Social Workers Without Borders Response to the current Coronavirus crisis
20th April 2020
The Coronavirus pandemic is an unprecedented global emergency that will test the resources and resilience of people and their governments across the world. While we welcome the many protective measures put in place by the British Government, there are gaps and inequalities in how this crisis is being dealt with, particularly for those subject to immigration control.
People seeking asylum
People seeking are already largely excluded from welfare benefits and social housing. The reduced housing and financial support available for asylum seekers via UK Visas and Immigration (UKVI) often includes flats, bed and breakfasts, hostels and shared accommodation. Families can be required to share a bedroom, with multiple other families at the same address. The Government strategy during the Coronavirus crisis is predicated on social distancing: this is impossible to sustain in these overcrowded households.
Social Workers Without Borders asks the Home Office to ensure that all the accommodation providers contracted by the Home Office have completed a risk assessment that takes into account the specific living arrangements and any underlying health conditions of individuals, and that there are adequate plans in place to keep people safe.
The Coronavirus crisis is having a significant impact on civil services and the judicial system. Consequently, it is likely that there will be further delays in the resolution of asylum applications. This will result in further suffering and poverty for those already living on a limited income well below the poverty line.
Social Workers Without Borders asks the Government to allow asylum-seekers to access financial support that achieves parity with those claiming Universal Credit so as these people are not unfairly prejudiced by the current crisis.
Social distancing measures have changed the way courts engage with people. The Coronavirus Act 2020 lays out provision for remote hearings using video links and remote access. We are concerned that during this time, individuals will not have access to adequate support to prepare for their hearings, and that they will not be able to access expert reports such as those carried out by our organisation.
Social Workers Without Borders are committed to providing the best independent expert evidence that we can. This means that whilst social distancing measures are in place we are delaying the completion of our reports until we are able to carry-out assessments in person. If there are exceptional circumstances we will consider whether it is in the client’s best interest to complete an assessment remotely. We are working with our colleagues in the legal profession to seek adjournments to hearings if it is in the client’s best interests, so that clients can get the best service they can and have the best chance of vindicating their cases.
Separated asylum seeking and migrant children
Separated asylum seeking and migrant children face a number of increased risks due to the Coronavirus crisis. The current crisis means that their ability to access the support and relationships that are vital to their safety and well-being are diminished. This already isolated group risk further alienation and isolation as a result of social distancing measures.
Social Workers Without Borders asks the Government to ensure that separated asylum seeking and migrant children have the support and resources that they need in order to access remote education and maintain contact with their support networks. This means that these children and young people must be provided with the devices, broadband and phone credit that they need.
Statutory guidance has been issued for Local Authorities on children’s social care provision in light of Coronavirus. The guidance states that:
“We know that local authorities and local safeguarding partners will want to continue to meet their statutory duties as far as they can, but there will be times in the current circumstances when this is not possible” (1).
This statement enables Local Authorities to abdicate some of their duties to children and families at their discretion. The statutory guidance is unclear about which duties Local Authorities can neglect during the crisis and these changes are not legislated in the Coronavirus Act 2020(2).
We are concerned about the impact on separated and migrant children. The guidance states that Local Authorities can reduce the amount of support they provide to Care Leavers. The guidance states that Local Authorities can use their ‘discretion’ about moving children who reach adult age out of foster placements at a time when they should be offering ‘staying put’ guarantees. The guidance also allows for an increase in the use of unregulated placements. Given moves to reduce the support available for care leavers without regularised status in the Immigration Act 2016, we are concerned that any reduction in Local Authority provision may disproportionately impact separated asylum seeking and migrant children.
Social Workers Without Borders asks the Government to amend the statutory guidance so that it is clear that there will not be a reduction is support for Looked After Children and Care Leavers, and that guidance is issued that recognises that children and young people are likely to need increased levels of support to keep them safe and protect their rights throughout this crisis.
No Recourse to Public Funds (NRPF)
The current public health crisis disproportionately impacts vulnerable groups within society. This is a consequence of systemic and structural inequalities that have been built into the delivery of statutory services and social support systems. People who are subject to the No Recourse to Public Funds (NRPF) condition are amongst those that will suffering the worst consequences of this pandemic (3). The Government’s plans to address increased unemployment and resulting poverty do not address the barriers that people subject to NRPF conditions already face when accessing basic support.
