Praxis Conference Precarious Lives and New Migration: Policy Scenarios for Vulnerable Migrants

Transcription

1 Praxis Conference 2012 Precarious Lives and New Migration: Policy Scenarios for Vulnerable Migrants

2 Foreword Welcome to the Praxis Conference Precarious Lives and New Migration: policy scenarios for vulnerable migrants. The conference has been organised in response to Praxis experience over recent years of meeting people who are dealing with extreme poverty and exclusion. 56% of our clients have no recourse to public funds. We have come to the realisation that we are dealing with significant structural changes, which we need to understand better in order to make appropriate responses. We also realise that we cannot work in isolation either from other people acting in this field or from the systemic policies issues which underlie our experience. This conference will cross the boundaries of service providers, including livelihoods, homelessness, children, health and the criminal justice system. It will highlight some of the key policy issues affecting each of these areas and look for achievable outcomes which will alleviate the many difficulties which new migrants are currently experiencing. The conference will begin with the analysis of Professor Guy Standing, who will place the situation facing vulnerable migrants within the context of wider global economic dynamics. It will also hear from Julius op de Beke, who will provide us with the policy context from the European Union, which has such an influence on policy at national level. It will then draw on the expertise of the conference participants in Round Tables. Our concluding plenary will seek to take the agenda forward to our future action together. I am very grateful to all our contributors and participants and hope that the day will be more than a talking shop but represent significant progress in addressing these urgent issues. Finally, we are extremely grateful to our hosts, Allen and Overy, who through the good offices of Praxis Trustee, Dylan Matthews have provided us both with accommodation and refreshments. I hope that we will all be able to join us following the conference for drinks and canapés. Vaughan Jones, Chief Executive. 2

3 Precarious Lives and New Migration: Policy Scenarios for Vulnerable Migrants 21st November am pm followed by a drinks reception Kindly hosted by Allen and Overy New migrants to the UK are becoming increasingly vulnerable and forced to live more and more precarious lives. Over the past thirty years, the rights and entitlements of refugees and migrants have decreased considerably, in the areas of benefits, right to work, housing, access to health, and the legal framework of fair treatment and protection. This is not merely a UK but also a European and international phenomena. Guy Standing refers to migrants as key members of the growing Precariat and as denizens i.e. people who live in a country but have fewer rights. Vulnerable migrants include a range of people from a variety of immigration categories: refugees, asylum seekers, refused asylum claimants, foreign national offenders, unaccompanied minors, victims of human trafficking, people on temporary work visas, people on spouse visas whilst living in abusive relationships. They hold their humanity and their difficulties in common and share their exclusion from essential services and fundamental rights. It is important to consider their needs as human beings within but also as separate from the wider discourse surrounding migration and national identities. This conference aims to develop an analytical framework which will locate vulnerable migrants within the context of wider trends both internationally and nationally. It will hear of the changing circumstances for refugees and migrants over the past thirty years, through recent Praxis longitudinal research drawing upon its own data. It will hear perspectives from both the EU and UK with the intention of creating genuine dialogue between the day to day experiences of migrants and the decisions which affect them. This conference will through a series of Expert Round Tables examine the specifics of policy and regulations which are impacting on vulnerable migrants. The five themes for the Round Tables are: Precarious Livelihoods; Migrants and the new homelessness crisis; Vulnerability and migrant children; Health challenges and vulnerable migrants; Vulnerable migrants and the criminal justice system. Their overall aim will be to shape the policy debate by providing an in-depth analysis of the impact of policies on the lives of very vulnerable people. Each Roundtable will pose the question: What needs to change? and What is possible? The conference will conclude by bringing these issues back into the wider social and political discourse through a Question Time panel. This conference is designed for both governmental and non-governmental actors, policy makers, academics and community advocates. 3

4 Conference Timetable Registration Introduction from the Chair Welcome Introduction to the session Migrants and the Precariat Increasing vulnerability a 30 year experience Understanding and responding to vulnerability Facilitated discussion between presenters and audience Break Introduction from Chair Ensuring the safety and protection of migrants Discussion and Q&A Lunch Expert Round Tables Creating a policy scenario What needs to change? Arvinda Gohil Chair of Praxis and CEO Emmaus UK Dylan Matthews Senior Associate, Allen and Overy, Praxis Trustee Danny Sriskandarajah Director Royal Commonwealth Society, Praxis Trustee Professor Guy Standing University of Bath, author of The Precariat: The New Dangerous Class Vishnu Narendran Researcher Brief overview of the periods of Praxis s engagement with refugee and migrant communities and their characteristics Vaughan Jones Chief Executive Praxis Brief reflection on social solidarity by refugee and migrant organisations and their characteristics Led by Danny Sriskandarajah Arvinda Gohil Julius op de Beke Senior Policy Officer at the D2 in DG Employment (covering child poverty, social exclusion, Roma and homelessness) Led by Arvinda Gohil Precarious Livelihoods Lead: Tony Wilson Director of Policy, CESI Susan Cueva National Development Officer, UNISON Professor Sonia McKay Working Lives Research Institute London Metropolitan University Sian Summers-Rees Displaced People in Action Wales What is possible? Migration and the New Housing Crisis Lead: Barbara Roche Chair Metropolitan Housing Association and former immigration minister Nick Scott-Flynn British Red Cross Nicholas Pleace Centre for Housing Policy, University of York Adam Rees Group Manager Community Services St Mungo s 4

