Croydon Immigration and Asylum Support Service (IASS)

Transcription

1 Croydon Immigration and Asylum Support Service (IASS) This guide tells you about the support you can expect to receive from Croydon Council if you have no recourse to public funds (NRPF). Who are we? The IASS is part of adult social services and comes under Croydon Council s People Division. The service is made of three teams; the NRPF Immigration Team, the NRPF Adult Team and the NRPF Children Team. The service is mainly composed of NRPF Immigration workers; social workers who work with adults; social workers who work with children and families; and a team manager. We have partnerships with other services and organisations and work closely with Croydon Children and Families Services; the Home Office and the South London Maudsley NHS Foundation Trust who provide a wide range of mental health and substance misuse services. What do we do, who we work with and how we might help? We work with people who are subject to immigration control and have No Recourse to Public Funds as a condition of their immigration status. These groups of people are mainly asylum seekers and refused asylum seekers with health and social care needs, people unlawfully present in the UK (e.g. overstayers) and people who have leave to remain in the UK with NRPF conditions attached to their leave. Having NRPF means that a person is not entitled to welfare benefits; public housing; or financial support from the Home Office. Some benefits and state services are however not classified as public funds and so may be accessed; this includes support from social services; primary healthcare; compulsory psychiatric care; emergency medical treatment and education for children up to the age of 18. There are a few European Economic Area (EEA) nationals and people who have been granted refugee status by another EEA State, who would not normally be able to access public funds due to housing or welfare eligibility criteria. Where there is no duty on the authority to provide support, we may signpost you to the relevant agencies for advice and assistance. If people are eligible for support from us, we can provide temporary financial support through the provision of accommodation and/or subsistence monies and/or social care support to people who need it. Please note that accommodation will be dependent upon availability at the time and that it is unlikely to be in London or South East England, due to the shortage of housing in these areas. 1

2 More information about subsistence payments can be found on Page 7. We are able to direct people to specialist help and support if they may have been subjected to family or domestic violence or are victims of trafficking/modern slavery. This is a complex area of work which involves the interaction between immigration, children s, adult social care and human rights law. What can you expect from our service? You will receive a humane, fair and respectful response from our service. We will seek a solution to a person s or family s destitution but must not act outside our legal duties and discretions/powers. We will try to ensure that we explain our processes and the potential outcome of your case to you. If there is anything which is unclear, or if you would like to have access to an interpreter or have an advocate present, we will do our best to assist. Are you Eligible for support from us? We check to see if you might be eligible for our service. We ask a lot of questions and ask to see relevant documents. We also ask that you give us consent to share your personal information with other organisations so that we can work with them effectively. Amongst other things, we look at: whether, we as a council have territorial responsibility for you; or if not, whether you have urgent needs that we need to respond to straight away, before we redirect you to the council responsible for helping you or to other relevant agencies for assistance and advice; your immigration status and whether you have no recourse to public funds; whether you are excluded from support under legislation and if so carry out a human rights assessment to establish if the Council has an obligation to provide support to you to avoid breaching your human rights; whether you are destitute i.e. unable to provide food and/or accommodation how you have been living up until now and your support networks; your physical health, mental health and care needs. 2

3 Adults - Two Step Assessment Process Do we have a duty to provide care and other support? There are two fundamental steps that IASS undertake in assessing whether we have a duty to provide care and support to an individual: Pre-assessment screening establishing the facts prior to assessment; this information will be captured on the IASS Contact Assessment (No Recourse to Public Funds) Form and includes: Territorial responsibility ordinary residence Checking immigration status establish any eligibility for public funds under immigration legislation; pending applications with the Home Office; nationality etc. Schedule 3 Nationality, Immigration and Asylum Act 2002:exclusions from support o If the person caught by these exclusions a human rights assessment should be completed to establish if the Council has an obligation to provide support to avoid breaching that person s human rights; o In the case of EEA nationals and their family members, if it necessary to provide support to prevent a breach of the adult s rights under the European Community Treaties. o Might an offer to resolve the person s destitution by assisting them to return to their country of origin be appropriate? Is the person eligible for support from Asylum Support (Home Office previously NASS)? Meeting urgent needs for care, support and accommodation prior to further assessment/clarification Establishing destitution Assessing eligibility for care and support: Assessing eligibility for care and support under the Care Act 2014 Assessment of any carers under the Care Act 2014 Assessing adults who are owed duties under section 117 Mental Health Act 1983 Assessing an adult to whom Schedule 3 Nationality, Immigration and Asylum Act 2002 restrictions apply 3

