No Recourse to Public Funds

1. Introduction and Definition

1.1 Definition of No Recourse to Public Funds

The immigration status of a person who is not a British citizen (non-UK national) determines whether they are able to work and access public funds in the United Kingdom (UK).

A person has no recourse to public funds (NRPF) if they are ‘subject to immigration control’. NRPF status means a person does not have any entitlement to welfare benefits or public housing unless an exception applies.

Section 115 Immigration and Asylum Act 1999 states that a person will be ‘subject to immigration control’ if they have:

• leave to enter or remain, which has a NRPF condition attached (such as when they are given leave to enter or remain for temporary purpose, such as to visit, study or work);
• leave to enter or remain that is subject to a maintenance undertaking (this is when someone else acts as a sponsor for a person’s immigration application and signs an agreement to say they will provide the person with accommodation and financial support whilst they are in the UK);
• leave to enter or remain as a result of a pending immigration appeal;
• no leave to enter or remain when they are required to have this (this means that anyone who is required to obtain leave to enter or remain in order to live in the UK but does not have this will be subject to immigration control. This includes people who are seeking asylum and people who are without lawful status in the UK). A person is without lawful status in the UK if they:
  • entered the UK illegally;
  • overstayed their visa; or
  • are Appeal Rights Exhausted (ARE) following an unsuccessful asylum or immigration claim).

The statement ‘no public funds’ will be written on the person’s immigration documentation, if they have immigration permission with NRPF.

People who have no recourse to public funds are not entitled to receive the following welfare benefits:

• Attendance Allowance;
• Carer’s Allowance;
• Child Benefit;
• Child Tax Credit;
• Council Tax Reduction (sometimes called Council Tax Benefit);
• Discretionary payment made by a council;
• Disability Living Allowance
• Housing Benefit;
• Income Support;
• Income based Jobseeker’s Allowance;
• Income based Employment and Support Allowance;
• Personal Independence Payment;
• Severe Disablement Allowance;
• Social Fund Payment: budgeting loan, sure start maternity grant, funeral payment, cold weather payment and winter fuel payment;
• State Pension Credit;
• Universal Credit;
• Working Tax Credit.

They are also not entitled to local authority housing or assistance in relation to homelessness.

There are exceptions to the rules regarding public funds, which means that in certain circumstances, a person who has leave to remain with NRPF may still be able to claim certain benefits without this affecting their immigration status. See Public Funds Caseworker Guidance (Home Office) for more information

1.2 Recourse to Public Funds

People with the following types of immigration status will have recourse to (be able to access) benefits and housing assistance (if they qualify for them):

• indefinite leave to enter or remain or no time limit (apart from an adult dependent relative);
• right of abode;
• exempt from immigration control;
• refugee status;
• humanitarian protection;
• leave to remain granted under the family or private life rules where they are accepted by the Home Office as being destitute or at risk of imminent destitution;

• Hong Kong British nationals overseas BN(O) leave, when they have been accepted by the Home Office as being destitute or at risk of imminent destitution;
• Settled status granted under the EU Settlement Scheme (EUSS) and, in some cases, pre-settled status, although they will need to satisfy a right to reside test and DWP requirements to qualify for benefits and / or local authority housing assistance;
• discretionary leave to remain, for example:
  • leave granted to a person who has received a conclusive grounds decision that they are a victim of trafficking or modern day slavery;
  • destitution domestic violence concession;
  • unaccompanied asylum-seeking child leave.

People who have lived in the UK for several decades can be lawfully present in the country even if they do not have documents confirming this. In such cases, the person may be able to evidence their status by applying to the Windrush Scheme.

1.3 EEA nationals

Since the UK left the European Union, EEA nationals are required to obtain leave to enter or remain to live in the UK. Some will have leave to remain granted under the EU Settlement Scheme (EUSS) or be entitled to apply for EUSS leave. A person with EUSS leave can access public funds but may need to meet a right to reside test  and DWP requirements to qualify for benefits.

An e-visa or digital status is issued to EEA nationals rather than a physical status document. A person can access their digital status via the Home Office ‘view and prove’ service.

A full list of EEA countries is contained in Appendix A.

2. Initial Actions when an Adult who may have No Recourse to Public Funds Requests Care and Support

See also Assessing and Supporting Adults who have No Recourse to Public Funds (England): Practice Guidance for Local Authorities (NRPF Network).

