NRPF Network s Submission to Greater London Authority Consultation: The Way Forward: A Call for Action to End Violence Against Women July 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...3 Case Study...4 Data and Impact on Public Services...4 The Way Forward Strategy...5 Interpersonal Violence Unit Proposals...6 Summary of Key Points This submission focuses on the experiences of women who suffer domestic violence and have no recourse to public funds. 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 and the restrictions to statutory support attached to this, presents a major obstacle in the GLA s ambition for London becoming a lead on violence against women internationally. The particularly vulnerable situation of women on spousal visas who fall victim to domestic violence needs to be acknowledged in the GLA s strategy as there are substantial restrictions on the statutory support that can be provided to this group. The GLA should work with local authorities and other key partners, such as the Metropolitan Police and the voluntary and community sector, to disseminate NRPF Network guidance on assessing and supporting adults and children and families with NRPF fleeing domestic violence. 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. 1
There are almost 1300 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. 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; and from consultation with social workers and local authority case workers across London boroughs, in particular Islington Council s NRPF team. For more information, see: www.islington.gov.uk/nrpfnetwork 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 (or where applicable, under the Mental Health Act). In addition, support may be provided by a local authority to a family lawfully in the UK 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 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
homeless. Others will become hidden homeless, staying for example with family or friends, or in mosques or churches. The NRPF Network has produced practice guidance for local authorities on assessing and supporting adults and children and families with NRPF. These are available to download on the following webpage: http://www.islington.gov.uk/health/servicesforadults/nrpf_network/policy_gui dance.asp 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. 3 The threshold for support 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, many women on spousal visas lack English language skills; employment skills; and have childcare restrictions and this impacts upon their ability to exercise this right. In addition, 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 services departments for support. Women fleeing domestic violence with NRPF often approach refuges, but are often refused accommodation 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 80 100 enquiries a month from organisations that are unclear about the eligibility of clients referred to their services for support. 3 It should be noted that local authorities may receive referrals from men on spousal visas fleeing domestic violence, although this is in the minority of cases. The GLA strategy may want to acknowledge such scenarios and incorporate strategies to consider their needs. 3
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. The Home Office are due to announce proposals to reimburse organisations for supporting women in this situation (more details below). The proposals however do not go far enough. Case Study Mrs A came to the UK from Pakistan in August 2007 on a spousal visa to join her husband. In October 2008 she fled her husband and her in-laws after being subjected to repeated violent assaults and being admitted to hospital with serious injuries. She sought shelter at a local refuge but was refused support because she had no recourse to public funds and the refuge could not claim housing benefit for the costs of supporting her. She slept on her friend s sofa and was advised by the local law centre to apply for indefinite leave to remain (ILR) under the Domestic Violence Rule. Subsequently, her friend s husband threw her out of the house and she came to the attention of social services, who said that she wasn t entitled to support under the National Assistance Act 1948 because does not have a need for looking after. 4 She is currently sleeping at a night shelter that cannot support her in the long term and she is experiencing difficulty collecting the necessary evidence for her Domestic Violence Rule application. Data and Impact on Public Services The NRPF Network and Community Safety Partnerships Unit at Islington Council submitted a report to the Home Office and (former) Border and Immigration Agency (now UK Borders Agency) in February 2008 with recommendations for an effective response to the situations of individuals from abroad who become victims of domestic violence but have no recourse to public funds. Data were gathered from 11 refuge service providers across London. The report found that many local authorities are reporting increasing requests for support from women who are fleeing domestic violence and have NRPF. In the period 2006/7, 223 women in this category requested refuge space however only 19 (8.5%) of them were accepted for support. Of the women 4 See NRPF Network Practice Guidance Assessing and Supporting Adults with No Recourse to Public Funds for more details: http://www.islington.gov.uk/downloadabledocuments/healthandsocialcare/pdf/adult s_nrpf_guidance.pdf 4