4 Children and Families - Two Step Assessment Process Do we have a duty to provide care and other support? There are two fundamental steps that IASS undertake in assessing whether we have a duty to provide care and support to a child and their family: Pre-assessment screening establishing the facts prior to assessment; this information will be captured on the IASS Contact Assessment (No Recourse to Public Funds) Form and includes: Territorial responsibility ordinary residence The local authority area where the child/family was living when the need arose is responsible for assessing that family. Exceptions to this rule are when a child is: o accommodated by another local authority; or o subject to a Care Order in another local authority Checking immigration status to ascertain destitution and establish any eligibility for support under s17 of the Children Act 1989 whilst taking into consideration pending applications with the Home Office; nationality etc. Schedule 3 Nationality, Immigration and Asylum Act 2002:exclusions from support o If the person is caught by these exclusions a Child in Need assessment and human rights assessment should be completed to establish if the Council has an obligation to provide support to avoid breaching that person s human rights; o In the case of EEA nationals and their family members who are also caught by these exclusions, as well as needing to complete a Child in Need assessment, it will also be necessary to determine if it necessary to provide support. to prevent a breach of rights under the European Community Treaties. o Might an offer to resolve the family s destitution by assisting them to return to the parents country of origin be appropriate? Those not excluded from social services support by Schedule 3 Nationality, Immigration and Asylum Act 2002 (people with valid visas, asylum seekers, all appeal rights-exhausted refused asylum seekers who originally applied at port-of-entry, British nationals, children of any nationality) are not eligible for support from IASS pending assessment. A child who is destitute may be considered a child in need and therefore may be eligible for support under s.17 Children Act If there are no other child in need concerns other than destitution, the local authority must consider if other financial support can be accessed by the family e.g. mainstream benefits for EEA nationals, Asylum Support for those in the asylum process, voluntary return for visa overstayers. 4

5 Is the child/family eligible for support from Asylum Support previously NASS)? Local authorities cannot provide assistance under s.17 Children Act 1989 where support would otherwise be available to the child under s.95 Immigration and Asylum Act However, where asylum seeking families are accommodated by Asylum Support any safeguarding issues remain the responsibility of Children s Services in the area in which they are being accommodated. If an asylum seeking parent is assessed as having a need for care and attention that requires the provision of residential accommodation, the local authority must arrange for accommodation for the family. Meeting urgent needs for care, support and accommodation prior to further assessment/clarification under Early Help Pathways Stage 3-4 of s.17 Children Act Assessing eligibility for care and support: Families with children child in need assessments under Early Help Pathways Stage 3-4 of s.17 Children Act 1989 Community care assessments of parents - assessing eligibility for care and support under the Care Act 2014 Assessing adults who are owed duties under section 117 Mental Health Act 1983 Assessing expectant and nursing mothers Child in need and human rights assessments in cases where Schedule 3 Nationality, Immigration and Asylum Act 2002 applies The fact a person has made a claim or an application to the Home Office that has yet to be determined does not mean that support must be provided. Croydon Council is entitled to consider the merits of the application. People may be provided with services as a result of urgent needs identified by the Contact Assessment (pre-assessment screening). Temporary support may be provided prior to other assessments being completed without prejudice ; this means that we have no obligation to continue with this support, if we later find that the person does not qualify. If the contact referral is made directly to MASH (Children services), the referral should be passed to the Immigration and Asylum Support Service (IASS) in the People s Department where the co-ordination of service provision for adults with or without dependent children is undertaken in partnership with other services. The child remains at the centre of all that the Croydon Council does. In circumstances where the carer of the child is not eligible for a service or refuses a service offered, the carer and the child must be informed that the child can be assisted in his/her own right. 5

6 Most of the time ordinary residence is straightforward to determine, however there are sometimes cases where it is difficult to establish precisely where a person is ordinarily resident. Further detailed guidance can be found in Chapter 19 of the Care and Support Statutory Guidance issued under the Care Act We may give you information about, or put you in touch with other organisations which might be of help to you, both to those we continue to work with and those who we are unable to provide a service to. We cannot provide immigration advice and will always encourage you to seek advice from a solicitor or other person qualified and registered to give immigration advice. However, through our link with the Home Office via the NRPF Connect system, we are often able to receive direct information from the Home Office regarding your immigration application and status. We can accept referrals from professionals, or the individuals or families themselves. What are the things that you can do, to help us, to help you? be open and honest with us; tell us the truth, tell us about your situation and answer our questions fully; keep letters, bank statements and documents safely and have them ready to show us when we ask for them; stay in contact with your NRPF Immigration worker and social worker; and contact them by if this is possible; if you have news about your immigration/asylum application please tell us straight away; keep all appointments with us; keep all appointments as required by the Home Office; take legal advice about your immigration status; if you are at risk of losing your accommodation, please speak to us as soon as you can, before you have to leave; seek and accept support from your own network of family, friends, faith groups, charities and other organisations. 6

7 Subsistence Monies The provision of subsistence monies by the Council covers food, other essential items and some travel. Subsistence payments will usually be made in an emergency through temporary Tesco Cards or APS Cards (Advanced Payment Solutions prepaid cards) at the outset. With APS Cards, monies are loaded on to the card and people can use them in most shops where they accept VISA/MasterCard payments. Temporary cards do not have the facility to withdraw cash. After a period, service users are likely to be moved over to standard APS cards. There are two types of standard cards, one is used to buy goods and the other can be used to withdraw small sums of cash. At this time service users may be provided with one or two standard cards depending on their circumstances. Croydon Council has set subsistence rates but there is an element of flexibility built in to allow for exceptional circumstances and needs, as determined through assessment. Our subsistence rates were determined through a rigorous process which had due regard to the legal and other frameworks surrounding this area of provision. In particular regard has been given to Section 11 of the Children Act 2004 which places duties on a range of organisations and individuals to ensure that their functions and any services provided have regard to safeguard and promote the welfare of children; and the Public Sector Equality Duty which requires public bodies to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out their activities. The level of subsistence payment rates will be kept under review and will continue to be pegged to the Immigration and Asylum Act (1999), Section 4 (s.4) rates which are paid to destitute, refused asylum seekers by the Home Office. Please see the table on the next page. 7