The provision of care and support under the Care Act 2014 is not a ‘public fund’ for immigration purposes; this means that adults should not be refused a needs assessment or care and support just because they have – or may have – no recourse to public funds.

2.1 Initial local authority response

2.1.1 Which local authority is responsible for meeting needs?

At the pre-assessment screening stage, which is used to establish the facts when an adult who may have NRPF requests assistance from adult social care, the local authority should establish whether it is the responsible local authority, that is, whether the adult lives in its area (see Ordinary Residence chapter).

2.1.2 Is there a duty to assess need?

The decision whether to undertake a needs assessment does not depend on the adult’s immigration status. In accordance with section 9 of the Care Act 2014, if the adult appears to have a need for care and support, a needs assessment should be carried out in the usual way (see Assessment chapter).

Interpreters should be provided as required to ensure the adult can participate fully in the referral and assessment processes (see Interpreter, Translation and Transcription Process).  If an independent advocate is required, they must be appointed before the assessment is carried out, otherwise it may be unlawful (see R(SG) v London Borough of Haringey [2015] EWHC 2579 (Admin)). For more information see Independent Advocacy chapter.

2.1.3 Does the adult have care and support needs?

The courts have considered the meaning of the term ‘care and support needs’ in several cases involving people with no recourse to public funds and have generally found that the term applied in line with the accepted interpretation of a ‘need for care and attention’.

This would include services which do something for the adult cared for, which they cannot or should not be expected to do themselves: this might be household tasks which an older person can no longer perform or can only perform with great difficulty; it might be protection from risks which an adult with a learning disability cannot recognise; it might be personal care such as feeding, washing or toileting. This is not an exhaustive list (see Guidance for Adult Social Care, NRPF).

When a person’s need is only for accommodation and / or financial support, they will not be considered to have care and support needs.

2.1.4 Are the adult’s needs eligible?

If the assessment finds that the adult has needs for care and support, the eligibility criteria should then be applied (see Eligibility chapter).

If the eligibility criteria are met, the local authority must consider how to meet the adult’s needs for care and support. When an eligible adult with no recourse to public funds is experiencing homelessness, the local authority must also consider whether accommodation can be provided.

When the adult has care and support needs that do not meet the eligibility criteria, the local authority can use its power to meet non-eligible needs under Section 19(1) of the Care Act. This gives the local authority an opportunity to provide accommodation and financial support to a person who does not meet the Care Act eligibility criteria, but who is likely to experience a breach of human rights if they are homeless due to having complex or additional needs.  See Section 3.2, Power to meet non-eligible needs.

2.2 Adults in excluded groups

Some adults with no recourse to public funds who request support under the Care Act 2014, will be in an excluded group, which means that even if they have eligible needs, support can only be provided where this is necessary to prevent a breach of their human rights.

The exclusions are set out in Section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002, and covers adults who are:

• in breach of immigration laws, such as a visa overstayer, illegal entrant, or appeal rights exhausted (ARE), asylum seeker;
• an appeals rights exhausted (ARE) asylum seeker who has failed to comply with removal directions;
• a person with refugee status that has been granted by another EEA country.

This means that in addition to the needs assessment, the local authority will also need to carry out a human rights assessment to establish whether the adult can return to their country of origin to avoid a situation of destitution in the UK, or whether there is a legal or practical barrier that means that the person cannot be expected to return. See Section 6, Human Rights Considerations.

Even when people in these excluded groups are not entitled to care and support, the local authority can provide information and advice (see Information and Advice chapter).

2.3 Exception – needs arising solely from destitution

Under Section 21 Care Act 2014, local authorities are not required to meet the needs of an adult with NRPF who is subject to immigration control if their needs have arisen solely because of their destitution or because of the physical effects, or anticipated physical effects, of being destitute.

A person is destitute if:

(a) they do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met); or

(b) they have adequate accommodation or the means of obtaining it but cannot meet their other essential living needs.