supported, 60% were funded by Social Services, 30% by the refuges themselves and 10% by other. Only three of those accepted for support did not have children. Although the Home Office reports that applications for Indefinite Leave to Remain (ILR) under the Domestic Violence Rule are processed within 28 days, the research found that women waited 7-12 months for the outcome of their application. During this time, they are not entitled to public housing provision or welfare benefits. Research conducted by the NRPF Network during 2008 found that 48 local authorities were supporting almost 4,000 people with NRPF at a minimum 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. 5 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 (and the voluntary and community sector) incur in supporting people with NRPF. The Way Forward Strategy Although the situation facing women fleeing domestic violence and have NRPF is acknowledged in this strategy, there is no link made between this group and the duties of local authorities and more specifically, social services departments. The role local authorities play in this regard should be acknowledged by the strategy, in addition to the relationship social services departments have with refuges and service providers in the voluntary sector. For example, research conducted by the NRPF Network and Islington Council 5 There are 204 local authorities with social services responsibilities in England, Scotland and Wales. 5
found that 60% of refuge places provided to women with NRPF in London are funded by social services departments. 6 Objective two of the strategy regarding improving access to support is limited by statutory bars on access to support for women with NRPF. The strategy states: The Mayor calls on key agencies, local authorities and government to respond to the needs of women experiencing violence through the provision of high quality core support services with equitable access across London. For women with NRPF, local authorities are restricted by immigration legislation from providing core services, including accommodation. Furthermore, because the government does not issue statutory guidance to local authorities on their duties to support people with NRPF, there is inconsistency in local authority practice in this area. 7 Objective three of the strategy considers the housing needs of women fleeing violence, but fails to acknowledge statutory bars on women with NRPF accessing public housing. Where local authorities cannot provide accommodation and subsistence for women in this situation due to statutory restrictions, this results in destitution, insecure housing arrangements with friends/family, or in some cases, women returning to abusive partners/in laws. The strategy should highlight the need for the Metropolitan Police, especially domestic violence coordinators based within police units, to be equipped with the knowledge of how and when social services can help victims of domestic violence with NRPF or when they cannot. The NRPF Network would be happy to work with the GLA and ACPO to publicise its services and guidance to partners in the Metropolitan Police. Practice guidance for local authorities on assessing and supporting adults and children and families with NRPF has been produced by the NRPF Network. The GLA should endorse the NRPF Network s practice guidance and promote the guidance to its partners and stakeholders. The Appendix to this document outlines the Home Office proposal to partially reimburse local authorities and refuges for the support they provide to victims of domestic violence with NRPF. The GLA should adopt a stance on these proposals and incorporate this within the strategy. APPENDIX Interpersonal Violence Unit Proposals The NRPF Network has been working closely with the Interpersonal Violence Unit (IVU) at the Home Office since the ministerial announcement in March 6 Olvia Fellas and Harriet Wilkins (2008) Victims of Domestic Violence with No Recourse to Public Funds http://www.islington.gov.uk/downloadabledocuments/healthandsocialcare/pdf/nrpf_ victims_dv_nrpf.pdf 7 The NRPF Network was partly set up to create consistency across local authorities. 6
2008, 8 to develop proposals to release funds to organisations supporting women with applications pending under the Domestic Violence Rule (DVR). 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 that the proposals fail to fully protect women and children fleeing domestic violence. Crucially, funds need to be provided upfront to enable local authorities, refuges and voluntary agencies, to house women and children at the point of fleeing violence and to enable victims to flee abusive situations without the fear of becoming destitute. 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. The 'Campaign to Abolish No Recourse to Public Funds', which is led by Southall Black Sisters (SBS), has rejected the Home Office proposals. Twenty-seven women's, immigration and human rights organisations involved in the campaign state that refuges have insufficient funding to support women who have fled domestic violence prior to the decision on their immigration applications, and that the Home Office proposal will not work unless funding is available to support the victims up front to enable them to escape an abusive situation. The Campaign highlight evidence to support this argument stating that when SBS set up a small fund to pay rent and subsistence for victims of domestic 8 http://www.publications.parliament.uk/pa/cm200708/cmselect/cmhaff/uc263- v/uc26302.htm 7
violence for up to six weeks, many refuges refused to house women on the grounds that, due to their duty of care, they would not be able to evict them at the end of this period, indicating that refuges will be even less likely to support a woman on a limited backdated basis. The Campaign state that the most effective and humane way of dealing with the problem is to exempt victims of domestic violence and other forms of gender based violence from the no recourse requirement. The proposals were due to be rolled out nationally in May 2009, but are currently with ministers due to the campaign rejecting the proposals. The Home Office have stated that there is no updated release date for these proposals. 8