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Reviews and Ending Support
Local authorities play an important role in alleviating destitution by providing vulnerable adults and children who have insecure immigration status with support when social services’ duties are engaged. Once support is provided, it is important that appropriate interventions take place to help the person or family to resolve their immigration status, for example, obtaining a form of leave to remain that enables them to access mainstream benefits and housing services.
This chapter sets out what a local authority may need to do to help a person or family who is supported by social services and has no recourse to public funds (NRPF). It sets out good practice steps to follow when reviewing support arrangements and when support needs to be withdrawn.
Key points
- When support is provided to an adult or family, it is important that regular reviews are undertaken to identify any change of circumstances which might affect their eligibility for continued support; the person should be advised from the outset on what basis support has been provided, and how this might change.
- Proactive steps should be taken to help the person or family resolve their situation of destitution and need for social services’ support. By finding a sustainable solution to prevent an ongoing or future need for social services’ support, the local authority will be acting in the best interests of a child and promoting a vulnerable adult’s wellbeing, as well as reducing costs incurred by the local authority.
- A decision to withdraw support may only be made following an assessment that finds the person or family not to be in need of assistance because they are either no longer eligible under the relevant social care legislation, or they are in an excluded group under Schedule 3 of the Nationality, Immigration and Asylum Act 2002 and the local authority, through conducting a human rights assessment, has concluded that they are able to return to their country of origin to prevent a human rights breach arising from their situation of destitution in the UK.
- When support is withdrawn, a reasonable notice period should be provided along with assistance in accessing alternative support arrangements, where this is appropriate, such as help with applications for social security benefits or local authority housing.
12.1 Reviews
When support is provided, it is important that regular reviews are undertaken to identify any change of circumstances which might affect eligibility, and to ensure that proactive steps are taken to help the person or family establish a pathway out of dependency on social services’ support. By doing this the local authority will be acting in the best interests of a child or promoting a vulnerable adult’s wellbeing, as well as reducing overall support costs.
According to UK data on no recourse to public funds (NRPF) service provision, the average time an NRPF household is supported for is just under 1.5 years, and for adults with care needs, the average period of support is 2.5 years.
Additionally, in 2021-22, the majority of families (83%) and adults (60%) exited social services’ support following a grant of leave to remain or change in conditions granting recourse to public fund. This demonstrates that, for the majority of people with NRPF, their need for accommodation and financial support to be provided by social services will reduce when they secure a change in immigration status. This can only be achieved more expediently when the local authority works in partnership with local legal advice providers and the Home Office. 112
The review checklist provides a summary of issues that need to be considered when a case is being reviewed.
For more information, see:
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112 NRPF Network data from 72 local authorities, NRPF Connect annual report 2021-22
12.2 Ending Support
A decision to withdraw support may only be made following an assessment that finds the person or family not to be in need of assistance because they are either no longer eligible under social care legislation or they are able to return to their country of origin to prevent a human rights breach arising from being destitute in the UK.
It is good practice for conversations to have already taken place to prepare the person or family for such an outcome and what their options will be, particularly if they are in a group excluded under Schedule 3 of the Nationality, Immigration & Asylum Act 2002 and are being supported to prevent a breach of human rights, as the basis upon which they are provided with support could regularly change.
Any decision to end support should be confirmed in writing, setting out the reason for ending support, and other organisations assisting the family should also be informed of the decision, subject to the person’s consent.
12.3 Transfer to Mainstream Benefits
When support is terminated because there has been a change of circumstances that means that a person can now claim benefits and homelessness assistance, they will need to be given a notice period and help with making these claims. Steps should be taken to avoid any interruption to any care or support package an adult or family with NRPF may be receiving.
Social services staff should aim to establish good partnerships with their local housing authority and those in any other areas where they might provide NRPF households with temporary accommodation. Flexibility regarding the notice period may be required to allow for support to continue if there are delays in benefits being issued, or if it appears that the housing authority can prevent homelessness by enabling the family to remain in their current home or by securing a private tenancy for them, and a short extension of the notice period would enable this to take place. 113
Local authorities also need to consider what information they may need to provide to people exiting support in order to prevent future requests for housing and financial assistance. A person may re-present, for example, if they fail to apply to extend their leave to remain because they could not afford the application fee, or if they are granted leave to remain with the NRPF condition imposed, and as a consequence lose access to benefits and become at risk of homelessness.
Good practice example
Example of an information leaflet provided by a local authority to a person granted leave tor remain with recourse on the 10-year settlement route when their support ends.
You are advised to:
- Seek advice from an immigration adviser in good time before you need to apply to the Home Office to extend your leave.
- Find out how much the application will cost to make (note that fees usually increase every April) and consider how you will save up for this.
- Ensure that your immigration adviser includes submissions about your financial circumstances when you apply to extend their leave if you still need to have recourse to public funds.
- Seek advice immediately from benefits, housing or immigration advisers, as required, if you are granted leave to remain with NRPF and this causes any benefits you are receiving to stop and you start accruing rent arrears.
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113 Under Section 32 of the Housing (Scotland) Act 1987, the local authority has a duty to take steps to prevent homelessness when a person is threatened with homelessness within two months.
12.4 Return to Country of Origin
When the provision of accommodation and financial support is refused following a human rights assessment concluding that the person or family can return to their country of origin, then assistance with return must be offered. This could be provided by the Home Office or the local authority.
It will normally be appropriate for the local authority to provide accommodation and financial support to a person or family whilst return is being arranged. In the English High Court case of R (O) v London Borough of Lambeth (2016), the Judge found that the local authority had made ‘sensible, humane and appropriate undertakings’ in agreeing to provide interim accommodation for a reasonable period pending the return on the condition that the parent signs a formal undertaking in which she accepts that she and her child can be returned to Nigeria and takes steps to co-operate with the local authority in arranging a facilitated return. 114
When the local authority has lawfully determined, following a human rights assessment, that a person or family can freely return to their country of origin, the courts in England have found that any hardship or degradation suffered if the person does not do this will be a result of the person’s decision to stay in the country and not as a result of any breach of human rights by the local authority. 115
It is good practice for the local authority to involve the person in the assessment process and to be clear from the outset on what basis support could be refuse or withdrawn, with staff undertaking a sensitive approach to such conversations. If a decision is reached that will result in the refusal of support, this should be communicated in person, with an interpreter if necessary. Information about any notice period (where interim support is being provided) and their options will also need to be provided. These may include voluntary return, a referral to the Home Office for asylum support, and information about any sanctions that may apply to the person if they stay in the UK without leave.
If the person indicates that they will not be taking up a voluntary return, it is good practice to make appropriate referrals to local third sector organisations working to prevent migrant destitution and provide the person with information about their emergency options should they stay in the area, including details of immigration advisers, local charities, night shelters etc.
For more information, see:
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114 O, R (on the application of) v London Borough of Lambeth [2016] EWHC 937 (Admin), paragraph 52.
115 AW, R (on the application of) v London Borough of Croydon [2005] EWHC 2950 (Admin),paragraph 35
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