2.3.1 How the courts have interpreted destitution

Court cases have held that a mental illness counts as a physical effect of destitution. However, where there is another possible cause of the adult’s physical or mental health needs other than their destitution, the local authority can provide support. This is known as the ‘destitution plus test’

2.3.2 Impact of Section 21

As the needs assessment will have identified whether the adult has care and support needs (rather than solely a need for accommodation and financial support related to destitution) and considered the eligibility criteria (which will involve identifying whether the adult’s needs arise from, or are related to, a physical or mental impairment or illness, in most cases, section 21 is unlikely to affect the outcome of the needs assessment.

2.4 Meeting urgent care and support needs

While the needs assessment is being undertaken, the local authority can meet any urgent care and support needs, including by providing accommodation to an adult who would otherwise be homeless. Not knowing the adult’s immigration status does not prevent the local authority from meeting urgent needs for care and support.

2.5 Checking immigration status

Although local authorities do not need proof of an adult’s immigration status before carrying out a needs assessment and/or meeting urgent needs for care and support, it is important that nationality and immigration status are established as part of this process as it will help:

1. to ascertain any possible entitlement to welfare benefits, housing assistance, employment or Home Office asylum support;
2. to identify whether the person is in an excluded group and so can only be provided with care and support where this is necessary to prevent a breach of their human rights;
3. where a person is in an excluded group, to find out whether any immigration claims are pending with the Home Office or appeal courts, or other legal barriers preventing them from leaving the UK or returning to their country of origin.

Nationality and immigration status can be established using documents provided by the adult or, If the local authority is a member organisation, by using NRPF Connect to obtain immigration status information. The Home Office can also be contacted directly by using the Status, Verification, Enquires and Checking email service at: ICESSVECWorkflow@homeoffice.gov.uk.

It is important to check any information obtained from the Home Office with the adult and / or their legal representative in case a new application or appeal is being prepared or has been recently submitted but has not yet recorded on Home Office systems.

2.5 Duty to inform the Home Office

Local authorities are required to inform the Home Office of:

• any person they suspect or know to be unlawfully present in the UK; and
• a refused asylum seeker who has not complied with removal directions.

This duty should be explained to adults when they first contact the local authority.

3. Providing Care and Support

As social care is not a ‘public fund’ for immigration purposes it can be provided to adults who have no recourse to public funds if they have eligible needs (unless they are in an excluded group, in which case a human rights assessment will also be required – see Section 6, Human Rights Considerations).

When assessing needs and providing care and support to an adult with no recourse to public funds, the local authority must apply the Care Act 2014, relevant regulations, and the Care and Support Statutory Guidance in the usual way (see Section 2.1, Initial local authority response).

Social care can also be provided to people seeking asylum who are accommodated by the Home Office. For more information, see the Home Office Guidance.

3.1 Providing care and support to meet eligible needs

The local authority has options in terms of deciding how an adult’s care and support needs can be met. Section 8(1) of the Care Act sets out some examples of what can be provided, depending on their individual circumstances:

• accommodation in a care home or in premises of some other type;
• (b) care and support at home or in the community;
• (c) counselling and other types of social work;
• (d) goods and facilities;
• (e) information, advice and advocacy.

Section 8(2) of the Act gives some examples of ways of meeting needs, including:

• the local authority directly providing some type of support, for example by a reablement or short-term respite service;
• making a direct payment, which allows the person to purchase their own care and support;
• some combination of the above, for example the local authority arranging a homecare service whilst also providing a direct payment to meet other needs.

The care and support plan must set out how an adult’s needs will be met, taking into account their wishes, needs, and aspirations.

When a person’s needs are met by pre-existing services or carers, the local authority must keep these arrangements under review. It may need to also consider a carer’s immigration status and their ability to provide ongoing care.

The NHS is responsible for providing health needs, such as continuing healthcare or funded nursing care. For more information about NHS provision and accommodation, see Meeting Needs for Care and Support, Assessing and Supporting Adults who have No Recourse to Public Funds (England) (NRPF Network).

3.2 Power to meet non eligible needs

If the local authority assessment process find that the adult does not have eligible care and support needs, it must consider whether to use its power to meet non-eligible care and support needs under section 19(1) Care Act 2014.

Under Section 19(1), the local authority can provide care and support to an adult with no recourse to public funds whose needs do not meet the eligibility threshold, if failing to meet these needs could give rise to a breach of their human rights.  A human rights assessment should be completed to consider whether the adult can return to their country of origin (when they are ‘in breach of immigration laws’ or are in another excluded group under Schedule 3 of the Nationality, Immigration and Asylum Act 2002).

