‘No recourse to public funds’

[Orang Utan]

I am so angry and ashamed. A mother came to my work today, with her toddler and 10 day old baby, after being made street homeless, and the council’s housing department won’t help because she has no recourse to public funds. She had the baby via caesarean so is also recovering from major surgery but they don’t seem to care. Hopefully social care will be able to step in as we can’t let her out of the doors and then go home and sleep. They’ve been here for six hours now and there are staff staying to sort it, but it should never have come to this. Raging.
Can anyone with better knowledge of emergency housing rights advise on what to do next time this happens?
I thought my council would leap to action but nope.

 

[platinumsage]

Should be via social services: Social services support for families | NRPF

 

[beesonthewhatnow]

purenarcotic tends to know about this sort of thing

 

[BigTom]

marty21 might have useful info too

no recourse to public funds usually (always?) means they are an asylum seeker waiting a decision so is there anyone who knows about immigration laws/rules?

 

[Pickman's model]

marty21

 

[purenarcotic]

Hi, just reading now.

 

[Edie]

Wow that’s terrible. Housing Options no help? (The terrible euphemism for going to queue up for emergency accommodation at Merrion House).

 

[captainmission]

Councils have a duty to act under section 17 of the Children Act 1989. The way to access that is making a referral to children's social care. Some councils may have a specific NRPF team. The duty will include accommodation and finical support depending on the circumstances. Housing will be provide outside of homelessness legislation.

However it is often the case the social services are reluctant to act - on the basis there is family or friends that will step in and provide support. So you may need to put pressure on them to do anything.

The mother may also want to speak to an immigration adviser, as depending on the nationality of the child, her immigration situation ma have changed.

Also if the councils homelessness department was aware a mum and baby were street homeless and didn't make a referral to social services themselves the mum may want to make a complaint herself as they have a child safeguarding responsibility.

 

[purenarcotic]

Unfortunately she has been given the correct decision by housing. Someone with no recourse to public funds is not eligible for housing support. However, because she has a child there is a statutory duty on Children’s Services to provide accommodation and subsistence support through S17 of The Children Act as a child without a home is automatically defined as a Child In Need (S17 deals specifically with this). Some local authorities are better than others at upholding their legal duty and sometimes you have to start legal proceedings to get them to fund.

It is imperative she seeks some immigration advice to see if she can regulate her status to access public funds. I do not know Leeds at all but things to google would be ‘immigration centre Leeds’ or ‘law centre Leeds’ or similar to find something. Obviously the priority is getting Children’s Services to fund.

 

[purenarcotic]

I can send you some of the case law we use when challenging children’s services which you can quote when speaking to them if they are being difficult in any way. Email would be easiest for me.

 

[purenarcotic]

marty21 might have useful info too

no recourse to public funds usually (always?) means they are an asylum seeker waiting a decision so is there anyone who knows about immigration laws/rules?

Not at all. The majority of no recourse will be on visas. Visitor Visa, Student Visa, Spousal Visa etc all are no recourse to public funds. Asylum seekers are entitled to asylum support and housing which is not quite the same as no recourse but has some similarities.

 

[Orang Utan]

Wow that’s terrible. Housing Options no help? (The terrible euphemism for going to queue up for emergency accommodation at Merrion House).

Nope, they don’t seem to give a fuck and they’re only reachable by phone at the moment. Social care are on it now, but I hope that does not mean the kids are taken into care

 

[purenarcotic]

EU Nationals don’t have recourse either unless they have got their Settled Status. Those on Pre-Settled Status may now be entitled even if they don’t have worker status / capacity to claim mirror rights after a recent ruling from the High Court but the DWP did not have to implement the ruling till end of Feb and may be appealing the decision. It’s an extremely hostile world for those subject to immigration control.

 

[purenarcotic]

Nope, they don’t seem to give a fuck and they’re only reachable by phone at the moment. Social care are on it now, but I hope that does not mean the kids are taken into care

This should not happen. There is caselaw to evidence they cannot do this. In the seven years I’ve dealt with these cases in Birmingham (national reputation for illegal responses) I have only had that threat made a handful of times. If that’s said or mentioned push back hard.

