A Practical Guide to the Availability of Local Authority Support for People from Abroad

Over the past 20 years or so the issue of immigration status has become increasingly relevant to a person’s entitlement to local authority support, and to the powers and duties of a local authority to provide services. This development spans a range of local government services including housing, children’s services, support to former looked after children, and adult social care. At the same time, the Immigration Rules have been the subject of numerous revisions, and the status of European Union nationals has ceased to be governed by the EU Treaties, but has become regulated by national legislation and policy. Understanding a person’s immigration status, and its impact on access to services, involves navigating a complex set of legislative provisions, including the obligations upon public bodies of compliance with the Human Rights Act 1998. This book aims to offer practical support to identify the local authority powers and duties which are affected by immigration status and to navigate the impact of such status on the provision of support across the areas of adult social care, children’s social care and housing assistance. It identifies the provisions by which central government supports persons from abroad (including support for asylum seekers and failed asylum seekers) and considers the impact of central government support upon local authority powers and duties. Its purpose is to link legislation, case law, statutory and non-statutory guidance and case law to assist those advising applicants as to their ability to access services and to assist local authorities to identify where their powers and duties lie. ABOUT THE AUTHOR Sian Davies is a barrister at 39 Essex Chambers with experience across the range of legal issues encountered by adult social services (including mental capacity), children’s services and housing departments, and is particularly experienced at dealing with cases involving immigration, asylum and EU law and the impact of such status upon access to services. She provides advice, representation and training to individuals, local authorities and health bodies and is a part time Judge of the First tier Tribunal (Mental Health). CONTENTS Chapter One – What Does ‘No Recourse to Public Funds’ (NRPF) Mean? Chapter Two – Eligibility Under the Housing Act 1996 (HA 1996) Chapter Three – The Care Act 2014 Chapter Four – Eligibility Under the Nationality Immigration and Asylum Act 2002 (NIAA) Chapter Five – Age Assessment and Duties to Children Under the Children Act 1989 Chapter Six – Human Rights Assessment Chapter Seven – Who Supports Those With Care and Support Needs, the Home Office or a Local Authority? Chapter Eight – Support for Families Under the Children Act 1989 Chapter Nine – The Localism Act 2011 Chapter Ten – The Immigration Act 2016 Chapter Eleven – Local Authority Duties to a Looked After Child in Relation to Immigration Status Chapter Twelve – Covid-19 and Support for Those Unlawfully Present / NRPF Chapter Thirteen – The Mental Capacity Act 2005 Chapter Fourteen – Powers and Duties to Those Who Are Victims of Modern Slavery or Human Trafficking