Learning Together to Safeguard the City 26 th November – 10 th December 2015 Vulnerable Migrants Lucy Bryson, Community Safety Manager – Refugees and Migrants, Brighton & Hove City Council Alice Macnair, Caseworker – Vulnerable Migrants, Brighton & Hove City Council Adult Social Care
2 Programme • Definitions of key terms – who are vulnerable migrants? Which vulnerable migrants live in Brighton & Hove? • Case studies • The local authority’s duties to accommodate and support vulnerable migrants who have No Recourse to Public Funds • Where to go for extra help and advice
3 Brighton & Hove’s migrants • Who are they? • Where are they? • Are you a migrant? Discuss with your neighbour
4 What is a migrant? • It depends! Academics may look at ‘country of birth’ or ‘nationality’. • A useful UN definition of a long term migrant is ‘ A person who moves to a country other than that of his or her usual residence for a period of at least a year [….] so that the country of destination effectively becomes his or her new country of usual residence’
5 What is a refugee? • Article 1 A (2) of the 1951 UN Convention defines a refugee as someone who • “…owing to a well -founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside of his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country”
6 What is an asylum seeker? • Someone who has arrived in a country and has asked the government of that country to recognise them as a refugee and give them protection, but who is still waiting for a decision from the government.
7 Which migrants are often considered ‘vulnerable’ • Refugees • Asylum seekers • ‘Undocumented migrants’ such as refused asylum seekers, victims of modern slavery including trafficking and poor labour practices • Separated or unaccompanied children
8 ‘Insecure Immigration Status’ • No physical and psychological security • Not free to integrate into the UK and no way of making a living legally • No chance of travelling to see family • Severe restrictions in accessing the British welfare state
9 The Home Office – 3 Commands • UK Border Force • UK Visas and Immigration • Immigration Enforcement
10 The Hostile Climate Increasing expectation that public and private sector work more closely with the Home Office to deny services to those with insecure status – eg landlords, NHS, local government, banks, DVLA… Withdrawal of all support from refused asylum seekers Promotion of voluntary departure to home country
11 Some real cases • Two Case studies • Split into four groups – and each group takes one.
12 ‘No Recourse to Public Funds’ • Protecting the vulnerable ’ v ‘ Controlling immigration ’ The ongoing battle… • Complex and frequently changing through case law • Local authority is forced to be the safety net for families and some adults but is not reimbursed.
13 Children Act 1989 • Duty of Council to safeguard & promote welfare of children in need in their local area • ‘by providing a range and level of services appropriate to meet those children’s needs’ • Referral to MASH - what happens next • Child in Need & Human Rights assessment • Case law: Council can’t support where family eligible for Home Office support
Adults - Care Act 2014 s42 Safeguarding – duty Eligible care and support needs: to enquire, where person: • Needs arising out of • Has needs for care and physical / mental health condition support • As a result cannot • Is experiencing or at achieve 2 or more risk of abuse or neglect specified ‘wellbeing • As result of the needs, outcomes’ unable to protect self • Without assistance / from the abuse / significant pain / neglect distress 14
15 Care Act 2014 Available to ALL: Duty to assess / enquire Information / advice / advocacy / signposting Power to provide support (s19) e.g. while assessing NB also s117 Mental Health Act ‘aftercare’ NOT available automatically : ‘Care & Support’ under s17 Children Act / Care Act Provision of care services Equipment Housing, subsistence
16 Nationality, Immigration and Asylum Act 2002 Prohibits Councils from providing care and support to: • Anyone with refugee status in another country • Anyone from another EU country • Anyone who has been refused asylum by the UK • Anyone in the UK ‘unlawfully’
Unless… (1)The refusal to support would breach the person’s human rights; or (2)The refusal to support would stop them from being able to enjoy their EU rights 17
18 Human rights • Article 3 “No one shall be subjected to torture or to inhuman or degrading treatment or punishment .” • Article 8 Right to respect for private and family life • These are most frequently considered – why Difference: absolute / qualified right Difference: access to legal aid
What the HRA looks at • If a person can return freely to their country: • They can avoid a breach in the UK Return? • If there is a legal / practical obstacle: • They cannot freely return. Overcome this? Obstacles • If there would be a breach in their country: • We cannot expect them to return Issues
Returning to country of origin to access support HRA finds… But… Then… Person They We can choose have return not to no duty
21 Requirements • Needs must be independent of destitution • Destitution must be proven – issues • No other means to access support – Housing (EEA / Non-EEA) – Community / friends / family – Welfare rights • Eligible needs identified AND no other way to meet these… • Safeguarding??
22 Entitlements to NHS Care • Everyone is entitled to see a GP for free • Everyone is entitled to free urgent care at A&E • Those applying for visas eg students and workers now have to pay a health surcharge • Many migrants are now charged for secondary care
23 Safeguarding is Everybody’s Responsibility Thank you for attending this Learning Together to Safeguard the City event. We hope that you found it informative and that you will be able use what you have learnt to in your practice to improve outcomes for people in Brighton & Hove and help keep them safe. Please let us know what you thought about this session by completing our quick survey at: www.surveymonkey.com/r/LearningTogether2015 or completing one of our postcards before you leave Your feedback will help us plan future Learning Events and will be considered in the Learning Together to Safeguard the City fortnight Final Event
What can the Safeguarding Boards teach one another? 10 December 2015, 2pm – 4pm, The Great Halll, Moulsecoomb Join us for our finale event which will pull together the themes the Learning Together to Safeguard the City activities. It will be an opportunity to reflect on the subjects, issues/ barriers and areas of good practice that have been identified during the fortnight’s eclectic events. This is an opportunity for managers, frontline practitioners and professionals with an interest in developing and enhancing safeguarding to come together with senior managers and strategic leads. The event will be hosted by Graham Bartlett, the Chairperson of the Local Safeguarding Children Board and Safeguarding Adults Board, and will consider the ways in which the two boards can learn from, and influence, each other to help make Brighton & Hove a safer city to live in and be part of. www. brightonandhovelscb .org.uk www. safeinthecity .info @LSCB_Brighton @safeinthecity
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