.<br />

The slides from this presentation are available on the following webpage:<br />

http://www.isling<strong>to</strong>n.gov.uk/community/equalitydiversity/refugees_migrants/nrpf_network/events.asp<br />

NRPF Network/British Red Cross Conference Report June 2011 13


Participant Feedback<br />

Feedback on the conference was very positive. Many delegates considered it an excellent opportunity<br />

for sharing expertise and networking. 85% of delegates said that the conference had met their<br />

expectations and the remaining 15% said that the conference had partly met their expectations.<br />

Delegates found both the panel presentations and workshops <strong>to</strong> be useful. Some participants<br />

however would have liked the issues <strong>to</strong> have been covered in more detail and for similar conferences<br />

<strong>to</strong> be held more frequently.<br />

NRPF Network/British Red Cross Conference Report June 2011 14


Copyright © NRPF Network 12 th August 2011. All rights reserved.<br />

For further information please contact: nrpf@isling<strong>to</strong>n.gov.uk<br />

or tel. 020 7527 7107<br />

NRPF Network c/o Equalities, Refugee and Migrant Service<br />

Isling<strong>to</strong>n Town Hall, Upper Street, London N1 2UD<br />

www.isling<strong>to</strong>n.gov.uk/nrpfnetwork

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