Summary of Key Points

Transcription

1 NRPF Network s Submission to Home Office Consultation: Together we can end Violence against Women and Girls May 2009 Table of Contents Summary of Key Points...1 No Recourse to Public Funds (NRPF) Network...1 What is NRPF?...2 Key issues for women fleeing domestic violence who have NRPF...2 Impact on Public Services...3 Interpersonal Violence Unit Proposals...4 Summary of Key Points Women with no recourse to public funds (NRPF) who experience domestic violence are particularly vulnerable on account of their immigration status. The NRPF condition imposed on them during their stay in the UK presents a major obstacle in progressing in the goal to protect women and children across the UK from violence. The particularly vulnerable situation of women on spousal visas who fall victim to domestic violence needs to be acknowledged in this strategy. Funds need to be provided upfront to enable local authorities, refuges and voluntary agencies, to house women and children who have NRPF at the point of fleeing violence. Funds should cover the period of time it takes to collate evidence of domestic violence required to support Domestic Violence Rule applications to the Home Office. No Recourse to Public Funds (NRPF) Network The NRPF Network is a network of local authorities focusing on the statutory response to people with care needs who have no recourse to public funds. The Network, established in 2006, aims to share information and good practice amongst local authorities, work with government departments to raise practical and policy issues and to develop a strategic response to NRPF. There are over 1100 members of the NRPF Network representing local authorities, the voluntary sector, central government, the police and the NHS. Many of our members work with people who have NRPF and are particularly vulnerable on account of having a community care need which makes them eligible for local authority support under Section 21 National Assistance Act 1948 or if they have children, under Section 17 Children Act. 1

2 The NRPF Network runs an information and guidance enquiry line, provides training to local authorities, researches the scale and nature of NRPF, works with government departments on a number of policy concerns and provides information on developments in case law, policy and good practice. Evidence to support this submission has been drawn from the work of the NRPF Network in supporting local authorities and other agencies working with women and children who flee domestic violence and have NRPF. For more information, see: What is NRPF? No recourse to public funds applies to a person who is subject to immigration control; does not have the right to work; 1 and has no entitlement to welfare benefits, public housing or UKBA asylum support. The NRPF policy affects a wide range of people who are subject to immigration control, including refused asylum seekers, visa overstayers, post- 18 former unaccompanied asylum seeking children, people in the UK on spousal visas and some European Economic Area (EEA) nationals. 2 Case law has ruled that those who are destitute and in the country lawfully are entitled to local authority support where they are assessed as being in need of care and attention (National Assistance Act, 1948 (NAA)) or, if they are in the country unlawfully, where it would be a breach of their human rights to withhold or withdraw support (Human Rights Act, 1998). Individuals with mental health problems, physical health problems, older people and those suffering domestic violence may be entitled to local authority services under social services legislation. In addition, support may be provided by a local authority to a family under the Children Act 1989 (CA) where a child is found to be a child in need. Due to complex and overlapping community care, immigration and human rights legislation, many people are found to be ineligible for local authority assistance. Those who do not qualify may become destitute and/or street homeless. Others will become hidden homeless, staying for example with family or friends, or in mosques or churches. Key issues for women fleeing domestic violence who have NRPF Women fleeing domestic violence who have NRPF may be accommodated and supported by the local authority under social services legislation if they meet the threshold for support under Section 21 NAA if they are a single adult, or if they have a child, under Section 17 CA. The threshold for support 1 People granted leave as spouses or civil partners and those on valid work visas are permitted to take up employment 2 The term migrant will be used henceforth to refer to these groups collectively. 2

