Human Rights Assessments (HRA)

Transcription

1 Human Rights Assessments (HRA) Principles: Human Rights Assessments are conducted on individuals who are Appeal Rights Exhausted (ARE). The purpose of a HRA is to determine if the individual s human rights will be violated if the Local Authority ceases support to someone who is illegally in the UK. HRA are based on The Convention for the Protection of Human Rights and Fundamental Freedoms, commonly called the European Convention on Human Rights (ECHR). The primary articles assessed are Article 3 (right to live free from torture, inhuman or degrading treatment) and Article 8 (right to privacy and family life). Occasionally Article 6 is invoked if the person is involved in court proceedings in the UK, and may need to be included in the assessment. If a young person has the option of returning to his/ her country of origin, it will not be a violation of human rights to end support. Legal and practical obstacles to return to country of origin should be examined (i.e. no travel documents, medical issues) and the assessment should address how these obstacles can be overcome. It must be noted that the threshold for a violation of human rights is extraordinarily high (based on case law), so it is rare that an individual will have needs so great that the Local Authority will be compelled to continue support. Being unwilling to return to country of origin is not the same as being unable to return. Destitution is not considered a violation of human rights. HRA must be completed for all young people who are Appeal Rights Exhausted. This must take place within three months of the young person becoming ARE. All ARE yp receiving support from Pathways (subsistence or accommodation or both) must receive a full HRA as described below. If the young person is underground, an HRA is still required using information from the PA and file. HRA should note that whereabouts of yp are unknown, but report is based on information available. If the young person is in touch with the team but not asking for support (i.e. living with friend or relative), a HRA should still be completed, preferably with the young person interviewed. If yp refuses to participate, an HRA should still be completed (as directly above). The only exception to completing a HRA on an ARE yp is if the yp has been deported. If a yp is deported, the following individuals must be 1

2 informed, with date of deportation: Service Co-ordinator, Practice Consultant (line manager of PA), SW allocated HRA (if allocated already), Resource Co-ordinator and Finance and Admin Manager. The Barking and Dagenham has limited effect on the majority of young people Pathways supports. Most yp who are unlawfully in the UK fall under Schedule 3 of the Nationality, Immigration and Asylum Act 2002, which means that the immigration rules override other legislation (i.e. Leaving Care Act 2000). It states that the Local Authority cannot refer to Home Office support in the following two circumstances: If there is an asylum claim outstanding. For example, a yp enters the country at years old and the UKBA does not make a decision on the asylum claim (i.e. does not grant leave to remain or refuse asylum before 18 th birthday). (Typically the cases that Pathways used to claim NASS money for.) If the yp is ARE but applied for asylum at port of entry (i.e. port applicant). However, if port applicants have had asylum claims and applications for further Discretionary Leave rejected and appeals dismissed, they may still fall under Schedule 3. Port applicants should be treated with particular care and a new immigration status check should be requested from the Resource Co-ordinator Barking and Dagenham did not consider the impact of Schedule 3 of the Nationality, Immigration and Asylum Act As this is a critical assessment that can severely impact the life of a yp, an interpreter in the young person s native tongue should be used for all HRA meetings even if the young person is proficient in English. If the yp insists on not using an interpreter, s/he should sign a document acknowledging that an interpreter was offered but refused. (See template) If a young person states that a fresh claim has been submitted at any point, an immigration status must be requested immediately by the Resource Co-ordinator. Following R(Clue) v Birmingham CC [2010] EWCA Civ 460, the Local Authority is not allowed to second guess whether the fresh claim will be accepted by the Secretary of State, and therefore must continue support until a determination has been made by the UKBA. The HRA should still proceed, but note that a fresh claim has been submitted. If there are reasons that the involved workers think that a HRA should be postponed (i.e. self-harming), this MUST be discussed with either Service Co-ordinator or Head of Service prior to the assessment being put on hold. Even if a young person is under the age of 18 when they become ARE and the HRA is completed, Pathways will continue to support until at least the 18 th birthday. A HRA may be initiated following the initial refusal of an asylum claim, but support will continue at least until the client becomes ARE. Once a yp becomes ARE, the financial expenditure for that yp cannot increase. For example, this means that if a new benefit rate is implemented on 1 April for a new financial year, yp who are ARE must continue to receive the same subsistence rate they were on when they became ARE. 2