A decision about whether to engage this power will need to be made on a case-by-case basis, taking into account:

• the adult’s individual circumstances;
• the availability of alternative support;
• when they are without lawful status (or are in another group excluded by Schedule 3 of the Nationality, Immigration and Asylum Act 2002), whether the person can avoid destitution in the UK by returning to their country of origin.

When an adult is ‘in breach of immigration laws’ (or is in another group excluded by Schedule 3 Nationality, Immigration and Asylum Act 2002), a human rights assessment will be a key part of determining whether section 19(1) can be used to meet non-eligible care and support needs.

When Schedule 3 applies, the local authority must consider whether:

• there are any other sources of support or assistance available to the person in the UK, such as Home Office asylum support;
• if there are no other sources of support available in the UK, whether the person is able to return to their country of origin to avoid an Article 3 breach arising from their destitution in the UK.

The human rights assessment will lead to one of the following conclusions:

• the person can access other support in the UK, such as Home Office asylum support. In such cases, a transfer to that support would need to be arranged;
• there are no alternative support options in the UK, but the person can return to their country of origin to avoid destitution, so accommodation and any other care and support could not be provided under section 19(1);
• there are no alternative support options in the UK but there is a legal barrier or practical obstacle preventing the person from being able to return to their country of origin. In such cases, support can be provided under section 19(1).

4. Asylum Seekers

4.1 Local authority assessments

When an asylum seeker presents with an appearance of need, they must be assessed in the usual way under the Care Act 2014 and provided with care and support if they have eligible needs. While an asylum seeker is waiting for a decision from the Home Office, or final determination following any appeals against a refusal, they are not subject to any exclusion from social care support, so eligibility for care and support will be established solely on the outcome of the needs assessment.

Where an asylum seeker (who has received the final determination of their asylum claim) presents with an appearance of need, they must be assessed in the usual way under the Care Act, but the provision of care and support may be subject to a human rights assessment depending on their immigration status and whether they are in a group excluded by Schedule 3 of the Nationality, Immigration and Asylum Act 2002.

Local authorities can only refer an asylum seeker to the Home Office for accommodation without undertaking a needs assessment, when the person has presented without an appearance of need.

An asylum seeker who has presented with an appearance of need, and therefore requires a Care Act assessment, can only be referred to the Home Office for support when the relevant assessments have been completed and the local authority has determined that there is no duty to provide care and support.

If interim care and support, including housing, has been provided under section 19(3) Care Act pending the outcome of the assessment, then it is good practice for the local authority to assist the person by signing posting to specialist migrant immigration support services to apply for asylum support.

4.2 Accommodation related care and support needs

In TMX, R (On the Application Of) v London Borough of Croydon & Anor [2024] EWHC 129 (Admin) (26 January 2024), the High Court confirmed that the local authority, not the Home Office, will be responsible for providing accommodation to a person seeking asylum who is assessed under the Care Act as having accommodation related care and support needs.

Previously it was often unclear whether responsibility for providing accommodation to a person seeking asylum (who has been assessed as having ‘accommodation-related’ care and support needs) lay with the Home Office or local authorities under the Care Act 2014. The question is answered by this decision.

The High Court found that the local authority in this case had acted unlawfully by failing to provide accommodation to a person with care and support needs who was seeking asylum, and they breached the claimant’s human rights by failing to provide suitable accommodation for seven months whilst he and his family lived in an asylum hostel.

The Court ruled that the local authority was wrong to assume that the claimant did not have accommodation-related care needs because he was being provided with accommodation under Section 95 Immigration and Asylum Act 1999, and that it acted unlawfully by determining that the claimant did not have accommodation-related care and support needs because it was the responsibility of the Home Office to provide accommodation.

The judge concluded that the local authority could not take into account the fact that the Home Office was providing the claimant with accommodation at that time or in the future for the following reasons:

• section 95 support cannot be provided by the Home Office when a person has a right to adequate accommodation under other legislation, such as the Care Act;
• the Home Office guidance has no legal impact on the allocation of responsibilities to provide accommodation, which has been determined in law or Care Act legislation;
• case law that pre-dates the Care Act R (Westminster City Council) v National Asylum Support Service [2002] UKHL 38, continues to apply. It placed the responsibility of providing accommodation under section 21 of the National Assistance Act 1948 to an asylum seeker in need of care and attention with a local authority rather than the Home Office.