5 1.30 Expert Round Tables Vulnerability of Children in Migration Creating a policy scenario Lead: Matthew Reed CEO Children s Society What needs to change? Dr Ash Chand Head of Strategy and Development Minority Ethnic Children NSPCC Huguette Makamu Rayne Fellow What is possible? Health Challenges and Vulnerable Migrants Lead: Professor Jane Anderson Homerton Hospital Ros Bragg Director Maternity Action Vulnerable Migrants and the Criminal Justice System Lead: Richard Foster OBE Chair, Criminal Cases Review Commission Nick Hammond London Probation Trust Alli Black Deputy Governor Drake Hall Prison Hindpal Singh Bhui HM Inspectorate of Prisons Nigel Caleb Detention Advice Service Break Question Time Chair: Bharat Mehta OBE Chief Executive Trust for London Fiona Mactaggart MP Natasha Walter Women for Refugee Women Guy Standing University of Bath Concluding remarks End Reception Vaughan Jones Chief Executive Praxis Drinks reception provided by Allen and Overy 5

6 Speakers Biographies Arvinda Gohil has worked in the housing sector for the last 27 years. She has been working for a women s refuge; leading the development of two housing associations; setting up a training and capacity building agency in South Africa; running a regeneration partnership for a local authority; Assistant Director for London at the Housing Corporation and Director for Membership and Regions at the National Housing Federation. She is Chair of Praxis and has been appointed the new chief executive of Emmaus UK in Guy Standing is Professor of Economic Security at the University of Bath and a founder member and co-president of the Basic Income Earth Network (BIEN). Prior to joining the University of Bath in 2006, Guy Standing was Director of the Socio-Economic Security Programme of the International Labour Organisation in Geneva. He is the author of The Precariat The New Dangerous Class. Dhananjayan Sriskandarajah became the Director of the Royal Commonwealth Society (RCS) in January Prior to the RCS, he spent five years at the Institute for Public Policy Research. He is an established researcher and commentator on international migration, economic development, the political economy of conflict, and ethnic diversity. Julius op de Beke began his career at the Dutch National Bureau of Economic Policy Analysis. In the European Commission, Mr Op de Beke has worked in the econometrics unit of ECFIN, the evaluation unit of EMPL, for the European Social Fund and in the demography unit. Mr Op de Beke is currently working in a unit responsible for Active Inclusion of Disadvantaged Groups and Fight against Poverty. As a senior policy analyst, he has specialised in socio-economic and demographic issues. He has contributed to a number of papers on demography and family policy, in particular on the policy response to children and families experiencing poverty. Tony Wilson joined the Centre for economic and social inclusion in October 2011 as Director of Policy. He has ten years experience of policy development, project management and delivery across a range of roles in HM Treasury, the Department for Work and Pensions and Jobcentre Plus. Tony has worked across a wide range of policy areas with a particular focus on welfare to work programmes, support for disadvantaged groups, local partnership working and the fit between employment and skills. Barbara Roche has been Chair of Metropolitan since September 2009, and a member of the Metropolitan Housing Trust Ltd Board since Barbara is a former MP for Hornsey & Wood Green and has been a Government Minister in the Home Office, Treasury, Cabinet Office, Department of Trade & Industry and Office of the Deputy Prime Minister. She is a barrister with over 30 years experience of public and voluntary sector working. 6

7 Matthew Reed joined The Children s Society as Chief Executive in May 2012 after two years as Chief Executive for The Cystic Fibrosis Trust. Prior to this Matthew was Marketing Director at Christian Aid, the largest faith based International Development Agency in the UK. Professor Jane Anderson is a consultant physician, director of the centre for the study of sexual health at Homerton University Hospital and HIV and honorary senior lecturer at Barts and The London. She has a special interest in care of migrant and ethnic minority communities with HIV. She is also the research lead for HIV and STI. Richard Foster took over as Chair of the Criminal Cases Review Commission in November He was Chief Executive of the Crown Prosecution Service from 2001 to 2007 and is a trustee of the Refugee Council. He was Director, Welfare to Work Delivery, responsible for New Deals from 1998 to 2001 and is a former Director of the Employment Service in the Department for Education and Employment. Bharat Mehta is the Chief Executive of Trust for London. He was previously Clerk to the Trustees of City Parochial Foundation. Prior to taking up this post, he was Chief Executive of the National Schizophrenia Fellowship. He has also worked for, amongst others, the Medical Research Council (MRC); the National Council for the Voluntary Organisations (NCVO); the Social Services Department of the London Borough of Waltham Forest; Pensioners Link; and Ilford Film s research laboratories. In January 2000, he was appointed OBE for services to NSF and the voluntary sector. Natasha Walter is a writer, broadcaster and campaigner. She is the author of Living Dolls: The Return of Sexism and The New Feminism. She is also the founder of Women for Refugee Women. Fiona Mactaggart was elected MP for Slough in 1997 and has been re-elected at every subsequent election. Fiona is currently a member of the Public Accounts Committee. She was the founder of the All-Parliamentary Group on Prostitution and the Global Sex Trade, and is joint secretary of the All-Parliamentary Group on Human Trafficking. During the Labour Government, Fiona served as Parliamentary Private Secretary to Chris Smith and as a Home Office Minister between June 2003 and May Fiona has served as a member of the House of Commons Health Select Committee, the Children Schools and Families and Public Administration Select Committees. She was also Shadow Minister for Women and Equalities continued > 7

