When and how to undertake a human rights assessment
Practice guidance for local authorities
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Provided by:
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14 October 2021
Contents
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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
3.1.1 Table: Applicable legislation by household type
3.1.2 Families
3.1.3 Care leavers
3.1.4 Adults with care needs
3.1.5 People accommodated on public health grounds during the Covid-19 pandemic
3.2 Establishing destitution in the UK
3.3 Excluded groups
3.3.1 When is a person ‘in breach of immigration laws’?
3.3.2 When is a person not in an excluded group?
3.3.3 How to check immigration status with the Home Office
4.
Barriers to return
4.1 Legal barriers
4.1.1 Outstanding human rights application
4.1.2 Outstanding human rights appeals and procedural rights
4.1.3 Asylum claims and further submissions
4.1.4 Other legal action
4.2 Practical obstacles
4.2.1 Medical/ health needs
4.2.2 Travel documents
4.2.3 Funding a return
4.2.4 Other practical obstacles
4.3 Conclusion and next steps
4.3.1 Possible outcomes
4.3.2 Next steps when a barrier to return is identified
5.
Considering return
5.1 Home Office decisions
5.1.1 Obtaining Home Office decisions
5.1.2 Immigration advice
5.2 Identifying a human rights breach
5.2.1 Protection (asylum) grounds
5.2.2 Medical cases
5.2.3 Family and private life
5.2.4 Country of origin information
5.3 Conclusion and next steps
5.3.1 Next steps: immigration advice is required
5.3.2 Next steps: return to country of origin
6.
EEA nationals
6.1 When does Schedule 3 apply to an EEA national?
6.2 When can a human rights assessment be undertaken?
6.2.1 Pending ‘in-time’ application (made before 30 June 2021)
6.2.2 No pending application
6.2.3 Pending late application (made after 30 June 2021)
6.2.4 Application refused or late application not accepted
6.2.5 Visa overstayer (entered on or after 1 January 2021)
Appendix A: summary table
A.1 Table: benefit entitlement and establishing eligibility for social services’ support
Acknowledgements