1.1 How to Use this Guidance

This guidance sets out the current legal framework and good practice to assist local authorities in meeting their statutory duties and delivering an effective social work response when working with people who have ‘no recourse to public funds’ (NRPF).

Local authorities also have wider responsibilities to support the integration of migrants and asylum seekers and to promote good relations within their communities. They are expected to act to reduce poverty, homelessness and discrimination experienced by anyone living in their local areas. The guidance therefore seeks to provide additional advice on responses that may be needed in circumstances where migrants are at risk of destitution and homelessness.

It highlights specific considerations for working with children and young people, adults with disabilities, and survivors of trafficking or domestic abuse, that may require a targeted response. The guidance will be regularly reviewed, with a view to updating it to incorporate any significant changes in policy and legislation.

This guidance intends to:

• Provide general guidance about the issues a local authority officer or social work practitioner, including those working in Housing, Welfare Rights and Health and Social Care Partnerships, would need to consider when working with migrant individuals and families in Scotland.
• Provide information for frontline professionals working, not only in statutory authorities, but also in the third sector, who need to establish a migrant individual or family’s support options and entitlement to services.
• Supplement any statutory guidance that must be followed by social workers and other professionals, for example, when assessing a child’s needs.
• Provide examples of good practice in responding to the needs of destitute and homeless migrant individuals and families with no recourse to public funds (NRPF).

1.2 Local Authority NRPFD

In meeting the ambitions in the joint COSLA-Scottish Government ‘Ending Destitution Together’ Strategy, in January 2022 COSLA issued an annual survey for local authorities to better understand the scale and complexity of NRPF issues in Scotland. This survey was designed in partnership with the Centre for Migration, Policy, and Society (COMPAS) at the University of Oxford.

The full publication can be accessed on the COSLA website here and relates to case referrals and support provided to people with NRPF in 2020/21 and 2021/22.

COSLA will continue to issue annual NRPF surveys to local authorities to better understand the scope and scale of support needs and costs of assistance delivered as part of statutory safeguarding duties. Local authorities are encouraged to provide a response in order to help COSLA build an evidence base of the scale and costs of NRPF issues in Scotland. Local authorities can contact COSLA for further information on the above.

1.3 Acknowledgements

This guidance was written and produced in 2019 by the No Recourse to Public Funds (NRPF) Network (Catherine Houlcroft) and JustRight Scotland (Jen Ang). It was further updated in 2023 by JustRight Scotland (Jen Ang).

The guidance was originally supported by a Steering Group, which was attended by the following representative agencies and members: COSLA (Eloise Nutbrown, Andrew Morrison, Ania Tajsiak); Scottish Government (Nathalie Ledger, Jackie Walder, Aileen Harding); Edinburgh City Council (Sean Bell, Alistair Dinnie); Glasgow City Council (Susanne Millar, Margaret Ball); Inverclyde Council (Jim Laird); British Red Cross (Jillian McBride, Phil Arnold); Scottish Refugee Council (Esther Muchena).

The Steering Group would like to acknowledge the input and contribution of members of the No Recourse to Public Funds Network in Scotland, Shelter Scotland (Fiona MacPhail & Chris Ryan); NHS Health Scotland (Emma Doyle); ALACHO (Tony Cain); Colin Turbett; Scottish Women’s Aid (Jo Ozga) and colleagues within COSLA and the Scottish Government.

The 2023 guidance update was coordinated by COSLA (Cristina Pecheanu) and JustRight Scotland (Jen Ang). As part of this process, COSLA and JustRight Scotland consulted on the guidance update with a wide range of stakeholders. We would like to acknowledge the input and contribution of members of the NRPF Scotland Network and other local authority contacts, as well as colleagues from Aberlour, British Red Cross, Child Poverty Action Group (CPAG), Citizens’ Rights Project, International Organization for Migration (IOM), the No Recourse North East Partnership, the UK NRPF Network, Public Health Scotland, Scottish Refugee Council, Settled, Shelter Scotland, Simon Community Scotland, SOHTIS, and colleagues within COSLA, the Improvement Service and the Scottish Government.

1.4 Disclaimer

This guidance does not constitute legal advice. It is intended to support local authorities in Scotland by setting out key factors and considerations when making decisions about service provision for migrants. It has a particular focus on supporting people with no recourse to public funds. The guidance does not attempt to provide an exhaustive statement of the relevant law, nor is it a substitute for legal advice either generally or in relation to individual cases. Local authorities will need to seek their own legal advice where relevant and consider independently how best to use the guidance.

Please note that the information in this guidance was correct at the date of publishing but is liable to change.

1.5 Terms of Use

Any person or organisation wishing to reproduce any section of this guidance must contact COSLA to request permission.