3 If a young person has a child, coordination between the Intake team and Pathways will need to occur to ensure that the child is safeguarded. Timescales (by calendar days): IMMEDIATE: Upon learning that a young person has become ARE (by whomever learns this information), the following people must be notified: o Service Co-ordinator o Practice Consultant (line manager for worker of young person) o Resource Co-ordinator o Finance and Admin Manager o Worker holding the case (PA/ SW) Day 1: Service Co-ordinator to allocate HRA to SW and document on HRA spreadsheet Individuals who will be included in are: allocated SW, allocated PA to young person, Practice Consultant(s) to SW and PA, Resource Co-ordinator, Finance and Admin Manager. Days 1-3: SW and PA to discuss case and coordinate appointment with young person Invite young person to appointment, in writing, with date, time and venue clearly noted If the case is particularly complex or social worker feels the need for support, request attendance at appointment from another SW in the team Book interpreter in young person s native dialect Days 3-21: Human Rights Assessment to be undertaken in preferably two meetings with the young person Type up HRA and save in the U drive (folder 3.1, Child Assessments ) SW to send HRA to Service Co-ordinator with line manager copied in Day 21 If young person has not shown up for two consecutive appointments, SW to inform PA and PA to stop subsistence funding (see point #6 under Steps to completing a HRA ) and notify relevant individuals Days 21-30: Service Co-ordinator to read HRA and provide any amendments to SW If young person has not shown up for two consecutive appointments, SW to inform PA and PA to stop subsistence funding (see point #6 under Steps to completing a HRA ) 3

4 Days SW and PA to coordinate sharing the outcome of the assessment with the young person SW to make any required amendments to assessment PA to complete termination letter (as required) and send to Service Coordinator Service Co-ordinator to send termination letter to Head of Service Head of Service to send signed copy of termination letter to Personal Advisor PA to save letter onto U drive (if electronic) or copy for file (if paper) Days SW and PA to present signed termination letter to young person Placement Officer to cancel accommodation with four weeks notice By Day 70 Young person to be out of accommodation By Day 75 PA to confirm with Placement Officer that yp out of accommodation PA to confirm with Service Co-ordinator that yp out of accommodation by expected date By age 21 PA to write closure summary and close case Note that these timescales are an abbreviated version of responsibilities. See below for detailed explanation of steps to be completed. Steps to completing a Human Rights Assessment: 1. Once a young person becomes Appeal Rights Exhausted, the PA must inform the Service Co-ordinator, Practice Consultant (line manager), Resource Co-ordinator and Finance and Admin Manager. If anyone besides the direct worker learns that the young person has become ARE, s/he must take responsibility to inform all above parties on the day the information is received. 2. If the young person has a child, Service Co-ordinator must be informed at the time of notification that young person is ARE. A safeguarding plan must be made to ensure the child of the young person is safe through the process. A referral to the Intake Team may be required. 3. Service Co-ordinator will allocate a Social Worker (one) to complete the Human Rights Assessment. The individual allocated will not be the SW who previously had involvement with the young person. (SW report it is too difficult to undertake the HRA with a yp they already 4

