Social services’ support – exclusion

Social services’ support – exclusion

UK immigration laws exclude certain migrants and their families from being provided with accommodation and financial assistance by social services, unless refusing to provide support would result in a breach of human rights.

This chapter explains which families, adults or young people leaving care may only be able to receive accommodation and financial support from social services where this is necessary to prevent a breach of their human rights.

Later chapters set out specific steps that must be taken when assessing eligibility for providing social services’ support for children, adults with disabilities and other vulnerable groups.

Key points

  • Assistance provided by social services is not a public fund for immigration purposes and cannot be automatically refused to a person solely on that basis.
  • However, the provision of accommodation and financial support is subject to the ‘Schedule 3’ exclusion, which means that such assistance can only be provided to certain people when this is necessary to prevent a breach of human rights.
  • The Schedule 3 exclusion applies to adults, young people leaving care (age 18+), and families where the person or parent is a European Economic Area (EEA) national or non-EEA national who is without leave in the UK.
  • When the exclusion applies to a person or family, the local authority would need to undertake a human rights assessment to consider whether there are any legal or practical barriers preventing the person or family from returning to their country of origin to avoid a situation of destitution in the UK.
  • For adults in need, the exclusion also applies to the provision of community care services.