People subject to NRPF conditions are more likely to be employed in precarious, zero hour contract work, are at heightened risk of becoming unemployed and cannot access Universal Credit or many other forms of housing or welfare provision. The NRPF condition restricts people from accessing privately rented or social housing. Accommodation is often inadequate, insecure and overcrowded. Such circumstances amplify the difficulties of practicing effective social distancing, leading inevitably to increased infection and potential risk of homelessness.
We welcome a recent high court decision to review the legality of NRPF policy and hope that the current crisis results in the Government re-evaluating this disastrous social policy.
Social workers Without Borders ask the Government to abolish the NRPF condition and allow all people within the UK to access the support and services they need in order to meet their basic needs, to avoid increased levels of poverty and homelessness and to keep themselves and others safe.
Families with NRPF
For families with NRPF, often the only safety net is access to support from their Local Authority under Section 17 of the Children Act 1989. We are concerned that the statutory guidance(5) for Local Authorities on children’s social care allows Local Authorities to opt out of some of their statutory duties without clear guidance to ensure that the most vulnerable families can continue to access vital support. Without this guidance, there is a risk that children who rely on Local Authority support may receive a reduced service at a time when they may need increased levels of support in order to keep them safe.
Social Workers Without Borders ask the Department for Education to ensure that children and families subject to NRPF will not be prejudiced by a reduction in Local Authority support, particularly via Section 17 Children Act 1989. Any statutory guidance must ensure that children’s rights, safety and wellbeing are assessed and maintained.
Domestic abuse and NRPF
Social distancing means staying at home: for some people, home is not a safe place to be. Since the implementation of lockdown measures the National Domestic Abuse Helpline has seen a 25% increase in calls and 150% increase in visits to the website (6.) People who are experiencing domestic abuse must be able to access practical help, which often means relocation to a refuge and access to an income that is independent of their abuser. Whilst the Destitute Domestic Violence Concession allows some people subject to NRPF a vital lifeline to access such services, it is a limited concession which only applies to people who have entered the UK on a Spousal Visa (7). This means that at this time of increased incidents of domestic abuse certain categories of migrant women continue to be unable to access services that would keep them safe.
Social Workers Without Borders asks the Government to extend eligibility to Destitute Domestic Violence Concession to include anyone who is a victim of domestic abuse so they can access services and support regardless of their immigration status.
Care needs of adults subject to immigration control
The Coronavirus Act 2020 eases Local Authority duties under the Care Act 2014 to assess adults with care and support needs and their carers, and to meet these needs, unless doing this would result in a breach of human rights (8). This standard is already set for some adults subject to immigration control. Whilst adults subject to NRPF conditions are able to access support from social services, some people fall into an excluded group (9) due to their nationality and immigration status at which point they are already only able to access support if this is necessary to prevent a breach of human rights. Coronavirus brings into the focus the risk of removing vital support for vulnerable adults; support that many migrants are already denied. We are concerned that ‘easements’ to Care Act 2014 duties will disproportionately impact adults subject to immigration control. Assessing an individuals human rights must take into account the Coronavirus context; ensuring that additional services and support are provided where needed, rather than provided reduced levels of support (10).
Social Workers Without Borders asks the Government to abolish the NRPF condition and social care exclusions under Schedule 3 of the Nationality, Immigration and Asylum Act 2002, and in the interim to issue statutory guidance that makes it clear that human rights assessments need to take into account the context of the crisis, recognising that current circumstances increase risk and that adults with care needs will need more robust packages of support.
The hostile environment and public health
The current public health crisis demonstrates that migrants are not a drain on the British economy and that they are in fact vital for maintaining our public services. Despite the contributions of migrants, particularly within the NHS workforce, the Government continues to extend hostile environment policies that are designed to scapegoat migrants. For example, the Chancellor has recently announced that the NHS surcharge will increase from £400 to £624 per year in October 2020 (11).
Whilst NHS charges are not applicable if a person is seeking treatment for contagious diseases this has not been adequately communicated to migrants, leaving many reluctant to access services, resulting in obvious dangers of increased infection rates (12).
Social Workers Without Borders asks the Government to end the hostile environment in health care. This means suspension of charging for NHS services and data-sharing between NHS Trusts and the Home Office. The Government must take responsibility for ensuring specific public health information is shared with migrants so that they are aware that they will not be charged for using the NHS if they need medical help as a result of contracting Coronavirus.