5 have a relationship with and have supported, given the potential outcome of making the yp destitute.) If the SW and/or PA feel the case is particularly contentious, the SW may request another SW to assist during the assessment. However, the allocated SW is the one responsible for writing up the HRA. 4. SW to coordinate with young person s worker (usually a PA, but sometimes SW) to arrange an initial meeting with the young person. The initial meeting should include an introduction to the SW, explanation of the HRA, possible outcomes of the HRA, and options the yp will have if the outcome is to end support. Note that the majority of these issues should have already been covered by the SW/PA during discussions about immigration status, but should be discussed again so the young person is aware of the process. (Days 1-21) 5. Social worker to start the HRA. This can be at the first meeting with the PA if that is deemed appropriate, or another meeting can be arranged. HRA will likely take two to three sessions. The HRA should be completed on the Hounslow ECHR template. (Days 1-21) 6. SW allocated to HRA responsible for arranging appointments with yp, but PA should be enlisted to support SW in ensuring yp turns up for appointments and notified of all impending appointments. PA does not need to participate in HRA appointments unless any party feels it necessary (i.e. young person wants support of PA, or for safety reasons, it is deemed best to have two staff members present). 7. If a yp does not turn up for two consecutive appointments, SW to inform PA and PA to stop subsistence funding. PA to send to following individuals with an update of situation: Service Co-ordinator, Practice Consultant (line manager to PA), Resource Co-ordinator and Finance and Admin Manager (with SW copied in). Finance Officers to put a note on subsistence spreadsheet that subs stopped due to lack of participation in HRA. Note that if the young person has responsibility for a child, PA must bring this to the attention of Service Co-ordinator prior to terminating financial support. 8. If subsistence is stopped, PA (and/or SW) to meet with yp when s/he comes to Pathways to collect money to explain why the subsistence has been stopped. PA/ SW to explain the importance of yp participation, and to say that HRA will be completed with or without yp participation, but that yp participation will ensure yp views/ concerns are heard. If yp agrees to participate, subs can be agreed until the next HRA appointment, which should be arranged on that day. If the PA and SW are not available to meet with the yp when yp arrives, duty worker can explain why yp is not receiving subs (since it will be on spreadsheet). Young person to be advised to contact PA/ SW immediately so as to receive subs. Subs will not be authorised until next HRA scheduled. 5

6 If young person makes it clear that s/he will not participate in HRA, move to next step. 9. If young person refuses to participate or after third appointment attempt is arranged and young person does not appear, SW to complete HRA based on information from PA and file. In this situation, it must be noted on assessment that yp refused to participate. PA to reinstate subs for four weeks while HRA is being completed. 10. Completed version of HRA to be saved on U drive by SW under folder 3, Assessments and then in folder 3.1 Child Assessments. (by Day 21) 11. SW to send an to Service Co-ordinator, Practice Consultant (line manager to PA) and PA indicating that HRA is on U drive, ready to be read by management. (by Day 21) 12. Service Co-ordinator or Head of Service to read HRA and send corrections to SW if necessary. SW to correct (if needed) and inform Service Co-ordinator of update on U drive. (Days 21-30) 13. Service Co-ordinator or Head of Service to add Confirmation of recommendation/ decisions at end of HRA and sign report. (If Head of Service, HoS to inform Service Co-ordinator of completion.) (Days 21-30) 14. Service Co-ordinator to SW, PA, Practice Consultants (line managers), Resource Co-ordinator, Finance and Admin Manager and Placement Officer outcome of HRA and update HRA spreadsheet. (Days 21-30) 15. SW and PA to meet with young person to give outcome of HRA and get yp to sign report. If yp refuses to sign report, refusal to be noted on HRA where Service User s signature expected. PA should explain that advice and guidance from PA still available to yp, but no financial support can legally be given. Note if young person is parent caring for a child, liaison with Intake teams will be required to ensure child not placed at risk. (Days 41-43) 16. SW to sign HRA and place on yp s file in Assessment/ Contacts section. 17. PA to prepare termination letter for young person to be signed by Head of Service with notice period of four weeks. (See template) PA to send termination letter to Service Co-ordinator to send to Head of Service. (Days 31-40) 18. Head of Service to sign termination letter and return to Personal Advisor. (Days 31-40) 6