8 Speakers Biographies Vaughan Jones is the founding Chief Executive of Praxis and has been associated with the organisation for 27 years. He has worked in the voluntary sector for 35 years in neighbourhood community work, specialist youth work with homeless young people and refugee and migrant communities. He has played a leading role in local strategic partnership forums in Tower Hamlets. He is a past Chair of the Joint Council for the Welfare of Immigrants and currently vice-chair of the Tower Hamlets New Residents and Refugee Forum, a local authority partnership forum. Dylan Matthews is a senior associate in Allen & Overy s banking group and has been one of Praxis trustees since March Dylan is also one of the co-heads of Allen & Overy s microfinance working group and has advised on a variety of microfinance transactions including the transformation of a Bosnian microfinance institution into a for-profit bank and the financing of a housing project for slum dwellers in Tanzania. 8

9 Precarious Livelihoods: Expert Roundtable Briefing Paper Introduction Migrants in general, and particularly those with no regular status, are directly affected by economic recession, high levels of unemployment and public spending cuts. Hence, the living standards of vulnerable migrants in the UK have dramatically worsened during the crisis. However, Guy Standing s concept of the precariat is not limited to temporary economic downturn. It describes a polarized society and a new dangerous class which is persistently denied access to a secure job with acceptable working conditions and labour protection. 1) Migrants in the UK economy Key facts According to the Migration Observatory briefing on migrants in the UK labour market, the share of foreign-born people in total employment was 14.4% in 2011 and the share of foreign-citizens was 9.2%. In 2011 the industry with the highest share of foreign-born workers in its workforce was food manufacturing followed by domestic personnel and food and beverage service activities. The most recent migrants tend to concentrate in low-skilled sectors, and face employment issues, including substandard working conditions, de-skilling and under-employment. Many undocumented migrants undertake low-paid work in dangerous conditions, in industries which supply cheap goods and services that society has become dependent upon. The extension of workplace document checks and immigration raids has heightened tensions around migrants right to work in the UK (Migrants Rights Network 2010). 2) Immigration status and precarious livelihoods Socio-legal and immigration status does not only impact entitlements but also reduces the bargaining power of workers to negotiate terms and conditions of employment and often makes them dependant on their employers. > EU migrants Until May 2011, migrants from A8 countries were required to register under the worker registration scheme. They are now entitled the same rights as other EU nationals but those are not necessarily enforced in practise. Specific restrictions persist for A2 nationals until > Domestic workers A survey by Justice for Domestic Workers in 2009 found that more than half of the respondents worked more than 55 hours a week and 95% did not get the minimum wage. The UK has refused to sign the ILO convention for protection of domestic continued > 9

10 workers and unions have denounced the lack of protection. The new regulation on domestic workers visas is also contested as it ties migrant domestic workers to one employer. The new legislation will endanger their ability to flee ill treatment for fear of being deported. > Spouse visa holders Third country nationals spouse visa holders have their visa tied to their partner for a two-year probationary period. During that time, they have no access to public fund and are dependent on a family sponsor. They are therefore at greater risk of being subjected to domestic abuse or domestic servitude with very limited chance to escape. > Irregular migrants and refused asylum seekers Undocumented migrants have no right to work and no recourse to public funds, live with a risk of deportation and are subjected to greater risks of forced labour and exploitation. 3) Exploitation/forced labour > Definition According to the ILO comprises physical or sexual violence; restriction on movement; bonded labour; withholding of wages; retention of passports and identity documents; threat of denunciation to the authorities. JRF extends the definition to other cases: migrant labour use; low-paid, demanding work, job flexibility, expendability. Forced labour became a criminal offence via the 2009 Coroners and Justice Act. The current government has imposed tougher sentences in labour trafficking cases but rejected the demand to create a specific criminal offence for human trafficking. A 2005 TUC report revealed that a minority of employers use practices that fall under the internationally agreed definitions of forced labour, responding to employer demand for ultra-flexible labour. > Forced labour practices Migrants bargaining power is low and several ties-in prevent migrant workers escaping from situations of exploitation or forced labour. - Working conditions: Bullying and unfair dismissals, threat of dismissal (loss of sponsor). Overwork and excessive working hours. Systematic thefts: miscalculation of wage, deductions and charges, Pay under minimum wage by using a bogus self-employed status. - Tie-ins: Upfront fees; deposit to secure job; debt bondage; non or underpayment of wages; insufficient work forcing a state of indebtedness; removal of identification papers; low quality accommodation provided by the employer. 10

