Serco and Asylum Seeker Lock-change Evictions

Caroline Nokes Excerpts

Thursday 27th June 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I thank the hon. Gentleman for securing this debate and providing me with the opportunity to clarify the current position in Glasgow regarding those who are no longer eligible for asylum support or accommodation.

The United Kingdom has a proud history of providing an asylum system that protects and respects the fundamental rights of those individuals who seek refuge from persecution. The Government are committed to working closely with communities and stakeholders to ensure that destitute asylum seekers are provided with safe, secure and suitable accommodation, and that they are treated with dignity while their asylum claim is considered. However, it is important to recognise that the majority of the affected cohort in Glasgow do not have status in the UK. They have sought asylum. Their claim has not been substantiated. They have exhausted the appeals process and they now need to take steps to return to their country of origin.

[Stuart C. McDonald]

Even if some of these individuals have not qualified and have not met the technical definition of what a refugee is, that does not mean they are not vulnerable people, it does not mean they do not have significant needs and it does not mean they should not be treated with dignity. Why do we have a cliff-edge process that means that, if an asylum claim is refused, no alternatives are looked at and there are no ways to try to work with that person to ensure they are looked after properly?

[Caroline Nokes]

At no point have I said that these people are not vulnerable. I have tried to set out that they have had an asylum claim that has not been found to be valid and that they have been through the appeals process. If the hon. Gentleman will give me some time, I will move on to discuss the various means of support that are available, particularly to those we heard about earlier: those who are vulnerable, those who have medical conditions and those who have children.

The system that operates in Glasgow is the same system that operates across the United Kingdom and has been operated by successive Governments since the introduction of the Immigration and Asylum Act 1999. Asylum seekers and their dependants who would otherwise be destitute are provided with accommodation and a weekly cash allowance by the Home Office while their asylum claim and any subsequent appeals are considered. This form of support is usually known as section 95 support. If an asylum seeker is granted refugee status, they are free to take employment and become eligible to apply for mainstream benefits in the same way as British citizens and other permanent residents.

If their asylum claim is refused but they have children at the time their appeal rights are exhausted, they remain on section 95 support until their youngest child reaches 18 years of age or they leave UK. Those without children who exhaust the appeals process lose access to section 95 support, but a very similar form of support, known as section 4 support, is provided so long as they take reasonable steps to leave the UK, or, importantly, show that there is a legal or practical obstacle that prevents their departure. Examples of such an obstacle include: those who are too sick to travel, those who need time to obtain a necessary travel document, and those who have made fresh submissions against the refusal of their asylum claim that have not been resolved.

[Chris Stephens]

I thank the Minister for giving way. This is an important point in terms of someone’s status and their appeal. My understanding from what she says is that someone who has been refused an upper tribunal level could be subjected to an eviction letter. Is the Minister saying that those individuals have effectively 14 days to submit fresh evidence—an article 8 application or the like? Someone who has been refused an upper tribunal level still has the right to submit a fresh claim.

[Caroline Nokes]

The hon. Gentleman is right to point out that they have the right to submit a fresh claim, but I am very anxious to emphasise that what we cannot encourage is a circular process, where people submit claim after claim when a first-tier tribunal and then an upper-tier tribunal found their claim to be unfounded. Circumstances may change, I absolutely accept that, but it is important that, while we treat individuals fairly, the system is upheld.

Decisions to refuse section 4 support attract a right of appeal to an independent tribunal. It is clearly reasonable to limit the offer of section 4 support to people who satisfy these conditions. Providing support indefinitely and without conditions to people who have no right to be in the UK is wrong in principle and risks undermining public confidence in the asylum system.

I have said that it is right that people who have no legal basis to remain in the United Kingdom are not supported indefinitely, but it is also right that they should be aware of their options, and the advice and support available to them. Advice on accessing further support or returning home with support is routinely provided to all whose claim has been refused. However, in the case of this particular cohort of people we have gone further. Since August 2018, we have been working with partners in Glasgow, including Glasgow City Council and the Scottish Refugee Council, to ensure that affected individuals are aware of the further support available to them.

Migrant Help, on behalf of the Home Office, has been reaching out to those affected to explain how they can continue to be supported and accommodated if they take the necessary steps to return to their country of origin. We have also provided information on our assisted voluntary returns scheme, which provides up to £2,000 in reintegration assistance.

Migrant Help has contacted 373 people to discuss these options and conducted 154 advice appointments. The Home Office has also held over 296 conversations about voluntary return. The scheme available is designed to assist those who require more help and includes supporting resettlement in the country of return by providing financial or “in kind” support from an overseas provider.

I should note that a minority of the affected individuals have received a grant of leave to remain, but have none the less refused to leave their accommodation at the end of their eligibility. We are working closely with Glasgow City Council on these cases and have an agreed process to move these individuals into appropriate local authority housing and to access mainstream benefits.

