Good practice in social care for refugees and asylum seekers
Background: Relevant legislation and policy
There is a raft of legislation providing the local framework for the assessment and access to social care for asylum seekers and refugees. In general terms:
- Once refugees have been granted leave to stay they are entitled to receive provision on the same basis as UK residents.
- Local authorities have a duty to assess all individuals (including refused asylum seekers) if they appear to be in need of care services under Section 47 of the NHS and Community Care Act 1990.
- Local authorities have a duty to provide care under Section 21 of the National Assistance Act 1948. The Slough judgement clarified local authorities’ responsibilities under Section 21 of the National Assistance Act 1948. It clarified what care means in this context and ruled that to qualify for support, an individual has to have a care need above and beyond the provision of accommodation, such as personal care or household tasks.
- Schedule 3 of the Nationality, Immigration and Asylum Act 2002 prevents local authorities from routinely providing support to refused asylum seekers who are in the country unlawfully. There are some exceptions to these exclusions but they do not prevent local authorities providing assistance to refused asylum seekers if to do otherwise would be a breach of an individual's human rights under the Human Rights Act 1998. This means, that local authorities should assess refused asylum seekers if care needs have been signalled, but it does not necessarily mean that they should provide support.
- Local authorities therefore consider eligibility for care needs on a case by case basis, taking into account all the factors surrounding the individual's circumstances and seeking their own legal advice if necessary.
- In circumstances where an asylum seeker or refugee is eligible for support, direct payments or a personal budget may be the means by which support is provided rather than direct services.
Links to legislation and guidance
- National Assistance Act 1948
- NHS and Community Care Act 1990
- Immigration and Asylum Act 1999
- Local Government Act 2000
- Nationality, Immigration and Asylum Act 2002
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
- Department of Health, Social Services and Public Safety (2004): asylum seekers and refugees: policy guidance on access to health and social services (PDF file)