11 > Gangmasters The Gangmaster Licencing Authority (GLA) operation against a Kent Gangmaster in the poultry industry demonstrates the need for better regulations and controls after 30 Lithuanian workers were found to work in bounded labour conditions. The Kent case highlights the connections between rogue gangmasters and large companies (Tesco and Asda in that case) using intermediaries. In general and despite the action of GLA, there is a concern that gang masters whose licence has been revoked continue to operate through phoenixing. 4) Policy questions > How to ensure the protection of migrants at the working place? What is the role of Unions, Labour Inspection and Health and Safety to enforce minimum standards? > How can the voluntary sector and work programme improve the matching of migrants skills and jobs they can access in order to avoid deskilling? > What is the role of the Gangmasters Licensing Authority to regulate and control migrants employment in specific sectors of the economy? > What is the impact of a reduction in access to legal aid and advise for labourrelated issues to improve the bargaining power of migrants salaried workers? > How to ensure the enforcement of minimum wage regulation and the use of the living wage? > What risk do loopholes pose under self-employed status? The purpose of the Expert Roundtable is to explore what are possible policy frameworks and collaborations which may address the issues briefly outlined above. We hope participants will engage in the following questions and identify agencies and partnerships which may take forward identified actions: What needs to change? What is possible? How could this be achieved? 11

12 Migration and the New Housing Crisis: Expert Roundtable Briefing Paper Introduction Thirty years on from the right-to-buy, little government development of public housing stock, intensification of private housing sector and everincreasing income inequalities have resulted in another housing crisis. The workshops will examine how migration intersects with this crisis with an increasing amount of homelessness among migrants. Migrants who have secured immigration status still face many issues to access basic services, including housing. However, those with no recourse to public funds (NRPF) are completely denied. How do we address the (lack of) rights of those with NRPF to access homelessness/housing services? We hope that bringing together housing, homelessness and migration organisations and sharing knowledge and expertise, we can sketch out policy scenarios and create new strategies of action in which basic human rights are safeguarded for vulnerable migrants. 1) Forms of homelessness > Rough Sleepers Rough sleepers are the most visible form of homelessness and where services have been concentrated. According to CHAIN figures, the proportion of foreign nationals has increased over the last few years to the extent that there are now more foreign born on the streets than British born people, who 10 years ago formed the core of the street population CHAIN figures give an estimate of 47% British, 28% Eastern European and 17% outside EU foreign nationals. An additional 7% could be added to this figure as Bulgarians and Romanians are part of the EU enjoy less rights than their Eastern European counterparts. > Hidden Homelessness The majority of homeless migrants would fall into this category because they tend to navigate through informal community networks, what is often referred to as staying with friends or sofa surfing. Other insecure and inadequate accommodation include: overcrowded conditions, beds in shed, people at risk of imminent eviction, victims of harassment/threats or domestic violence. 12

13 2) Immigration and homelessness In all cases, immigration takes precedent over homelessness, making traditional homeless services inaccessible to those with insecure immigration status. Whilst the assumption of many may be that NRPF is a permanent status, many are in fact resolvable cases given legal representation. The individuals need practical support while cases are resolved. Finding accommodation has become a primary concern to all organisations providing advice to asylum seekers, refugees and migrants. Current service delivery models in either the public or third sector are not fit for purpose and are frustrating efforts to make sound interventions and best practice. 3) Rights-based approach International and EU law (Charter of fundamental rights/ ECHR) state that noncompliance with the conditions for entry, stay or residence cannot deprive migrants in an irregular situation of certain basic rights. The European Social Charter (ESC) also guarantees social and economic rights, such as the right to housing, healthcare, education, legal and social protection. A rights-based approach considers the concept of adequate housing, defined by the Covenant on Economic Social and Cultural Rights as the right to live somewhere in security, peace and dignity, which provides sufficient privacy, space and safety. 4) Policy debates > No second night out This relatively new model was established to help new rough sleepers access services, find an immediate alternative and prevent long-term homelessness. In practice it has heavily been linked to reconnecting people to their legally defined local connection where they would be eligible for services. The majority of new migrants are only offered a return to their home country. > Removal strategies Removal strategies are being implemented by the UKBA to deport non-british homeless people. Immigration authorities follow legislation stating that European migrants who are staying for more than three months in the UK and are not working, studying or self-sufficient can be removed and sent back to their country of origin. Many migrants organisations are concerned that removals, assisted voluntary returns and reconnection programs will become a default answer. > Local Authorities Local authorities have a responsibility to those with NRPF under specific legislation, but with high thresholds. They have also been put under severe financial constraints through recent budgetary cuts. Are Human Rights assessments implemented as widely as possible or do they act as a gatekeeper? What challenges do Local Authorities (LAs) face in relation to NRPF? How do they communicate those to central government? What are the risks/opportunities of a third sector response to destitution? continued > 13