7 19. Whenever possible, Personal Advisor and Social Worker to meet with young person to hand deliver termination letter. If not possible to meet in person, PA to mail termination letter to young person (noting date letter sent in mail book), and Service Co-ordinator, Practice Consultants (line managers), SW, Resource Co-ordinator, Finance and Admin Manager and Placement Officer with date letter mailed and final date of support. 20. Placement Officer to cancel accommodation, and ensure cancellation letter is saved in U drive. (PA, PCs, SC and PO to consider whether yp will need to be moved to a B&B for final two weeks. This should be considered if yp indicates unwillingness to leave current accommodation.) (Days 41-43) 21. On final date of support, PA and Placement Officer to confirm that young person has left accommodation and subsistence is terminated, and Service Co-ordinator, Practice Consultants (line managers), Resource Co-ordinator and Finance and Admin Manager to confirm (PA regarding subs, PO regarding accommodation). (By Day 75) 22. Service Co-ordinator to update spreadsheet. Individual Responsibilities: Young Person responsibilities: Young people are expected to keep Personal Advisors up-to-date about immigration status. Yp are expected to fully consider available options based on immigration status, and be proactive in planning what they may do. (i.e. Voluntary Return, Section 4 support) Yp are expected to attend HRA appointments and participate fully. If, in the unfortunate event, the Local Authority is no longer able to support the yp, yp are expected to leave their accommodation on the required day and make arrangements for belongings. Personal Advisors can assist with this process. Personal Advisor responsibilities: PA should ensure regular discussions occur regarding immigration status, and what it may mean if they become ARE. Voluntary return and section 4 support should be discussed, as well as the process of HRA. Once a young person becomes Appeal Rights Exhausted, the PA must inform the Service Co-ordinator, Practice Consultant (line manager), Resource Co-ordinator and Finance and Admin Manager. If young person is a parent, PA to ensure Service Co-ordinator and Practice Consultant (line manager) are aware so safeguarding plan can be established. 7

8 PA to support SW completing HRA in getting yp to subsequent meetings for HRA. If a yp does not turn up for two consecutive appointments, PA to stop subsistence funding after notification by SW. PA to send to following individuals with an update of situation: Service Co-ordinator Practice Consultant (line manager to PA) Resource Co-ordinator Finance and Admin Manager with SW copied in If subsistence is stopped due to non-engagement, PA (and/or SW) to meet with yp when s/he comes to Pathways to collect money to explain why the subsistence has been stopped. PA/ SW to explain the importance of yp participation, and to say that HRA will be completed with or without yp participation, but that yp participation will ensure yp views/ concerns are heard. If yp agrees to participate, subs can be agreed until the next HRA appointment, which should be arranged on that day. If SW is completing assessment without interviews with young person, PA to reinstate subs for four weeks while HRA is being completed. SW and PA to meet with young person to give outcome of HRA and get yp to sign report. If yp refuses to sign report, refusal to be noted on HRA where Service User s signature expected. PA should explain that advice and guidance from PA still available to yp, but no financial support can legally be given. PA to prepare termination letter for young person to be signed by Head of Service with notice period of four weeks (see above). (See template) PA to send termination letter to Service Co-ordinator to send to Head of Service. Personal Advisor to hand deliver if possible or mail termination letter to young person (noting date letter sent in mail book), and date letter mailed and final date of support to: Service Co-ordinator Practice Consultants (line managers) SW, Resource Co-ordinator Finance and Admin Manager Placement Officer On final date of support, PA to confirm subsistence is terminated and Placement Officer to confirm that young person has left accommodation and confirmation to: Service Co-ordinator Practice Consultants (line managers) Resource Co-ordinator Finance and Admin Manager Social Worker responsibilities: When SW have cases of unaccompanied asylum seeking children, SW should ensure regular discussions occur regarding immigration status, 8

