High Court approves more support for people experiencing homelessness with No Recourse to Public Funds… but is it as good as it seems?
The situation:
On the 11th of March, we saw the High Court clarify that councils can provide support to rough sleepers who have no recourse to public funds… but what does this mean?
During the pandemic, we saw interventions such as the 'Everyone In' scheme that enabled councils to provide unprecedented support to people experiencing homelessness. This injection of funding from central government to local authorities allowed them to bring 15,000 people across England off of the streets and into temporary accommodation.
However, after the first lock-down came to an end in the summer of 2020, there was a lack of clarity around who remained eligible for housing assistance if they found themselves homeless. Many councils were unsure if this only applied to rough sleepers who could get access to public funds (welfare support), and not rough sleepers who didn't have recourse to public funds.
Thankfully, the High Court has clarified that councils can provide support for everyone experiencing homelessness whilst the Covid-19 pandemic continues to be a major public health concern.
What is 'no recourse to public funds (NRPF)', and who does it apply to?
NRPF essentially means someone who is excluded from claiming public funds (welfare benefits, homelessness assistance, and local authority allocation of social housing), typically due to immigration status. Everyone's case is different, but there are generally 5 groups of people who fall into this category:
People who are in the country legally with a valid visa that has the NRPF condition. Generally, limited leave to enter or remain (i.e. a visa with a time limit) is subject to the NRPF condition.
EEA (European Economic Area) nationals who do not have the right to reside. Pre-Brexit, EEA nationals and their family members (whether EEA nationals or not) could come and go freely within the EEA but in order to access benefits and housing, the EEA national needed to have a right to reside based on employment, self-employment, self-sufficiency etc. With no such right to reside, their access to benefits and housing rights is restricted.
Asylum seekers and refused asylum seekers are also excluded from accessing welfare benefits, homelessness assistance and social housing. Instead, accommodation and financial support is available from the Home Office to those who have a pending asylum claim or appeal, or to refused asylum seekers in certain circumstances.
People with no immigration permission, for example, they have stayed in the UK after the expiry of their visa or after an unsuccessful application for a visa extension. These migrants will not have permission to work.
People who have entered the country without a visa.
More information on this can be found here: https://www.homeless.org.uk/sites/default/files/site-attachments/Supporting%20people%20with%20NRPF%20July20.pdf
Why is it bad?
Excluding people like this can cause serious mental and physical health conditions. Not having a home to go to can take its toll on a person's mental health, causing depression and anxiety disorder. Sleeping rough can also heighten the chances of developing addiction issues and other preventable conditions such as pneumonia.
Why is it such a positive step?
Now the High Court has clarified that these people are eligible for support for the mean-time, many of the issues rough sleepers face are eradicated. Providing suitable housing and support for people is a massive step forward and only yields positive results. The people affected will be able to access support to help move on from their period of homelessness with the stability of a roof over their heads, their mental and physical health won't suffer in the process, and they won't have to endure the horrible experience of sleeping on the streets.
However… there are still some barriers?
The High Court has only provided clarification, not a guarantee that people with NRPF's will receive the support they need. Unfortunately, councils still need enough funding to support people experiencing homelessness. Some councils may not have sufficient funding to be able to do this. So, in some areas, not much will change.
How can you help?
TiB and other homeless focussed organisations are still calling for more funding for these people. We are still doing work behind the scenes to correct these injustices, along with our usual night shelter service. If you would like to contribute to this cause, please donate @ https://www.togetherinbarnet.org/donate