14 > NRPF Providers The only shelter providers for migrant with insecure immigration status in London are faith-based groups. Some provide basic and temporary night shelters, sleeping in churches halls or dormitories. Others offer a community-based approach where support is provided indefinitely by sharing day-to-day living. But alone they cannot respond to the current need. Whilst traditional homeless organizations may lack the expertise to deal with migrants, migrant organizations have very little access to housing and homeless services. How can both sectors work more effectively together and create new accommodation solutions for vulnerable migrants? > Temporary homes A few organizations across the UK have set up new models of temporary homes where destitute asylum seekers live in shared houses for the length of time it will take to either progress or resolve their immigration issue. Several models have been implemented successfully, most notably in Manchester (Boaz Trust managing 12 houses), Birmingham (Hope Projects managing 4 houses) and Bristol (Bristol Hospitality Network). MHT and Praxis have recently set up a similar scheme in London. The purpose of the Expert Roundtable is to explore what are possible policy frameworks and collaborations which may address the issues briefly outlined above. We hope participants will engage in the following questions and identify agencies and partnerships which may take forward identified actions: What needs to change? What is possible? How could this be achieved? 14

15 Vulnerable Migrant Children: Expert Roundtable Briefing Paper Introduction It is estimated that between 120,000 and 155,000 irregular migrant children live in the UK. Roughly half of these were born in the UK to irregular migrant parents. These large numbers compare with relatively small numbers of asylum seeking children in receipt of support from UKBA (around 6,000), Section 4 support (around 800) or LA support (around 1700 families). There is currently no central mechanism for collecting data as to the extent of destitution among refugee and migrants, and this problem is compounded when talking specifically of children. There are some cross-cutting issues which affect many migrant children. These include: Limited access to services and provisions, despite legal entitlements. This often occurs due to contradictory and frequently changing rules, and may be accentuated currently due to cuts to public services and broader reforms. Regularly inadequate living conditions, with many migrant children be they accompanied or unaccompanied frequently living in overcrowded privately rented houses. Frequent and repeated experiences of destitution, disenfranchisement and exclusion from social structures which are an essential aspect of citizenship. Some have raised concerns that destitution is being used as a policy tool to encourage migrant children to leave the country. Similar and often difficult experiences when children turn 18: This transition is often accompanied by the full weight of irregular status and the removal of access to certain services. This roundtable will explore some of the multifaceted vulnerabilities that these children face. In particular it will focus on the following areas: migrants turning 18, and access to education and healthcare. 1) Migrant care leavers and turning 18 > Who are they Over 2,000 unaccompanied asylum seeking children leave care every year, of whom only 5% are said to be returned home to live with parents or relatives. Of these, some (26%) are moved into independent living with supported accommodation, while others receive no formalised support (17%). Meanwhile, it is estimated that there are around 4,000 non-british children in the UK in private fostering placements. continued > 15

16 > Leaving care On turning 18, many young asylum seeking children face an extremely uncertain future, with concern about being detained and removed from the UK. Their immigration status can significantly affect their ability to access services, either because of legislative restrictions or because statutory providers, and indeed the young people themselves, are often unclear as to their rights. Upon leaving care, many have inadequate plans in place which set out aspirations and needs and which details the support needed from statutory services to achieve them. Often the ability to access support is dependent upon local contexts, with only some LAs providing support regardless of immigration status. A recent case (R(SO) v Barking and Dagenham (2010)) established that local authorities rather than the UKBA have a duty to provide leaving care support for all young people who used to be in their care and that local authorities have a general duty to provide a former relevant child with accommodation to the extent that his or her welfare requires it. Although the Claimant in the case was a failed asylum seeker, the judgment has had important implications for all young people who were looked after by social services prior to turning 18 and not just asylum seekers and failed asylum seekers. Nevertheless, in practice the impact of immigration legislation limiting leaving care and Children Act 1989 provisions set out in Schedule 3 of the Nationality, Asylum and Immigration Act 2002 continue to affect young migrants with an uncertain status as they transition into adulthood. 2) Undocumented children and access to public services While there is a guarantee of access to primary and secondary education and emergency healthcare free of charge, and a statutory duty on public authorities to act in the children s best interests and to look after those in need, it is increasingly recognised that a conflict exists between the two agendas that of protecting children and that of immigration control. > Access to education Education is a primary concern as several reports have demonstrated the importance of school for children s stability. Migrant children have specific needs in terms of EAL (English as additional language) but also face specific barriers. The first problem is the scarcity of school places and difficulties to enrol because of language barriers. Another is the lack of undocumented children s entitlement to free school meals. Education professionals have also expressed unease at increasing pressure from UKBA to perform immigration control tasks within the education system despite the absence of legal obligations for a school to ask for a proof of immigration status. Recent policy changes have exacerbated this situation. For example, young people who have discretionary leave to remain are not eligible for student finance in order to access higher education and are no longer able to get home fees status. Instead they are required to pay 9-25,000 per annum in international fee rates. Similarly, the inability to work at this age is a barrier to skills and social development for many of these young people. 16