3 under Section 21 NAA is relatively high; few single women referred to social services departments meet this threshold and they may consequently become destitute. For those with children, the local authority is more likely to have a duty to provide a service to the whole family to prevent the child becoming a child in need due to destitution. Women in the asylum process have recourse to accommodation and subsistence support from the UK Border Agency. However, many women fleeing domestic violence have come into the UK on spousal visas to join a British husband or a husband with indefinite leave to remain (ILR) and are ineligible for support from the UK Border Agency. Although they have the right to work, they do not have recourse to any statutory support and may not have friends/family or community groups that can help them. Consequently, many women with NRPF fleeing domestic violence are referred to social service departments for support. Women fleeing domestic violence with NRPF often approach refuges, but are often turned away because refuges depend on housing benefit to fund their services. In many cases, women are returning to abusive situations because they have nowhere else to go. Local authorities receive no statutory guidance from central government on their duties to support people with NRPF. This has resulted in considerable confusion around eligibility for support and legislation being inconsistently applied across local authorities. The NRPF Network receives approximately 60 enquiries a month from organisations that are unclear about the eligibility of clients referred to their services for support. In 1999, the government introduced a concession for women fleeing domestic violence who are in the UK on spousal visas, enabling them to apply for indefinite leave to remain (ILR). This was incorporated into the immigration rules in 2002, which gave applicants a right of appeal on a negative decision. The Domestic Violence Rule gives women in this situation an opportunity to stay in the UK and if successful in their application, they can access mainstream benefits and public housing. Whilst the application is pending however, they have NRPF. There is much to be commended in the consultation document, with progress on a number of issues facing women and children who experience violence. However, due to the NRPF policy, the situation of this group presents the biggest challenge to progress in ensuring the safety of women and children experiencing domestic violence in the UK. Although the Home Office are due to announce proposals to reimburse organisations for supporting women in this situations (more details below), the proposals do not go far enough. Impact on Public Services Research conducted by the NRPF Network during 2008 found that 48 local authorities were supporting almost 4,000 people with NRPF at a minimum 3

4 cost of 33.4 million a year. This is an increase of 8% on expenditure incurred in the financial year 2006/07. Forty eight local authorities from across the UK provided data for financial years 2006/7 and 2007/8, looking at numbers being supported and expenditure across children s and adult services. 3 This only covers accommodation and subsistence costs and does not take into account additional costs such as staffing and legal costs. The sum therefore represents a minimal possible cost. Numbers of adults being supported decreased slightly (by 2.2%) from 2006/7 to 2007/8, whilst numbers of families being supported increased more dramatically (by 10.7%). The data did not disaggregate the number of individuals or families being supported who were fleeing domestic violence, however anecdotally we are aware that this group constitutes one of the main categories of clients with NRPF supported by local authorities. Limited funds for support provided to women experiencing domestic violence are to be given to local authorities and other organisations providing accommodation and subsistence support to this group (more detail below). These funds will constitute a fraction of the total costs local authorities incur in supporting people with NRPF. Interpersonal Violence Unit Proposals The NRPF Network has been working closely with the Interpersonal Violence Unit (IVU) at the Home Office to develop proposals to release funds to organisations supporting women with applications pending under the Domestic Violence Rule. Up to 1000 per individual will be retrospectively paid to the supporting organisation (local authority or refuge) if their application under the DVR is successful. This is based on the understanding that applications submitted with the necessary supporting documentation will take no more than 20 working days to process. The NRPF Network welcomes these proposals as an acknowledgement of the vulnerable situation of this client group and of the financial pressures facing local authorities in regards to NRPF. It should be emphasised that the funds offered to local authorities represent a fraction of the total costs incurred by authorities in supporting people with NRPF and will not cover the entire cost of supporting victims of domestic violence with applications pending under the DVR. Providing such support runs at a loss to local authorities and costs are most often met through Council Tax payments. The Network is concerned the proposals fail to fully protect women and children fleeing domestic violence. Crucially, funds need to be provided 3 There are 204 local authorities with social services responsibilities in England, Scotland and Wales. 4

5 upfront to enable local authorities, refuges and voluntary agencies, to house women and children at the point of fleeing violence. Funds should cover the period of time it takes to collate evidence of domestic violence required to support DVR applications. Retrospective payments should be based on the number of individuals being supported, not on a per-case basis. For women with several children the 1000 potentially available has to cover the entire family and is unlikely to meet the costs of supporting a large family. Payments should be tied to the DVR application process such that women, and where applicable, children, can be supported throughout the decision making process where this takes longer than the anticipated 20 working days. 5