8 Subsistence Payment Rates The Subsistence Payment Rates described below will depend on the eligibility and assessed needs of each individual or family. IASS will confirm the level of support provided to individuals and families with them. Circumstances Croydon Weekly Rate Adult (single person or lone parent) 40 Pregnant Woman 40 Couple (both 18+) Child between years old*** Child between 3-16 years old*** (clothing allowance)* = Child between 1-3 years old*** (clothing allowance)* = Child under 1yr*** (clothing allowance)* = Maternity Grant one off payment **** 250 Additional assessed needs e.g. travel. Additional clothing e.g. school uniforms Child additional payments for items which are not essential living needs People in care homes Carers needs Freedom Pass Decided on a case by case basis** Decided on a case by case basis** Decided on a case by case basis** and some referrals may be made to charities for additional support. Children all children are to be treated equally and it is recognised that the welfare and best interests of a child are not just limited to essential living needs. Everything is provided for people in care homes apart from clothing, toiletries and other personal expenses. 10 Minimum but decided on a case by case basis** Decided on a case by case basis** A Freedom Pass is available to older people and disabled people living in London. The pass can be used to gain free travel on most public transport across London but there are a few exceptions. Individuals who are likely to be eligible will be supported to apply by the IASS. Receipts should be requested for items purchased with any additional payments as marked in blue above. * Additional weekly support for children s clothing is granted to meet the additional needs of growing children. This is in line with the additional support which may be granted on application under the Immigration and Asylum (Provision of Services or Facilities) Regulations ** Based on assessed needs *** There are differential rates paid in respect of children of different ages. It is primarily the responsibility of the parent(s) to inform the service when their child is coming up to a threshold birthday when their subsistence rate will change. Threshold birthdays are: 1 st, 3 rd and 16 th birthdays. If arrangements are not made to reduce payments as the child gets older and the family is overpaid, the overpayment will need to be recovered from them. **** Pregnant women may request the Maternity Grant from 29 weeks gestation up until their child is 3 months old. 8

9 APS Cards We use Advanced Payment Solutions (APS) prepaid cards as the main method of delivering subsistence monies to our clients. APS cards are provided to clients to meet their basic assessed needs (e.g. food, toiletries, etc.). Only monies loaded on to the cards can be spent; there is no facility for over-drawing or using as a credit card, nor are direct debits or standing orders allowed to be created. As a council we need to ensure that we monitor how monies given are spent, as we only have a duty to provide monies at a subsistence level to our clients to prevent destitution. Spending on luxury items would indicate that the client has access to other monies which they should draw on to meet their basic needs, rather than take money from the Council. As clients are required to declare a change in circumstances and any additional monies they receive, luxury spending might indicate that they were obtaining monies from the Council fraudulently. We also need to ensure that our clients are making the best use of their subsistence monies and support them if they need help with budgeting. The APS system allows us to monitor transactions through an easy to use on-line system. Accounts are updated immediately i.e. in real-time and reports can be downloaded from the Secure Server. There is also the facility to set alerts which can be triggered e.g. unusual spending activity. The APS system allows us to load money on to the cards quickly and easily and suspend cards if there are concerns. It takes a minimum of eight weeks to set someone up on the standard system and for them to receive their personalised APS cards; during this time people are given Tesco Cards/Vouchers or a temporary APS card to tide them over. We will try our very best to put the personalised APS cards in place as soon as possible, but cannot make guarantees about when they will be ready. At times we may have concerns, in these cases Tesco Cards are likely to be provided instead of APS cards. Temporary cards do not have the facility to withdraw cash. When people go over to standard APS cards those who are provided with two cards will have one for use to buy essential items and another where small sums of cash may be withdrawn. Service users may be provided with one or two standard cards depending on their circumstances. 9

10 Where can you find us? Bernard Weatherill House 8 Mint Walk Croydon CR0 1EA What are our opening hours? Monday to Friday from 9am to 4pm apart from Bank Holidays when we are closed. How can you contact us? Through the Council s main telephone number ; please ask for the Immigration and Asylum Support Service. Or Referral.team2@croydon.gov.uk Or you can come in to Access Croydon at Bernard Weatherill House and ask to see someone from our team. We are often busy and we may not be able to see you straight away and so would advise you to contact us beforehand to arrange an appointment. Please also note that Access Croydon closes at 4pm. What can you do if we are closed, you need help in an emergency and you are worried about someone s safety? You can still telephone and you will be directed to someone you can speak to. Immigration and Asylum Support Service Guidance This guide provides a summary of our Immigration and Asylum Support Service Guidance; if you would like to see the full version of this, please make a request to the team manager using one of the contact methods above. 10