17 > Access to healthcare Frequently-experienced problems in the domain of healthcare include difficulties in registering with a GP, and in re-registering when repeatedly moving location. Many young migrants are concerned about the UKBA s invasion of public services, and find it difficult to trust professionals and statutory agencies. In particular, access to necessary psychological care is extremely limited, with much of this having to be provided by overcrowded third sector services. In terms of healthcare, children and young people may be a constituency for which the public health benefits of prevention make a particularly strong case for allowing access to healthcare services, such as sexual health services, which could prevent more costly and damaging effects of diseases before they develop. 3) Unaccompanied children and quality of asylum decision-making Around 3,000 unaccompanied children claim asylum each year (although the numbers have fallen significantly in the last two years). Children seeking safety in the UK on their own are subjected to a culture of disbelief and suspicion, which leaves them feeling frightened and confused. In addition, current policy leaves them with a temporary legal status on the basis of their age and reception facilities in their country of origin, rather than their best interests and overall protection needs. Most unaccompanied children who apply for asylum in the UK are refused refugee status or humanitarian protection. Instead they are granted discretionary leave to remain for 30 months or until they reach the age of 17 1 / 2. Although grant rates improved somewhat in 2011, unaccompanied children continue to be granted refugee status at a noticeably lower rate than overall applicants: in 2011, 25% of asylum applications were granted refugee status at initial decision compared to only 18% of unaccompanied children. The purpose of the Expert Roundtable is to explore what are possible policy frameworks and collaborations which may address the issues briefly outlined above. We hope participants will engage in the following questions and identify agencies and partnerships which may take forward identified actions: What needs to change? What is possible? How could this be achieved? 17

18 Health Challenges and Vulnerable Migrants: Expert Roundtable Briefing Paper Introduction Evidence on physical and mental health suggests there are poorer outcomes overall for migrants but these vary according to migration histories and personal experiences. The current coalition government is focussed on reducing net migration to the tens of thousands and encouraging temporary migration. There is a fear that new immigration policy might impact on health policy in terms of migrant s entitlement to healthcare where the desire to reduce so called pull factors leads to restriction in access to health care for certain groups, this was stated recently by the Home Secretary who sought to bring access to public provision under scope to deter nationals from Bulgaria and Romania from migrating to the UK. In policies such as these access to health care which ought to be a human right becomes part of an overall immigration control strategy where lifesaving services are withheld form societies most vulnerable. 5) Entitlements and charges > Entitlement to health care The UK NHS has an ordinarily based system where ordinarily is defined in terms of current, settled and lawful residence. There is a lot of confusion in this application with considerable variation in interpretation of requests for documentation to justify entitlement; despite the fact that GPs can register any patient who applies in the catchment area should they have the capacity. The Department of Health is undertaking a review of NHS entitlement/charging policy in order to simply procedures which raises concerns about future charges. Migrants face several difficulties: Lack of understanding of the healthcare system and language difficulties Administrative difficulties and absence of documentation Fear of registering due to concerns of being arrested and deported for undocumented migrants > Healthcare costs and charges There are no charges in primary care if a person is registered as an NHS patient. But neither GP registration nor the possession of an NHS number creates an entitlement to free hospital treatment In principle. The NHS rules on health service entitlement comply with international conventions on access, though some migrants will be charged for the care they receive. There is a distorted view about health tourism and a government anxiety that a free-to-all comers health service would give an incentive for more migrants to come to the UK. High cost of secondary health care forms abarrier for some to seek treatment as they fear that they will not be able to pay back the debt. In addition, new guidelines which require hospital to notify the UKBA of any debt exceeding 1,000 still outstanding 18

19 after 3 months are deterring some people from seeking necessary treatment as the consideration for their immigration status and that of their wider family, become a factor i n the decision of whether or not to access health care. 6) Specific types of care > Mental health Physical and mental impact of conflict and, trauma associated with migration and settlement processes including isolation, loss of social status, poverty and insecure legal immigration status, impact of detention and dispersal in the receiving society. Asylum seekers and refugees experience higher rates of depression and anxiety, especially those who experienced abuse. There is a general shortage of mental health services, and especially thous that deal with impact fo trauma, and spatial inequalities depending on the area and the support available. > Pubilc Health Non-UK born people (especially Black African and South Asian) have higher rates of TB and HIV prevalence among recent arrivals in the UK but less than a quarter are diagnosed within two years of arrival. Only certain types of disease are exempted from contribution to health costs but the list could be extended. Despite testing and treatment fo infectious diseases being free of change there is still a significant barrier to vulnerable groups accessing these services. The condition must first be identified and a referral made by a primary care physician or other professional. The barrier to accessing primary care services described above means that these conditions go unidentified in many cases and thus could potentially consitutute a public health risk. 7) Policy issues > Lack of knowledge about migrants health Lack of data There is a lack of data by country of birth and migration (75% of patients registered have had ethnicity recorded but only 0.3% had country of birth recorded, although requested). There is also a lack of local data to better map migrants at the local level. Coordination and Practise sharing There is no national health focal point for migrants (as a whole and not only the most vulnerable), a lack of practice sharing (migrant clinician network/ migrant health guide), and a need to incorporate other data sources (Labour Force and Annual population survey) Education and training Migrants health has specific issues related to culture and religion in relation to accessing healthcare (especially mental care and STI). Health practitioners need better education and training to deal with the specificities of migrant patients. continued > 19

