3.2.1 Services to Children and Families who are not UK Citizens |
SCOPE OF THIS CHAPTER
This chapter was revised in October 2008. Arrangements for Unaccompanied Asylum Seeking Children are dealt with in a dedicated chapter: Supporting Unaccompanied Asylum Seeking Children
This chapter refers to services provided to children and families who are not UK Citizens and who are referred to social services or who request an assessment for a service. Regardless of other issues that relate to the family, the welfare of the child remains the paramount consideration.
This chapter should be read in conjunction with the Matrix showing access to support.
Contents
- Introduction and Definitions
- Scope of this Chapter
- Eligibility for Service from the Immigration and Asylum Unit
- Initial Assessment
- Children in Need Criteria
- Provision of Services
- Refusal of Services
- Withdrawal and Withholding a Service
- Review of Services
- Transfer of Cases to Other Teams
1. Introduction and Definitions
The Immigration and Asylum Unit is based in Olicana House and provides services to eligible people of all ages. It is managed within Adults and Community Services.
The Unit provides support in the form of accommodation and subsistence allowance to persons subject to immigration control who are destitute, suffering severe hardship or who are chronically sick or disabled.
This includes families with children and adults.
Matrix showing access to Social Care Services support for non UK nationals |
The Immigration and Asylum Unit must have key responsibility or an involvement logged with all cases involving families with children who are non UK citizens. |
“Section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002 and the associated regulations prevents local authorities from providing support under certain provisions, including section 21 of the National Assistance Act and section 17 of the Children Act, to:
“Unless, to withhold support would breach the rights and freedoms of the individual set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms.” (Housing, Homelessness, Asylum Seekers and People from Abroad, Housing Law Training).
Financial support is only given to claimants destitute at the time of the claim. |
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Immigration Status: |
Present policy (subject to the exclusions above |
Person fleeing domestic violence with dependent children |
Support in accessing UK Border Agency funded support whilst application made for leave to remain in the UK under domestic violence rules is being considered Support following UK Border Agency funded support if no decision on the outstanding application has been made within UK Border Agency timescales |
| Failed asylum seeker | Support whilst application for Asylum Support (Section 4) support processed |
Person with Leave to remain in the UK |
Support whilst applying for a National Insurance number and benefits |
Person refused Asylum Support or awaiting Asylum support dispersal |
Support till immigration status changes or Asylum Support disperses |
Immigration Status: |
Service Implication (subject to the exclusions outlined): |
| Refugee | To be supported until a benefit application is made |
Nationals of the European Economic Area (EEA) States |
Support to return to their country of origin, with very short term accommodation for those with dependent children until travel can be arranged |
| Local authorities are legally obliged to immediately notify the Home Office of any applicants in the excluded categories whom they can not support. | |
2. Scope of this Chapter
For the purposes of this chapter, a ‘family’ refers to one or more adults aged 18 or over accompanied by one or more children under the age of 18, where the child or children is/are listed as dependants on the adult’s documentation. (However there are some people who have no documentation when they enter the country but then go on to have children)
In all such referrals, the Procedures in relation to Initial Assessments as set out in Initial Assessments Procedure will apply.
This chapter outlines the additional procedures to be followed in cases of persons subject to immigration control and the interface between the Immigration and Asylum Unit and other Units within the Children and Families Service in relation to such referrals. It does not include all the detailed guidance, which the Immigration and Asylum Unit will follow in relation to its assessments.
3. Eligibility for Service from the Immigration and Asylum Unit
To be eligible for a service from the Immigration and Asylum Unit, persons subject to immigration control should:
- Have no recourse to public funds
OR - Be in a situation where it has been assessed that in not providing support, Children's Social Care Services would be breach of the European Convention on Human Rights and/or Community Treaties,
AND - Be destitute or suffering severe hardship or be chronically sick or disabled.
In addition, the family must be ordinarily resident in Bradford.
In relation to all new referrals to the Immigration and Asylum Unit, the duty worker must complete a Referral Form, and check all Home Office documentation and evidence that the family or young person has resided in the district. Prior to any service being provided, the individual must provide proof of their ordinary residence, immigration status and nationality. The following documents are to be regarded as proof:
- Full current passport
- Birth Certificate; or
- Original Home Office document confirming immigration status.
Only original documents are acceptable. Photocopies are not acceptable. Where an individual is unable to produce documentation to prove their eligibility for support none can be offered, other than the minimum necessary under their ECHR or treaty rights.
In relation to those who do not meet the criteria for the Immigration and Asylum Unit, but where the referral appears to concern a Child in Need, the Immigration and Asylum Unit will refer the case to the relevant Referral and Assessment Unit.
4. Initial Assessment
In all cases where a referral concerns a child, the Unit will carry out an Initial Assessment in accordance with the procedures set out in Initial Assessments Procedure to determine whether he or she is a Child in Need.
An interpreter will be used to assist in all assessments if required.
The caseworker must complete an Initial Assessment Record in all cases.
