5.6.1 Families with No Recourse to Public Funds

Who are these people?

These people may be (this list is by no means exhaustive and is only an example of the categories of people who present to social care as destitute and have no recourse to public funds): 

1. People with refugee status from another European Economic Area (EEA) country other than the UK, or, are dependent's 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 dependent's of people who are citizens of an EEA country other than the UK.
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 that they have no recourse to public funds. For example, people who are spouses and unmarried partners of persons with British citizenship or indefinite leave to remain, who have been granted a two year probationary period on condition of no recourse to public funds.
6. People who have been granted discretionary 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. 

Role of the Local Authority

Lewisham 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.

Under Section 54 of the Nationality, Immigration and Asylum Act 2002, families who fall under categories a. to d. are not eligible for support from social care under Sections 17, 23C , 24A or 24B of the Children Act 1989.  They are also not eligible for:

• Support  or assistance under Section 21 and Section 29 of the National Assistance Act 1948;
• Support for the elderly under Section 45 of the Health Services and Public Health Act 1968;
• Section 21 of and Schedule 8 to the National Health Service Act 1977;
• Accommodation under Homelessness legislation;
• Promotion of well-being under Section 2 of the Local Government Act 2000.

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 people in category a. and b. with dependent's under 18 years  to leave the UK.
• Temporary accommodation to people in category a. and b. with dependent's under 18 years awaiting the implementation of their travel arrangements.
• Temporary accommodation to people in category d. with dependent's under 18 who are awaiting instructions for removal.

However, Lewisham social care still has the following duties toward all children, young people and families regardless of their status:

• Under the Children Act 1989, 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;
• 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 using Section 17 and Section 20 of the Children Act 1989;
• Under Section 47 of the National Health Service and Community Care Act 1990, to carry out an assessment of an adult for community care services where it appears that the individual may be in need of such services , due to their age, illness or mental health issues.

Lewisham social care should also be aware of recent legislative and administrative changes for asylum seekers and failed asylum seekers which will have an impact on their work.  This is outlined below.

Asylum seekers and the UK Border Agency (formerly the National Asylum Support Service)

All asylum seeking applicants newly arrived in the UK after the 3rd April 2000 are supported and accommodated by the UKBA ,part of the Home Office. Please note that this support is only available for asylum seekers (i.e. people who have a claim pending under Article 3 of the Human Rights Act) and not other types of people with no recourse to public funds.

Failed asylum seekers and section 9 of the Asylum and Immigration Act 2004

Introduction

For people presenting with children for whom they say they are the primary care givers or relations or friends, Social Workers should be aware that these children are essentially 'separated' children, i.e. children who are outside their country of origin without the care and protection of their Parents or legal guardian.  Social Workers should work with these children with a view to ensuring  their safety and welfare.  The following procedures will guide this work:

Child Trafficking Guidance

London Child Protection Procedures Supplementary Procedures Section 7: Trafficked and Exploited Children

What is involved when deciding to assess?

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

• Self-referral without an appointment;
• Self-referral or referral by an external agency, by appointment;
• Letter from solicitor threatening legal action.

Because of the 'no recourse' status of the applicant, Social Workers will also have to check the following alongside the Child in Need assessment:

1. Key documents
2. Local Connection
3. Immigration status
4. Destitution

1. The applicant  must have sufficient identification although this may not be possible if, for example, the person is fleeing domestic violence. In such cases evidence should be established at a later date via the assistance of a solicitor or the police.
2. If potential clients do not bring the necessary documentation on first presentation, the assessment can still go ahead but 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 the client needs an interpreter, arrangements should be made with the interpreter to inform the client of the documentation required. The documentation checklist in Appendix B can be used for such purposes.
4. Applicants 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 like return airtickets; Home Officer papers (Application Registration Card (ARC), application letters or refusal letters) and solicitors' letters; and If available, bank account statements (most recent 3 months).

5. All identification documents supplied must be original documents.
6. If the applicant or any dependent's 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

1. It is important to establish where the person has a local connection as it may be another local authority, not Lewisham, which has responsibility for this person.
2. Local connection criteria need not always apply.  For example, if the person is at risk of violence if they return to the local authority where they have a local connection. Similarly, if there is evidence to suggest that there is a health or child care concern, Lewisham may have a duty of care even if the client has a local connection in another local authority.
3. It should be stressed to all clients that  Social Workers will follow up on the contact details given by clients to make enquiries into local connection.
4. If it is established that the person has a local connection with another local authority but not Lewisham, Social Workers should refer the person to that local authority.

Lewisham Social Care  have nominated  staff on the Home Office LA COMMS list. This mean that the nominated persons will be able to contact the:

1. Home Office to check if the client has a 'live' asylum application, been refused asylum, or has some other application pending.
2. Social Workers should have the documentation outlined in Key Documentation to establish the status and identity of the applicant and his/her dependent's and this should be cross-referenced with the Home Office as fully as possible.
3. Social Workers need to tell overstayers they have a duty to inform the Home Office as they have approached the local authority for assistance.

1. It is important to build up a clear picture of the client'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. Workers must consider if the information given by the client 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 the client's case file) otherwise we will be open to legal challenge.

Completion of assessment

The No Recourse to Public Funds Panel

Review Panel Response

• Yes - Accept client's application for support or agreeing to continue support
• No - reject client's application for support or terminating existing support
• Decision deferred pending the presentation of documents or further evidence

Terminating support

Arranging and administering support