20 > Different approach to migrants health Migrants health as a holistic approach A holistic approach requires health providers to have a comprehensive view of health needs. This includes considering distress caused by other problems (housing, livelihoods, immigration status etc.) Localism and local healthcare Localism for the healthcare can be a double-edged sword. LA s with large migrant populations have better opportunities to include migration as key concern for their health policies and adopt crossover initiatives. However, improving health inequalities depends upon the LA s approach to migration issues. Local consultation, new Healthwatch bodies and scrutiny panels need to have better representation of migrants views Preventive health Preventive health is key. Regular screening and involvement of the community in order to deal with certain taboos (FGM, HIV, Mental Health) are important. The cost of late presentation and overuse of emergency services as a result of lack of information and access to primary healthcare is more costly to the NHS. > Specific problems ESOL Need for ESOL tutorials specifically on health issues (and registration)/insist on the language issue and use of interpreters UKBA intrusion in healthcare facilities It is important to recall the neutrality of health practitioners with the UKBA and the absence of legal duty to assess the immigration status of patients. The fear of deportation can impact upon the willingness to provide information on country of origin and deter health seeking behaviour because fear of routine collection of personal information People discharged from hospitals back onto the streets Health treatment can be disrupted if multi-agency teams within hospitals are unable to outline adequate discharge plans for migrant patients. Health conditions can be exacerbated for patients with no recourse to public funds who are discharged to no suitable accommodation. The purpose of the Expert Roundtable is to explore what are possible policy frameworks and collaborations which may address the issues briefly outlined above. We hope participants will engage in the following questions and identify agencies and partnerships which may take forward identified actions: What needs to change? What is possible? How could this be achieved? 20

21 Vulnerable Migrants and the Criminal Justice System: Expert Roundtable Briefing Paper Introduction Foreign nationals comprise around 13% of the UK prison population overall but 15% of the female estate (Prison Reform Trust 2011). There are no equivalent statistics for offenders serving community services but recent analysis by London Probation Trust suggest that 22% of the probation caseload in London is comprised of foreign nationals (those on license and serving community sentences). There is no evidence to suggest that foreign nationals offend more frequently than other groups. Many of the prison population will be port of entry arrests of foreign nationals who are not resident in the UK. However, there is evidence to suggest that foreign nationals are disadvantaged at various stages throughout the criminal justice system. The issues: 1) Who is arrested/sentenced and for what > Migration specific offences Migrants are more likely to be at risk of falling foul of offences involving use of false documents to access employment, bank accounts or services, a range of immigration offences including destruction of immigration documents, working without documents, and more recently we have received reports of overstayers attempting to leave the UK being arrested on departure. > Trafficking victims and convictions for offences carried out under coercion Research suggests that large numbers of victims of trafficking end up in prison, particularly in the female estate (Hales and Gelsthorpe, 2012) The Criminalisation of Migrant Women University of Cambridge, Institute of Criminology). New EU Trafficking Directive 2011/36/EU expands the current definition of trafficking. Although it states that instances need to be looked at on a case-by-case basis it mentions the possibility of including begging, pick-pocketing, shop-lifting, drug trafficking and other similar activities. Large numbers of foreign national prisoners are currently imprisoned for offences which may be covered by this new, wider ambit if coercion and exploitation can be shown. > Remand prisoners Some evidence highlights that remand is overused in cases where immigration status is an issue: The figures demonstrated that the pattern of the reception categories was very different from UK nationals, with foreign nationals representing 26 per cent of all new untried receptions and only 17 per cent of those received for immediate custodial sentences (Hales and Gelsthorpe). 21