The hostile environment and spousal visas
Families who have seen a loss of income as a result of the current crisis now face the additional anxiety that their family could be separated because they no longer meet the financial requirement necessary for a spousal visa (13). The current crisis highlights the fact that people who have previously been classified as ‘unskilled’ low-paid workers are in fact vital members of our communities.
Social Workers Without Borders asks the Government to give a guarantee that families will not be separated or forced to leave the UK as a result of failure to meet financial requirements of spousal visas and that the Government ends this policy because it discriminates against people with lower incomes.
EU settled status
There are some implications for children and families who need to apply for EU settled status. At this stage, the Government has still not taken any steps to address the inevitable delays and potential problems arising from Coronavirus, which could prejudice people’s ability to apply for EUSS. There is an increased risk of more people being unable to complete the process, becoming, in effect, undocumented migrants.
Social Workers Without Borders asks the Government to extend the EUSS application deadline to take into account the extraordinary circumstances caused by the Coronavirus crisis.
Immigration detention
We are concerned that people who are currently detained in Immigration Removal Centres (IRCs) are being placed at increased risk of contracting Coronavirus. There has been some successful litigation to get people released from Immigration Removal Centres because they are particularly vulnerable should they become infected with Coronavirus (14.) Unfortunately, there are still hundreds of people in immigration detention despite the fact that travel restrictions mean the Home Office will not be able to remove them from the country until the restrictions have been lifted.
Social Workers Without Borders asks the Government to release all people from Immigration Detention Centres; this administrative form of detention is particularly inhumane given the current risk of infection and ill-health.
Fortress Europe
The Coronavirus is even more dangerous for people who are forced to live in refugee camps. People living in camps, including those in France, Greece, Turkey and Northern Africa are forced to live in overcrowded conditions without access to basic hygiene facilities and healthcare (15). The current pandemic highlights the interconnected nature of the global population and the need to cooperate in order to overcome the challenges that we face. Europe must not abandon refugees and migrants across Europe and at its borders and must respond to this humanitarian crisis.
Social Workers Without Borders asks the Government to support reunifications and settlement of child refugees as a matter of urgency and pursue all transit options for these children.
Social Workers Without Borders asks the Government to cooperate with other European countries and find solutions for addressing the Coronavirus crisis for people currently unable to leave refugee camps.
1. https://www.gov.uk/government/publications/coronavirus-covid-19-guidance-for-childrens-social-careservices/coronavirus-covid-19-guidance-for-local-authorities-on-childrens-social-care
2. https://www.ucl.ac.uk/laws/news/2020/apr/ucl-ilac-challenges-dfes-covid-19-guidance-childrens-social-careservices
3. https://www.london.gov.uk/press-releases/mayoral/calls-for-urgent-action-to-support-young-londoners
4. https://dpglaw.co.uk/home-office-agrees-a-rethink-of-no-recourse-to-public-funds-policy-in-light-ofcoronavirus-following-todays-high-court-legal-challenge/
5. https://www.gov.uk/government/publications/coronavirus-covid-19-guidance-for-childrens-social-careservices/coronavirus-covid-19-guidance-for-local-authorities-on-childrens-social-care
6. https://www.independent.co.uk/news/uk/home-news/coronavirus-uk-domestic-abuse-helpline-lockdownisolation-a9449236.html
7. https://southallblacksisters.org.uk/news/protection-for-all-domestic-abuse-bill-and-migrant-women/
8. https://www.gov.uk/government/publications/coronavirus-covid-19-changes-to-the-care-act-2014/care-acteasements-guidance-for-local-authorities
9. Under Schedule 3 of the Nationality, Immigration and Asylum Act 2002
10. https://www.39essex.com/coronavirus-act-2020-social-care-and-send-guidance-note-for-england/)
11. https://www.freemovement.org.uk/immigration-health-surcharge-rising-to-624-in-october-2020/).
12. https://www.libertyhumanrights.org.uk/issue/hostile-environment-risks-public-health-during-coronavirusoutbreak/).
13. https://www.jcwi.org.uk/news/protecting-families-at-risk-due-to-covid-19
14. https://www.theguardian.com/uk-news/2020/mar/21/home-office-releases-300-from-detention-centres-amid-covid-19-pandemic .
15. https://www.theguardian.com/world/2020/apr/12/patel-refuses-to-take-children-from-greek-campsthreatened-by-covid-19 /world/2020/apr/12/patel-refuses-to-take-children-from-greek-camps-threatened-by-covid-19.