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5.6.2 Families with No Recourse to Public Funds Checklist

RELEVANT CHAPTERS

This Chapter should be read in conjunction with Families with No Recourse to Public Funds Guidance for Social Workers

All RAAT workers on duty and with allocated cases are to make reference to this checklist and to follow the Families with No Recourse to Public Funds Guidance: Guide for Social Workers

AMENDMENTS

This chapter was amended in September 2009


Some examples of  the types of cases which may be referred to RAAT*

  • Overstayers. People whose working, student  or visiting visas have run out, or anyone who has overstayed their leave to remain
  • People on current visitor or student  visas
  • Former  asylum seekers, who have exhausted all their appeal rights.:
  • Women who are pregnant or breast feeding
  • People who have a chronic health condition including HIV and Aids
  • People fleeing domestic violence
  • People married to or partners of  British citizens whose marriages have ended
  • People who are from the European Economic Area or British citizens but who are not habitually resident in the UK.
  • And they have children 

*People with Indefinite Leave to Remain and people supported by UKBA (UK Border Agency) formally NASS (National Asylum Support Service) are not included in this check list.

Context of information gathering and assessment

Before you start the assessment with the family you need to make it clear to them that you will need to completely check their details before any service decision is made.

You need to tell them that you will be  asking them detailed  questions to confirm information and that this is time consuming, requires evidence, and checking with other professionals and Managers.

You need to tell them that no  decision will be made without full information which the presenting person must supply. We need to be clear that any interim decision for the provision of support will not necessarily result in ongoing support.

You need to check whether an interpreter is needed. NB it is not advisable to use a family member.

Our information gathering must include the following:

  • Immigration status
  • Have you confirmed each person’s immigration status ?
  • Evidence required:-
  • Passport plus entry visa.
  • Precise date of entry  and visa status, including dates of applications to change visa status  with supporting documentation  .
  • Copy Home office documentation
  • Home Office reference number
  • Marriage certificate, birth certificates, divorce certificates.
  • Sponsors details, including full name and address and contact details.
  • History in the UK
  • Full  chronology of events since arrival
  • Details of living arrangements, friends/relatives etc.
  • Details of current living arrangements and sources of support

If immediate destitution is claimed:

  • Where have the family been sleeping for the past 14 days?
  • How have they been feeding themselves
  • Why is any support they have been receiving no longer available?
  • Or – When/why is it to be withdrawn?

Financial status

  • Information from the Benefits Agency
  • Bank statements,
  • Income from all sources.
  • National Insurance number 
  • Length of time that family claim to have been  without finances.
  • What has the family been living on?

Children and Dependants

  • Have you confirmed the Children/ dependants  details and their connection/ relation to the presenting person?
  • Estimated delivery date and confirmation of pregnancy,
  • children’s passports,
  • children’s birth certificates
  • details of schools
  • Family tree.

Homelessness

  • Why can they not get housing or return to the address they originally arrived at or people they stayed with?
  • Evidence of housing history and last address, address of sponsor, details of person that they have been staying with and permission to contact them.
  • Evidence that the Housing department will not be giving the family housing and the reason why.

Legal advice

  • What legal advice is required for the presenting person and for us?
  • Written evidence that the family have sought legal advice.
  • Written evidence that their legal advisors have logged an application / or an appeal, and what it was for.
  • Seek legal advice on the meaning of these applications, request which piece of case law this case relates to and include the information in the assessment
  • Request our legal services contact their legal representatives, DO NOT SPEAK DIRECTLY TO AN OUTSIDE LEGAL REPRESENTATIVE

Checks

Make sure we have done internal checks:

  • ICS, check all names.
  • Hospital Social work team work with families who have children with HIV and Pre birth assessments
  • Housing department, Leaving Care Team, Adult teams, Mental health Teams.

Obtain agreement to do external checks:

  • Boroughs where they were previously staying to check whether they were in receipt of support
  • Ring schools to see when children came on role,
  • check with SEN (Special Educational Needs Sections)
  • Fax/ ring GP’s and Health Visitors
  • Confirm with Health Visitors nursing mothers
  • Police CAIT team; request MERLINS re domestic violence incidents including all that do not involve children
  • Contact the Home Office; What information do they have? When did family enter the country, what appeals have been lodged
  • Neighbouring boroughs

Assessments which need to be considered:

  • Destitution assessment
  • Child in need assessment
  • Community Care assessments
  • Human Rights Assessment

Whilst assessments are taking place:

  • Establish the basis upon which the family can remain at their accommodation.
  • Establish basis upon which they can continue to live without any immediate support.
  • Establish timescales within which they can provide any missing information to a satisfactory level.
  • If section17 money given we need to give families written confirmation that it is an emergency payment pending the outcome of an assessment.
  • Remember it is up to the presenting person to provide us with the information which we need to meet their needs.
  • All agreements for expenditure must be made by a senior Manager based on the information we have gathered.

Medical conditions

Our legal department has requested that the statement “life threatening condition” be reviewed in line with current medical developments which have led to increased longevity for people living with diagnosed conditions including HIV and AIDS. In some situations people have chronic conditions which are stable and as long as the person continues with the treatment they will remain well. We need to consider using “Chronic health condition” instead of “Life Threatening condition” in our assessments as this will lead to appropriate provision of services which are fair and equitable and not leave the council open to unfair claims for service provision.

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