When and how to undertake a human rights assessment
Practice guidance for local authorities
View all practice guidance
Provided by:
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14 October 2021
Contents
1.
Introduction
1.1 Supporting people with no recourse to public funds
1.2 How to use this guidance
2.
Schedule 3 Nationality, Immigration and Asylum Act 2002
2.1 What is the purpose of Schedule 3?
2.2 How does Schedule 3 apply in practice?
2.3 Who can undertake the assessment?
2.4 When and how should the assessment be recorded?
2.5 How is the template structured?
2.6 What are the possible outcomes?
3.
Initial information
3.1 Eligibility for social services’ support
3.2 Establishing destitution in the UK
3.3 Excluded groups
4.
Barriers to return
4.1 Legal barriers
4.2 Practical obstacles
4.3 Conclusion and next steps
5.
Considering return
5.1 Home Office decisions
5.2 Identifying a human rights breach
5.3 Conclusion and next steps
6.
EEA nationals
6.1 When does Schedule 3 apply to an EEA national?
6.2 When can a human rights assessment be undertaken?
Appendix A: summary table
A.1 Table: benefit entitlement and establishing eligibility for social services’ support
Acknowledgements