4.2.1 Implications for local authorities from the decision of R (TMX) v London Borough of Croydon

When local authorities are accommodating asylum seekers with care and support needs, it is important that the social workers correctly identify ‘accommodation-related’ needs.

Where a person is assessed as having accommodation-related care and support needs, a local authority should not consider the availability of Home Office asylum support when determining how to meet the person’s needs. In such cases, this responsibility will fall to the local authority to provide accommodation and financial support at a level that suitably meets the adult’s needs, even in instances when their asylum accommodation may arguably meet their needs.

When a local authority determines that it has a duty under the Care Act to provide accommodation and financial support, this support must be provided without delay when the person is homeless or is living in accommodation that is detrimental to their health and / or wellbeing. This support should be provided whilst a needs assessment is being undertaken. It may be necessary to undertake immediate action if a local authority has already identified that an asylum seeker who qualifies for, or is receiving, care and support is currently living in unsuitable Home Office accommodation.

4.3 Section 95 Home Office support

A person with a pending asylum or Article 3 human rights application (or appeal) may apply for support from the Home Office under section 95 of the Immigration and Asylum Act 1999 when they are destitute (have no accommodation and / or cannot afford to meet their essential living needs) or have inadequate accommodation that does not meet their Care Act needs.

They can also apply for emergency support from the Home Office under section 98 of the Immigration and Asylum Act 1999 and may receive support while the Home Office make a final decision on their application for section 95 asylum support.

Support will continue to be provided until the asylum claim is finally determined following any appeals the person has lodged. When the person is granted leave to remain or becomes ‘appeal rights exhausted’ following an unsuccessful claim, they will be issued with 21 days’ notice to leave their accommodation.

4.4 Home Office support for destitute asylum seekers

In certain circumstances, destitute refused asylum seekers may be provided with support from the Home Office under section 4 of the Immigration and Asylum Act 1999. They need to show that they:

• are taking all reasonable steps to leave the UK;
• are unable to leave the UK due to physical impediment;
• have no safe route of return;
• have been granted leave to appeal in an application for judicial review concerning their asylum claim; or
• require support to avoid a breach of their human rights, for example they have made further submissions for a fresh asylum claim.

The support provided comprises accommodation and subsistence, which is intended to cover the costs of food, clothing and toiletries, through a card that can be used in shops but not to withdraw cash. Subsistence support cannot be provided independently of accommodation.

The following organisations provide information and asylum support:

• Home Office;
• Migrant Help (assistance with applications);
• Asylum Support Appeals Project (assistance when support is refused)

5. Adult Safeguarding

People with no recourse to public funds may be at increased risk of domestic abuse or exploitation due to their unsettled immigration status, lack of access to benefits and mainstream housing service.

Section 42 of the Care Act 2014 requires a local authority to undertake an enquiry to establish whether any action needs to be taken to prevent or stop abuse or neglect, where there is reasonable cause to suspect that an adult in its area who has needs for care and support is experiencing or is at risk of this and is unable to protect themselves from the abuse or neglect due to their needs.

The Care and Support Statutory Guidance specifies that abuse or neglect includes modern slavery, which encompasses: slavery; human trafficking; forced labour; domestic servitude; and where traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment.

A person’s nationality or immigration status should not prevent a local authority from following its safeguarding procedures in such circumstances. Schedule 3 of the Nationality, Immigration and Asylum Act 2002 does not prevent the local authority from undertaking an enquiry and taking any necessary action to stop abuse or neglect.

5.1 Modern slavery

See also Modern Slavery chapter.

When a person is identified as being a potential victim of trafficking or modern slavery, the local authority must notify the National Referral Mechanism (NRM).

A referral should also be made to the NRM for support if the person consents to this.

If the person does not consent to a referral to the NRM, the duty to notify the Home Office still applies.