[Chris Stephens]

I thank the Minister for giving way again; she is being most generous. Will she clarify whether those who will potentially be subjected to a lock-change eviction notice over the next few weeks have the right to remain?

[Caroline Nokes]

As I was saying, a small number of people have been granted refugee status, but it is absolutely right that they then move on from accommodation that is designated for destitute asylum seekers, so that the next cohort of asylum seekers can move into that accommodation, and those refugees—who have the right to stay, live and work in this country—move into accommodation that is appropriate for their needs and is not designated part of this asylum support accommodation, which is specifically designed for a cohort of people who are still in the claims process.

As the hon. Gentleman will know, I have also written to all Glasgow MPs with a direct line of contact to Home Office teams, who can work on a case-by-case basis should they have any questions or concerns. All applicants involved have been notified that they can contact their MP for advice and that their MPs have a direct line to the Home Office.

Some concern has been raised about the legal position in relation to issuing lock-change notices, which I would like to clarify. In July 2018, Serco commenced a process of reclaiming properties from those whose asylum applications had been decided and were no longer entitled to support. This was after a similar process had been successfully rolled out in the north-west of England.

The process of issuing a lock-change notice, if an individual refused to leave a property at the end of their entitlement, was paused pending a legal challenge in the Scottish courts. That pause did not affect people’s eligibility to receive asylum support, so those who became appeal rights exhausted or were granted leave to remain continued to receive the normal letter asking them to leave their accommodation. However, in that period, Serco did not follow this up by proceeding with lock changes if the individuals declined to leave.

In April this year, Lord Tyre dismissed two cases brought against Serco and the Home Office contesting this course of action. An appeal has been lodged and is currently sisted. As the cases were dismissed, Serco is now moving to resolve the circumstances of those staying in Serco properties. It is right that it does so.

Finally, I want to clarify the operational process, which I also set out in my recent letter to Glasgow MPs and MSPs.

[Stuart C. McDonald]

The Minister says that it is right for Serco to act in that way given Lord Tyre’s judgment, but surely it would be right for Serco to wait for the outcome of the further appeal. Will she also address the issue of funding for local authorities, with the Home Office having undertaken to work with local authorities to assess the impact of dispersal on their resources? Why has that work been kicked into the long grass?

[Caroline Nokes]

The legal action that was started last year and the judgement concluded in April this year did not provide a barrier to Serco continuing with this activity. It chose to pause it. The further appeal does not provide a barrier and the judgment was very clear. It is right that Serco should seek to make sure that accommodation designated for asylum seekers is available to those who fall into that category.

[Chris Stephens]

rose—

[Caroline Nokes]

I must make a little more progress.

Each week, Serco has provided the Home Office with a list of individuals who are overstaying in properties. The Home Office carefully checks that list against internal databases to ensure that the individuals have not lodged further submissions or new applications to remain, and that there are no known obstacles that would prevent them from leaving the United Kingdom. Once that is confirmed, the information is relayed back to Serco and a notice to quit is served, providing 14 days to leave the property. At the end of that period, if needed, a lock-change notice is served, providing seven days in which to leave the property before the locks may be changed. The first notices were issued on 20 June 2019.

[Chris Stephens]

The Minister can hold this line that the first letters were issued on 20 June, but I will place in the Library letters that were issued before that. Has she clarified with Serco when it issued the first letter, because the date of 20 June is simply factually inaccurate?

[Caroline Nokes]

I set out very clearly earlier—I cannot find the place in my notes right now—that Serco continued with the process because actually there was a cohort that came to everyone’s attention in the summer of last year, but between then and now there have been additional asylum seekers in Serco accommodation who have submitted new claims that have been found not to be substantiated. The process is not set in aspic; it continues the whole time. Different individuals will have come in and new claims will have been made by that cohort. The hon. Gentleman refers to other individuals who received notices to quit, but it is important to reflect that that might have been because their claims were found to be warranted and they were given refugee status and so needed to move into mainstream accommodation. There will also be those whose asylum claim was found not to be substantiated and were not in need of protection.

It remains the position that all of the cohort can apply for section 4 support at any time, and if they do, the process will be suspended until the application is considered and any appeal against its refusal is decided.

[Stuart C. McDonald]

Will the Minister give way?

[Caroline Nokes]

I think that Mr Deputy Speaker is concerned that we are about to use more time than I am permitted.

I am proud of the contribution that our country makes to providing accommodation and support to those seeking asylum. However, when the courts have decided that an asylum claim is not well founded, it is important that the support is available only if the individuals take reasonable steps to leave the UK, or if there is an obstacle to their departure. I am of course always willing to consider practical ideas about how we can further encourage those whose asylum claim has been refused to accept the offer of support on these terms.

Question put and agreed to.