Assessing and supporting children and families who have no recourse to public funds
Practice guidance for local authorities
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Provided by:
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2 October 2024
Contents
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1.
Introduction
1.1 Legislative, policy and practice context
1.2 How section 17 applies to families with NRPF
1.3 How to use this guidance
1.4 Terminology
2.
Key practice points
3.
Immigration status and entitlements
3.1 Who has no recourse to public funds?
3.1.1 Leave to enter or remain with NRPF
3.1.2 No lawful status
3.2 What are ‘public funds’?
3.3 Pre-settled status and benefit entitlement
3.4 Accessing benefits
3.5 Accessing homelessness assistance
3.6 Accessing other services
3.7 Confirming immigration status
4.
Initial considerations
4.1 Early intervention and homelessness prevention
4.1.1 Early help
4.1.2 Housing duties
4.1.3 Signposting information
4.2 Interim support: meeting urgent need
4.3 Human rights assessments
4.4 Asylum-seeking families
4.4.1 Home Office asylum support
4.4.2 Families eligible for section 95 support
4.4.3 Families eligible for section 4 support
4.4.4 Children living in Home Office accommodation
4.5 Pregnant women
5.
Duty to assess need
5.1 Timeframe
5.2 Threshold to undertake a needs assessment
5.3 Which authority is responsible for assessing need?
5.4 Reassessing need
6.
Assessing need
6.1 Statutory requirements
6.1.1 Identifying a lead practitioner
6.2 Impact of homelessness or the parent having insufficient income to meet the child’s basic needs
6.3 Assessing the parent’s financial means
6.4 Addressing information gaps and credibility
6.5 Impact of immigration-based exclusions
6.5.1 Parents with leave to remain
6.5.2 Parents with a student or work visa
6.5.3 Parents without lawful status
7.
Meeting needs: accommodation
7.1 General considerations
7.2 Self-contained privately rented accommodation
7.3 Local authority temporary accommodation
7.4 Refuges and housing managed by the voluntary sector
7.5 B&B and hotel accommodation
7.6 Out-of-area placements
7.6.1 Accommodation offers
7.6.2 Managing risks
7.7 Accommodation procurement models
8.
Meeting needs: subsistence
8.1 Developing a subsistence policy
8.2 Statutory requirements
8.2.1 Support for families with leave to remain
8.2.2 Support for families without lawful status
8.3 Setting minimum rates
8.3.1 Asylum support
8.3.2 Benefit rates
8.3.3 Other income thresholds
8.3.4 Utilities and council tax
8.4 Supporting additional family members
8.5 Reviewing existing support rates
8.6 Administering payments
8.7 Additional support for families
9.
Pathways off support
9.1 Introduction
9.2 Immigration advice
9.2.1 Who can provide immigration advice
9.2.2 Signposting to an immigration adviser
9.2.3 What you can do if you are not an OISC adviser
9.3 Immigration routes
9.3.1 Leave to remain with NRPF
9.3.2 Victims of domestic abuse
9.3.3 Pre-settled status
9.3.4 Families without lawful status
10.
Withdrawing support
10.1 When section 17 duties end
10.2 Notice periods
10.3 Referrals to a housing authority
10.3.1 Duty to refer
10.4 Accessing DWP benefits
10.4.1 Claiming universal credit
10.5 Opening a bank account
10.6 Accessing Home Office asylum support
10.7 Assistance with return
10.8 Children approaching 18
10.9 Signposting to prevent future homelessness
11.
Wales
11.1 Public funds
11.2 Children’s social care support for families with NRPF
11.3 Assessing need
11.4 Interim support
11.5 Meeting needs
11.6 Human rights assessments
11.7 Accessing immigration advice
12.
Scotland
12.1 Public funds
12.2 Children’s social care support for families with NRPF
12.3 Assessing need
12.4 Meeting needs
12.5 Human rights assessments
12.6 Accessing immigration advice
13.
Northern Ireland
13.1 Public funds
13.2 Children’s social care support for families with NRPF
13.3 Assessing need
13.4 Meeting need
13.5 Human rights assessments
13.6 Accessing immigration advice
Acknowledgements