When a referral is made to the NRM, housing and subsistence support are provided by the Salvation Army and partner organisations for 45 days during the recovery and reflection period. This period provides time for the person to consider their options. They should receive a conclusive grounds decision about whether they are a victim of trafficking or not as soon as possible after 45 days. When they receive a positive grounds decision they are entitled to a further 14 days’ support, but extensions are considered on a discretionary basis by the Home Office. During this period, victims are expected to decide whether to return to their country of origin or apply for discretionary leave to remain, which if successful will allow the person to have recourse to public funds. If the person receives a negative conclusive grounds decision, then their support will only continue for two days.

5.2 Local authority support

A victim of trafficking or modern slavery may be eligible for accommodation under the Care Act 2014. Where this does not apply, the local authority would need to consider using section 1 of the Localism Act 2011 to provide support.

5.2.1 Care Act 2014

A potential or confirmed victim of trafficking may request a needs assessment to establish whether they require care and support, including accommodation. Therefore, it is highly likely that such a person will present with an appearance of need and would need to be assessed under the Care Act 2014.

When a person is in a group excluded by Schedule 3 of the Nationality, Immigration and Asylum Act 2002, the local authority will also undertake a human rights assessment because care and support can only be provided where this is necessary to prevent a breach of a person’s human rights (see Section 6, Human Rights Considerations).

5.2.2 Localism Act 2011

In some cases, victims of trafficking or modern slavery will not qualify for care and support under the Care Act, so cannot be housed under the Act. When a person is not receiving support through the NRM and does not have any alternative means of accessing housing, the local authority must consider whether to use its power under section 1 of the Localism Act 2011 to provide accommodation.

Access to immigration and other specialist advice will be essential to help establish whether the person has an entitlement to benefits, for example, whether an EEA national has a right to reside or what options a non-EEA national without any immigration permission may have.

6. Human Rights Considerations

Whilst taking into account the legal restrictions which may apply, local authorities cannot carry out their duties in any way that breaches a person’s human rights. This means the local authority should assess whether there would be a breach of human rights if support is not provided.

Human Rights Assessment Template (NRPF) sets out that when Schedule 3 exclusion applies to a person requesting or receiving social services support, the local authority must record in writing that it has considered the person’s ability to return to their country of origin and the conclusion that has been reached. The NRPF guidance advises that the human rights assessment be recorded separately to the needs assessment. The template is a practical tool to help local authorities record the relevant information that they will need to determine whether social services support can be withheld or withdrawn.

In practice, this means that local authorities must undertake a human rights assessment to consider whether, or to what extent, the circumstances are such that the bar on providing care and support under the Care Act should be lifted in order to avoid a breach of human rights.

If a case is open to the local authority, it can proceed directly to a human rights assessment. This will involve considering whether the adult is freely able to return to their country of origin without there being any breach of their human rights. If there are no legal or practical barriers to return, the local authority does not have a duty to support such an adult.

Legal and practical obstacles can include factors such as lack of travel documents or being temporarily unable to travel due to a medical condition. The local authority may therefore use the human rights assessment to consider how these obstacles might be overcome. Contacting relatives or finding out about services in the country of origin may help facilitate their return.

If there are obstacles in place that mean the person cannot leave or they are taking reasonable steps to plan for leaving the United Kingdom (UK), it may be necessary to continue to provide support to them for human rights reasons. If the person accepts the offer of assistance to return to their country of origin, support should normally continue until they leave.

7. Refusing or Withdrawing Support

Care and support can be refused or withdrawn following a change of circumstances.

The Care Act 2014 requires a local authority to record the assessment decision in writing and to communicate the outcome to the person requesting support. This would apply when a person:

• is assessed as having no eligible needs under the Care Act or, following a review, no longer has eligible care and support needs, and the local authority has also decided not to use its discretionary powers under section 19(1) of the Localism Act 2011 to provide housing;
•  is in a group excluded by Schedule 3 of the Nationality, Immigration and Asylum Act 2002, and is to be refused support following a human rights assessment that concludes they can return to their country of origin to prevent a breach of human rights.

The assessment outcome should state why the person is not eligible, or no longer eligible for support.

When a person with NRPF has been provided with accommodation pending the outcome of an assessment and this is to be withdrawn, reasonable notice must be given to allow them to make alternative arrangements. What constitutes reasonable notice will depend on the person’s circumstances.

When a person has another support option available to them, for example, Home Office asylum support, then it would be good practice for the local authority to support their application for this and liaise with the Home Office to follow up the progress of the application through NRPF Connect.