 

[Orang Utan]

This should not happen. There is caselaw to evidence they cannot do this. In the seven years I’ve dealt with these cases in Birmingham (national reputation for illegal responses) I have only had that threat made a handful of times. If that’s said or mentioned push back hard.

I’ll PM you in a bit

 

[purenarcotic]

Don’t waste your time with housing, the ineligible decision is correct if she’s no recourse. The focus is Children’s Services. Save yourselves the hassle.

 

[captainmission]

Nope, they don’t seem to give a fuck and they’re only reachable by phone at the moment. Social care are on it now, but I hope that does not mean the kids are taken into care

It would be highly unlikely for the kids to be taken into care unless there is other safeguarding concerns or she refuses an offer of housing.

 

[D'wards]

Salvation Army may be able to help in very short term

 

[Orang Utan]

They've been put up in a hotel tonight and social care are now involved, so that's a result of sorts. Still raging though.

 

[purenarcotic]

They've been put up in a hotel tonight and social care are now involved, so that's a result of sorts. Still raging though.

Excellent, sounds like they have accepted their legal duty. She should be allocated a social worker now for ongoing support till her status is resolved and she can access housing and benefits like everyone else. The system is vile, truly heartless.

 

[William of Walworth]

Respect to purenarcotic 's excellent-quality advice

Do you work in welfare rights ?

festivaldeb, my partner, has done so here in Wales for a long time, and often, including this morning, works with refugees (status) and asylum seekers (no resource to public funds ).

So she has loads of experience, knows her shit, etc.

And I'd be amazed of she didn't endorse, big-style, the above high-grade-narcotic posts

I'll check with her, when I ask for confirmation imminently .

 

[eatmorecheese]

Still makes me angry, this shit. There was a team in a London Borough I worked in called the 'No Recourse Team'. We called them the 'No Remorse Team'.

 

[purenarcotic]

Still makes me angry, this shit. There was a team in a London Borough I worked in called the 'No Recourse Team'. We called them the 'No Remorse Team'.

Hah, never a truer word spoken unfortunately.

 

[purenarcotic]

Respect to purenarcotic 's excellent-quality advice

Do you work in welfare rights ?

festivaldeb, my partner, has done so here in Wales for a long time, and often, including this morning, works with refugees (status) and asylum seekers (no resource to public funds ).

So she has loads of experience, knows her shit, etc.

And I'd be amazed of she didn't endorse, big-style, the above high-grade-narcotic posts

I'll check with her, when I ask for confirmation imminently .

I work for a DV organisation so welfare rights, housing, immigration, family law etc is all a part of the job. We’re not experts so do refer on but you pick plenty up.

 

[Orang Utan]

I’m amazed and appalled by this - gonna spend tomorrow afternoon reading up on it as i really should have known all of this.
Thanks for everyone’s input, esp purenarcotic

 

[eatmorecheese]

I’m amazed and appalled by this - gonna spend tomorrow afternoon reading up on it as i really should have known all of this.
Thanks for everyone’s input, esp purenarcotic

The hostile environment, writ large. This United Kingdom.

 

[purenarcotic]

I’m amazed and appalled by this - gonna spend tomorrow afternoon reading up on it as i really should have known all of this.
Thanks for everyone’s input, esp purenarcotic

Anytime

 

[marty21]

It isn't my area of expertise tbh, I deal with people after they have been housed. I do have colleagues who are experts though so can speak to them.

 

[skyscraper101]

This is why I love this place. So many good folk who are experts in their field, or who know someone who knows someone who is etc.

 

[Louis MacNeice]

What a beautiful bunch of human beings you are!

To see what can be achieved in just a couple of hours, from the initial concern, through the supportive responses and onto the useful, coherent and particular advice, it has brought a hopeful and angry pride to my heart.

And when anybody starts banging on about the evils of the internet and how much better off we were before communication electronically blossomed, I'll turn to this and the hundreds of threads like it for reassurance that we can be headed in the right direction.


Thank you OU and everybody else; I hope all is well with mum, toddler and baby - Louis MacNeice