22 2) Court system > Interpreting and comprehension Hales and Gelsthorpe are very critical about court interpreting and there have been numerous reported cases of interpreters not turning up or not being sufficiently able to carry out their role. There seems to be little recognition of the importance of using specialist expert interpreters in a court setting. 3) Pre-sentence reports There is anecdotal evidence that pre-sentence reports are less likely to be requested in cases concerning foreign nationals and particularly irregular migrants. This may reflect a belief by sentencers that these groups are generally less suitable for community sentencing options (Canton & Hammond, 2012 Foreigners to Justice? Irregular migrants and foreign national offenders in England and Wales) 4) Prison system > FNP Hubs Since 2009 a number of prisons in the male establishment have been designated as Foreign National hubs, holding only foreign national prisoners. The rationalisation for this is that services for foreign nationals can be concentrated in these prisons and UKBA can have staff embedded in the prison to ensure smoother processing of removal and deportation cases. Criticisms levelled at this system have been that the system does not allow for foreign nationals with family ties in the UK to serve sentences close to those links, that other services unrelated to foreign national status (housing, benefits etc) are lacking and that there is in the establishments an overwhelming assumption of deportation which means that little or no resettlement work is carried out with prisoners. > Prison processes Sentence planning for FNPs is often given low priority; PRT comments on disruption to resettlement caused by detention or threat of detention.there are serious procedural difficulties for foreign nationals in getting access to Home Detention Curfew or Release on Temporary License due to the barriers created by UKBA interest in deportation. > Immigration and links with UKBA Although UKBA now often have staff attending prisons, decisions on immigration cases are most often not dealt with until the last moment. This inevitably leads to further administrative detention (see below) and acts as a barrier to ROTL and HDC (above). There is a lack of independent immigration advice in most prisons. > Interpreting and translation Numerous Inspectorate reports have commented on the low take up of telephone interpreting across prison establishments and the general lack of translated materials. 22

23 > Women FN women in the prison system are more likely to be primary carers of children overseas than male FNPs. Separation and inability to provide for children abroad can cause considerable distress. 5) Post sentence > Removal and Deportation There is no effective resettlement planning for FNPs who are removed or deported to country of origin. Apart from one booklet for Jamaican prisoners there are no resources to assist these prisoners to prepare for release. There is a disparity in treatment with clients from EEA countries who are deported reporting that in addition to being unable to access resettlement funds from the Facilitated Removal Scheme they also do not receive a discharge grant and are therefore often returned to their country and left at the airport with nothing. > Immigration Detention For those foreign nationals against whom deportation action is continuing there appears to be a blanket policy by UKBA to continue detention under immigration powers. 97% of Foreign National Prisoners are put into immigration detention at the end of their sentences (Independent Chief Inspector of the UKBA). Little attention seems to be paid to strength of ties in community or likelihood of speedy removal. This leads to a number of issues including foreign nationals being detained unnecessarily past their sentence end-date, continuing punishment of foreign nationals who have completed their sentence, indefinite detention of foreign nationals and problems around liaison between UKBA, prisons and probation when a foreign national offender is released wwwwfrom immigration detention at short notice. Detention Action, Detained Lives: the real cost of indefinite immigration detention 2009 The purpose of the Expert Roundtable is to explore what are possible policy frameworks and collaborations which may address the issues briefly outlined above. We hope participants will engage in the following questions and identify agencies and partnerships which may take forward identified actions: What needs to change? What is possible? How could this be achieved? 23

24 Conference Participants First name Last name Job title Company Monica Acheampong Project Officer Regional Public Health London Naeem Ahmed Ahmed Dr King s College Hospital Tanzeem Ahmed Partnerships and Performance Manager Poplar HARCA Vicky Allen Strategy Policy Performance Officer Tower Hamlets Council Jane Anderson Professor Homerton Hospital Simin Azimi Director Refugee Women s Association Justin Bahunga Project Co-ordinator AFRUCA Bob Baker Director Simon Community George Barrolle N/A N/A Ann Bartrum Senior Probation Officer London Probation Trust Rahul Basu Probation Officer Hackney Probation Trust Paul Birtill Director of the Migration Foundation Metropolitan Alli Black Deputy Governor Drake Hall Prison Syd Bolton Co-Director Refugee Children s Rights Project Ros Bragg Director Maternity Action Lucy Bryson Community Safety Manager Brighton & Hove City Council Matthew Burnett-Stuart Student SOAS university Nigel Caleb Director Detention Advise Service Jieun Cha Student UCL Paul Chadwick Head of Service, Looked After Children Croydon Council Simrin Chana Childs Rights Officer Kids Company Dr Ash Chand Head of Strategy and Development Minority Ethnic Children NSPCC Iolanda Chirico Manager Action for Refugees in Lewisham Sioned Churchill Director of Special Initiatives and Evaluation Trust for London Tommy Cloherty Head of Homeless Services HOPE worldwide Juan Cock Project Manager Migrants Rights Network Nancy Collins Solicitor Bhattmurphy Solicitors Susan Cueva National Development Officer UNISON Sarah Cutler Initiative Co-ordinator Paul Hamlyn Foundation Leigh Daynes Executive Director Doctors of the World UK Jean Demars Accommodation Co-ordinator (NRPF) Praxis Orhan Demirovski Lecturer BPP Business School Emma Dore Policy Projects Co-ordinator Homeless Link Kamena Dorling Policy and Programmes Manager Coram Children s Legal Cetnre Livia Dragomir Casework and Acitivism Volunteer Amnesty International Robert Driver Strategy, Policy and Performance Officer Tower Hamlets Council Jenny Edwards Director Taproot Consultancy Yawooz Ezzat Chairperson For a Better World Joanna Fairclough Education Advocate Love to Learn Sameen Farouk Policy Civil Service Emma Fenelon Legal Project Manager The AIRE Centre 24