7.1 Practice point on terminating support

Where support is to be terminated, this decision should be made by the service manager and be informed by an up to date assessment.

The social worker should inform the adult of this decision which should be confirmed in writing and should include the notice period from when support will terminate. It should also advise the person to seek legal advice if they disagree with the decision. The letter should be translated into the person’s first language as appropriate.

7.2 People excluded from support and returning to country of origin

This applies to people who are in a group excluded from support by Schedule 3 of the Nationality, Immigration and Asylum Act 2002. When the provision of care and support is being refused following a human rights assessment, which has determined that a person can return to their country of origin, then assistance with the return must be offered. This could be provided by the Home Office or local authority.

It will normally be appropriate for the local authority to provide accommodation and financial support whilst return is being arranged.

Where a person refuses an offer of assistance with return to their country of origin and remains in the UK when they have no current immigration permission and no legal barrier preventing them from returning, they should be advised of the risks and difficulties of living in the UK unlawfully:

• the Home Office may undertake enforcement action to remove them from the UK;
• they will not have permission to work (working when a person has no immigration permission to do so is a criminal offence);
• private landlords will not be able to rent, sub- let or set up a paying lodging agreement with a person who has no immigration permission;
• they will not be able to obtain many types of non-urgent NHS treatment unless they can provide full payment upfront, including hospital treatment, some mental health and possibly even drug and alcohol services;
• they will not be able to open a bank account, may have any accounts held closed or frozen, and will be breaking the law if they drive, whether they hold a licence or not.

Where the local authority has lawfully determined that a person can freely return to their country of origin, but the person refuses to do so, the courts have found that any hardship or degradation suffered will be a result of their decision to stay in the country and not as a result of any breach of human rights by the local authority.

7.3 Home Office funded return

The Home Office can fund and arrange travel for people who wish to return to their country of origin.

Any person who is living in the UK without immigration permission or has been refused permission to enter or stay in the UK can apply to undertake a voluntary return.

The Home Office will organise and fund the flight but will expect the person to arrange their own documentation. The Home Office can normally only provide additional support in obtaining documentation when a person has a vulnerability which means that it would be difficult for them to do this by themselves.

However, the person will not be able eligible for an assisted return if they:

• were being investigated by the police or detained by the Home Office;
• have been convicted of an immigration offence and given a deportation order;
•  have already been given humanitarian protection, indefinite leave to remain or refugee status;
• have been informed they are a ‘third country case’; or
• are a European Economic Area (EEA) or Swiss national (unless they have been confirmed to be a victim of trafficking).

A person will usually only have one opportunity to apply for an assisted return.

Methods of contacting the Home Office:

• people can apply online or contact the helpline: 0300 004 0202;
• email: voluntaryreturns@homeoffice.gov.uk;
• local Home Office Immigration Compliance and Enforcement Teams may facilitate voluntary returns involving EEA nationals.

7.4 Local authority funded return

Local authorities have the power to fund a return to the country of origin, although this may arise from different legislation depending on the person’s nationality or immigration status.

For EEA nationals and people with refugee status granted by another EEA state, the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002 provide a power to:

• purchase travel tickets to enable the person to return to their country of origin, and
• provide time-bound interim accommodation pending the return to the country of origin, but not cash payments.

8. Further Reading

8.1 Relevant chapters

Interpreter, Translation and Transcription Process

Modern Slavery

8.2 Relevant information

Assessing and Supporting Adults who have No Recourse to Public Funds (England): Practice Guidance for Local Authorities (NRPF Network) 

Guidance for Adult Social Care (NRPF Network)

No Recourse to Public Funds Network

Appendix A: Full List of EEA Countries

• Austria;
• Belgium;
• Bulgaria;
• Croatia;
• Cyprus;
• Czech Republic;
• Denmark;
• Estonia;
• Finland;
• France;
• Germany;
• Greece;
• Hungary;
• Iceland (not EU member);
• Ireland;
• Italy;
• Latvia;
• Lichtenstein (not EU member);
• Lithuania;
• Luxembourg;
• Malta;
• Netherlands;
• Norway (not EU member);
• Poland;
• Portugal;
•  Romania;
• Slovenia;
• Spain;
• Slovakia;
• Sweden.