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2.2.8 Families without Recourse to Public Funds

AMENDMENTS

This is a new chapter for May 2009.


Contents

  1. Introduction
  2. Eligibility Criteria
  3. Who is Eligible
  4. Who is not Eligible
  5. CNRPF Team: Specific Responsibilities


1. Introduction

This procedure applies to all families with children and expectant mothers who have no recourse to public funds (can not claim housing benefits, income support, child benefit, jobseekers allowance and are not allowed to work legally in the country) due to their immigration status, (subject to immigration control) who are referred to CYPS for assistance.

The principle behind the procedure is that a holistic Eligibility Criteria test and/ or Initial Assessment of children's needs should be made in all cases; services should be delivered to children in these families on the basis of need and should be provided through the appropriate social work teams. Provision of subsistence and housing support would be administered by the Corporate No Recourse to Public Funds (CNRPF) Team where eligibility criteria are met.

All referrals to CYPS regarding families who have children under 18yrs old would be made to the Duty and Intake Team (Referral and Assessment) or Hospital Social Work Team (for expecting mothers) as appropriate. This applies even where the sole presenting problem concerns income or housing.


2. Eligibility Criteria

Families referred to Duty and Intake Team and Hospital Out-Patients should be asked to supply proof of address and an eligibility criteria test and/ or Initial Assessment commenced only if their current or most recent address is in Lambeth. In all other cases a referral must be made to the relevant Authority.

An Initial Assessment should be undertaken by the R&A Teams in all cases where there are safeguarding/ child protection issues and in all cases where domestic violence is reported. A referral could then be made to the CYPS- CNRPF Team for a joint Core Assessment to address the immigration issues and establish whether the Local Authority has a duty to support the children and family.


3. Who is Eligible

To be eligible for care services from CNRPF Team, including accommodation and financial support, an individual with NRPF must be:

  • an adult, including adults with responsibility for children
  • ordinarily resident in the Local Authority area
  • destitute
  • assessed as having community care or mental health needs under the National Assistance Act 1948, or be someone whom there is a duty to support under the Children Act 1989
  • eligible for support under immigration law
  • someone who has to be supported to prevent a breach of their human rights, under the European Convention on Human Rights


4. Who is not Eligible

There are four categories of people who are excluded from support by immigration law. Section 54 of the Nationality, Immigration and Asylum Act 2002 placed a duty on Local Authorities to withhold or withdraw support from the following people:

  • nationals of the European Economic Area (other than the UK),
  • people with refugee status from an EEA state,
  • people unlawfully present in the UK (including those whose visas have expired),
  • failed asylum seekers who have refused to cooperate with removal directions 

The exception to this is where withholding or withdrawing care support would result in a breach of an individual's human rights (Schedule 3 of the Nationality, Immigration and Asylum Act 2002).


5. CNRPF Team: Specific Responsibilities

The operational role of the Team is to carry out assessments which establish whether there is a duty for the Local Authority to support the children and their families under section 17 and adults with care needs under section 21 National Assistance Act 1948 and/ or section 117 Mental Health Act 1983 or European Convention for Human Rights for people with no recourse to public funds (NRPF). Children in need and adults with care needs are mainly provided with accommodation and subsistence allowances.

CYPS CNRPF will be accountable for the following:

  • Initial and Core assessments (s17- CA1989) of children and families subject to immigration control regardless of whether the initial request arises in relation to an adult in the family
  • Co-ordinate pre-birth assessments with hospital team
  • liaison with ACS CNRPF to undertake FACS/ECHR assessments on adults in the child's family
  • synthesis of all assessments in respect of children and families
  • legal instruction where child in the household
  • where eligibility criteria are met in relation to children, CYPS Team Manager is responsible for transferring to mainstream CYPS teams and supporting ongoing case review in conjunction with mainstream teams

CNRPF will refer to the mainstream teams through Duty and Intake Team, cases in the course of assessment where it appears that children require safeguarding as defined by London-wide Child Protection procedures or statutory Looked After Children (LAC) services. CNRPF can retain the management of subsistence and accommodation as appropriate.

CNRPF will not case manage cases where referrals arise as a result of safeguarding concerns referred from elsewhere. In this instance CNRPF will provide and manage subsistence and accommodation on written agreement between Referral and Assessment and CNRPF Service Managers.

LAC expenditure will be met by the Children's Division in their entirety, and supported by operational protocol.

As described elsewhere in this specification, subsistence and accommodation costs for the family will be coded to CNRPF, but not LAC accommodation or specialist child focused services.

CYPS CNRPF will work in conjunction with cases subject to immigration control managed by mainstream teams and review cases to provide an update of immigration status and its implication for service delivery.

CNRPF will not accept referrals regarding the following:

  • Unaccompanied Children from Overseas
  • Young people subject to Leaving Care Act (2000), (including children being provided semi independence support- Hillingdon judgment may apply)
  • Looked After Children
  • Teenage mothers under 18 years with NRPF

Where eligibility criteria are met in relation to the child, but not the adult to a degree that a care package and ongoing social work support is required, the case will transfer to the appropriate mainstream team, and the review function will fall to CYPS CNRPF.

Where eligibility criteria are not met and withdrawal of services is postponed as a result of judicial action, it will fall to the CNRPF team responsible for the Initial Assessment to provide subsistence and accommodation until conclusion. Social work/care management will be the responsibility of the mainstream teams if they are involved post assessment, or if services beyond subsistence and accommodation are requested.

End