5. Children in Need Criteria
The Initial Assessment will address whether the children of the family subject to immigration control satisfy the criteria for services to Children in Need.
See Initial Assessments Procedure.
If the reason for the referral is that the family has no means of income, the family must provide evidence to confirm this, for example a letter from the DWP refusing benefits. They should also provide a letter from a solicitor dealing with their case, utility bills with their name and current address and all up to date Home Office documentation
Where there are concerns that a child has suffered or is at risk of suffering Significant Harm, the case will not be managed by the Immigration and Asylum Unit. The case will be transferred to the team for the area in which the family is resident. The area team should continue to liaise with the Immigration and Asylum Unit.
Where necessary, the relevant managers will discuss and agree the role of the Immigration and Asylum Unit in the management of the case.
In cases where the circumstances warrant a Child Protection Enquiry, the case will be not managed by the Immigration and Asylum Unit. The case will be transferred to the area team in which the family are resident. The area team should continue to liaise with the Immigration and Asylum Unit.
6. Provision of Services
Where a Referral or Initial Assessment identifies that a person subject to immigration control is in need of services, the family should be provided with information about the services available to them from the Unit and other agencies.
Where there is an intention to provide a service to a family, a Child in Need Plan will be be completed. See Child in Need Plans and Reviews Procedure
The family will also be given assistance to register with a GP and dentist, and enrol in a local school or college.
Accommodation requirements will be considered along side the other assessed needs that the service user may have.
Where the Initial Assessment identifies that a child needs to be Looked After, the case responsibility transfers to the relevant LAC Unit.
If a family is assessed to be in need of financial support, the appropriate allowance will be calculated (both regular payments and/or one-off payments as appropriate).
Where the referral concerns a Disabled Child, the caseworker should seek advice and assistance from the Children’s Complex Health and Disability Team.
7. Refusal of Services
The circumstances in which a family may be refused a service are:
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Where an Initial Assessment identifies that a person subject to immigration control does not meet the criteria for a service from the Immigration and Asylum Unit, but appears to be in need of services, the Unit will refer the family or young person to the Refugee Council, Asylum Support, an appropriate voluntary agency or the relevant Referral and Assessment Unit for the relevant area.
The Immigration and Asylum Unit worker may make an appointment for the family and advise them of the name, address (including a map where necessary) and contact number of the person with whom the appointment has been made.
In all cases where a service is to be refused, the caseworker must consult his or her manager before the decision is made and the letter confirming the decision is sent. Any correspondence received in relation to the decision should be referred to the manager.
8. Withdrawal and Withholding a Service
The provision of a service is dependent on the person subject to immigration control continuing to qualify for the service and/or meeting the local authority’s requirements, for example, where the family does not keep the Department informed on their immigration status, or where the family is evicted from accommodation due to their conduct or behaviour or fail to attend appointments.
If a family refuses to accept a service, or a service is to be withdrawn or withheld and a child may suffer Significant Harm as a result, the case must be notified to the Referral and Assessment Unit to be considered for transfer.
The service should not be withdrawn or withheld without the agreement of the caseworker’s manager. Any such decision must be clearly recorded, with reasons.
Where a service is withdrawn, the caseworker should inform the Finance Office, if appropriate, immediately.
9. Review of Services
Services provided should be reviewed 6 weeks after the service is provided and at least every 6 months after this.
In advance of each review, the caseworker will send the family a Review Checklist setting out the documents which the caseworker requires to be produced at the review, such as confirmation of registration with a GP, enrolment at schools/college and updated information concerning their immigration status.
The family/young person should be invited to the review and an interpreter should be booked as necessary. At the review meeting, a record of the review should be completed and signed by the young person and the caseworker. The caseworker will then send the Review Form to the manager for comment and signature.
Where a review confirms the service, the Financial Assessment Form should be updated. Where additional support services are identified as necessary, the Plan should be updated to reflect this.
Where services are withdrawn as a result of the review, other service providers should be informed that this has been withdrawn.
If a young person within the family becomes 18, support may continue if the person has a need for "care and attention”. A Community Care Act assessment will be completed if necessary.
10. Transfer of Cases to Other Teams
A case should be transferred from the Immigration and Asylum Unit to the Referral and Assessment Unit where:
- the Immigration and Asylum Unit involvement with vulnerable children with additional needs prevents the completion or registration of a CAF assessment.
- The family is no longer subject to immigration control and/or not eligible for services from the Immigration and Asylum Unit but appear to involve a Child in Need.
- Where there is a concern that a child is or may be suffering Significant Harm including where a family refuses to accept a service and a child may suffer Significant Harm as a result.
- A child is included on the list for a child subject to a Child Protection Plan.
- A child of a family becomes Looked After.
- A family are refusing to accept a service and a child may suffer Significant Harm as a result.
- A service to be withdrawn or withheld and a child may suffer Significant Harm as a result.
A case should be transferred from the Immigration and Asylum Unit to the Children’s Complex Health and Disability Team where:
- The family/young person ceases to qualify for a service and
- There is a Disabled child within the family.
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