Family Rights Group :: Asylum Project

Asylum project

Summary

The Diana, Princess of Wales Memorial Fund has provided funding for Family Rights Group to run a three-year project to build on their existing expertise in child care law, policy and practice in order to provide a specialist advice and advocacy service for asylum seeking families who need family support or additional social care services to help them to care for their children. The aim of the project is to support children to be raised safely within their families, regardless of their immigration status. To find out more click here.

Background to the project

Family Rights Group became involved in the issues surrounding asylum seeking families when the Government announced its plans to introduce changes to immigration legislation, which would have the effect of withdrawing support from asylum seekers with children shortly after their claim was refused, even though they remained in the UK.

The proposed changes were known as ‘Section 9’, as the amending provision was s 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. Section 9 came into force in December 2004. Section 9 provides that where a failed asylum seeker with a dependent child(ren) fails to take ‘reasonable steps’ to leave the UK or place themselves in a position to leave and the Secretary of State issues a certificate to the effect that they have failed to do so without reasonable excuse, then an adult family member’s entitlement to support from the state, including support under the Children Act 1989, shall end, unless withdrawal of support would lead to a breach of the Human Rights Act 1998.

Prior to the introduction of this provision, a destitute asylum seeker with dependent children was entitled to receive support (income and housing) from the National Asylum Support Service (NASS) until such time as they left the UK. If support is withdrawn under the new provision a family will quickly become destitute and unable to care for their children. If the family seeks assistance from the local authority, support may be provided

by accommodating the children alone - away from home under s20 Children Act 1989; or
by accommodating the whole family (s17 Children Act 1989) if necessary to avoid a breach of human rights.

Accommodation for the whole family, even on human rights grounds, may be limited in time if combined with an offer of funds for travel for the family to return to their country of origin. Given its experience in child care law and policy. Family Rights Group is uniquely placed to advise and advocate on behalf of families who needed support from the local authority, but want their family to be able to stay together. Fortunately, the number of families whose support has been withdrawn under the section 9 provisions has been limited as a result of successful campaigning by refugee and asylum organisations. However, the provision remains in the statute and the most recent announcement from the Home Office (June 2007) states that it will not be repealed, nor will it be used on a blanket basis, but individual caseworkers may use this provision on a case-by-case basis, if it would be an effective way of encouraging departure.

The Project

As a result of these developments, that would limit the number of families affected by section 9, Family Rights Group expanded its project objectives to include all asylum seeking families whose children are involved with local authority children's services or who want local authority support to help them raise their children. The core aim of the project remains the same - to support children to be raised safely within their families, regardless of the immigration status of themselves and their family. Family Rights Group will meet these objectives by providing free advice and information to other organisations advising asylum seekers with children. Family Rights Group can provide free advice and information on:

childcare law, procedures and policy;
child protection practice and procedures
local authority family and community care support for families who are seeking asylum
local authority family and community care support for families who have been refused asylum
Family Rights Group will also, where appropriate, assist a family to challenge a local authority decision to refuse support.

Who can we help?

Family Rights Group will do its best to assist any family who is involved with local authortiy children's services or who wish to access help and support from a local authority. The following are two examples of the types of cases that we might be able to assist.

Case 1

A family consisting of a mother and her two children all have rickets. The mother urgently needs an operation. After the operation she will need help looking after the two children, for example getting them to and collecting them from school and doing the shopping. The mother is a refused asylum seeker. The family are housing in BIA accommodation. The local authority have stated they will not provide help. The last assessment of the children by the local authority was two years ago. The children also need physiotheraphy because of the impact of rickets.

Family Rights Group can advise you that the family is entitled to a child in need assessment as to the two children are disabled. Family Rights Group can write to the local authority or draft a letter for you, setting out the relevant statute and guidance which the local authority must abide by, and the services the family needs. We may also consider seeking as assessment of the mother from local authority Adult Services.

Case 2

The family consist of mother, father and their two children. The father is an asylum seeker. The children's teacher has made a referral to the local authority Children's Services as she is concerned about bruising she's seen on the older boy. The local authority asks the parents to agree to the removal of the children to foster care while they carry out a child protection investigation.

Family Rights Group can advise the parents on the correct procedures that should be followed by the local authority. We can explain what legal rights the parents have in relation to their children. We may also be able to provide an advocate to attend the child protection conference with the parents.

Family Rights Group hopes this project will bring a much needed information resource to asylum seeking families and their advisors and supporters. Over the three years Family Rights Group will:

Set-up a steering group to advise and guide the project and to ensure that it continues to address the identified needs of asylum seeking families
Draw up advice materials tailored to asylum seeking families
(Advice sheet 11A, Advice sheet 11A appendix, Advice Sheet 15A)
Provide specialist advice and advocacy on access to family support and social care services for asylum seeking families through their advice helpline
Develop training resources for other professionals to use.

In the second year we hope to hold two training events for practitioners within the asylum and advice sectors and a UK wide conference will be held in the final year.

How to find more information
If you are interested in finding out more, or getting involved in the development of the project, please contact Andrea Hopkins, at Family Rights Group ahopkins@frg.org.uk.