9 and what it may mean if they become ARE. Voluntary return and section 4 support should be discussed, as well as the process of HRA. SW to coordinate with young person s PA to arrange an initial meeting with the young person. Social worker to start the HRA. This can be at the first meeting with the PA if that is deemed appropriate, or another meeting can be arranged. HRA will likely take two to three sessions. The HRA should be completed on the Hounslow ECHR template. SW to arrange subsequent meetings for HRA. If a yp does not turn up for two consecutive appointments, SW to inform PA. If subsistence is stopped due to non-engagement, PA and/or SW to meet with yp when s/he comes to Pathways to collect money to explain why the subsistence has been stopped. PA/ SW to explain the importance of yp participation, and to say that HRA will be completed with or without yp participation, but that yp participation will ensure yp views/ concerns are heard. If yp agrees to participate, subs can be agreed until the next HRA appointment, which should be arranged on that day. If young person refuses to participate or after third appointment attempt is arranged and young person does not appear, SW to complete HRA based on information from PA and file. In this situation, it must be noted on assessment that yp refused to participate. Completed version of HRA to be saved on U drive by SW under folder 3, Assessments and then in folder 3.1 Child Assessments. SW to send an to Service Co-ordinator, Practice Consultant (line manager to PA) and PA indicating that HRA is on U drive, ready to be read by management. Following receiving corrections from Service Co-ordinator or Head of Service, SW to correct (if needed) and inform Service Co-ordinator of update on U drive. SW and PA to meet with young person to give outcome of HRA and get yp to sign report. If yp refuses to sign report, refusal to be noted on HRA where Service User s signature expected. SW to sign HRA and place on yp s file in Assessments/ Contacts section. Duty Officer Responsibilities: If subsistence is stopped due to yp s lack of participation on HRA (as indicated on spreadsheet), and PA allocated case and SW completing HRA not available to meet with yp to have further discussions, duty officer to explain why yp is not receiving subs and advise yp to contact PA/ SW immediately so as to receive subs. Subs will not be authorised until next HRA scheduled. 9

10 Placement Officer Responsibilities: Following completion of HRA, Placement Officer to cancel accommodation, and ensure cancellation letter is saved in U drive. (PA, PCs, SC and PO to consider whether yp will need to be moved to a B&B for final two weeks. This should be considered if yp indicates unwillingness to leave current accommodation.) On final date of support, PA and Placement Officer to confirm that young person has left accommodation and subsistence is terminated, and Service Co-ordinator, Practice Consultants (line managers), Resource Co-ordinator and Finance and Admin Manager to confirm (PA regarding subs, PO regarding accommodation). Resource Co-ordinator Responsibilities: Complete immigration status checks as required. Finance and Admin Responsibilities: If a yp does not turn up for two consecutive appointments, Finance Officers to put a note on subsistence spreadsheet that subs stopped due to lack of participation in HRA following from PA. Ensure that accommodation and subsistence links are monitored, as it would be a rare occasion for a yp to receive one but not the other. Practice Consultant responsibilities: Practice Consultants to ensure issues around HRA are followed up in supervisions with SW completing HRA and PA with ARE cases. This includes verifying yp is in appropriate accommodation (i.e. B&B), that no increases are granted in expenditure for the yp, etc. If ARE young person is a parent, ensure conversation with Service Coordinator occurs to develop safeguarding plan. Service Co-ordinator responsibilities: Service Co-ordinator will allocate a Social Worker (one) to complete the Human Rights Assessment. The individual allocated will not be the SW who previously had involvement with the young person. Service Co-ordinator to ensure safeguarding plan in place for any ARE young person who is also a parent. Service Co-ordinator or Head of Service to read HRA and send corrections to SW if necessary. Service Co-ordinator or Head of Service to add Confirmation of recommendation/ decisions at end of HRA and sign report. Service Co-ordinator to SW, PA, Practice Consultants (line managers), Resource Co-ordinator, Finance and Admin Manager and Placement Officer outcome of HRA and update HRA spreadsheet. Service Co-ordinator to update spreadsheet as needed. 10

11 Head of Service responsibilities: Service Co-ordinator or Head of Service to read HRA and send corrections to SW if necessary. SW to correct (if needed) and inform Service Co-ordinator of update on U drive. Service Co-ordinator or Head of Service to add Confirmation of recommendation/ decisions at end of HRA and sign report. (If Head of Service, HoS to inform Service Co-ordinator of completion.) Head of Service to sign termination letter and return to Personal Advisor. References: Relevant Forms: Introduction Letter Interpreter refused form HRA template (with some guidance) Termination letter template Related Guidance: Assessment and Support of Post 18 UASC s listed as Appeal Rights Exhausted as of June 2012 by LGA, ADCS and NRPF Network 11