Serco and Asylum Seeker Lock-change Evictions

Debate between Caroline Nokes and Chris Stephens

Thursday 27th June 2019 Commons Chamber

[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.

[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.

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[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.

Oral Answers to Questions

Debate between Caroline Nokes and Chris Stephens

Monday 21st January 2019 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

The National newspaper this morning reports on a female constituent who has been detained and is due to be removed tomorrow despite court papers having been lodged at the Court of Session at the start of the month. Is this the hostile environment in action, and either way will the Minister meet me urgently so that we can secure the immediate release of this constituent?

[Caroline Nokes]

I am, of course, very happy to meet the hon. Gentleman to discuss this case. He will be conscious that it would be inappropriate for me to discuss it on the Floor of the House, but I will meet him privately immediately afterwards.

Oral Answers to Questions

Debate between Caroline Nokes and Chris Stephens

Monday 29th October 2018 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

13. What steps he is taking to ensure that asylum seekers are adequately maintained and accommodated; and if he will make a statement.

[The Minister for Immigration (Caroline Nokes)]

The Government are committed to protecting the rights of asylum seekers and to ensuring that those who would otherwise be destitute are provided with accommodation and other support to meet their essential living needs. We continue to work closely with local government, the devolved Administrations, the private sector and civil society to make improvements to the services that are provided.

[Chris Stephens]

The Minister will be aware that, following a legal challenge in Scotland’s Supreme Court by two of my constituents and Govan Law Centre, Serco undertook to put its lock-change evictions on hold. Is she aware that Serco is verbally threatening my constituents with lock-change evictions? Does she agree that that is completely unacceptable, and will she investigate?

[Caroline Nokes]

It is important that the Home Office continues to work with Serco, Glasgow City Council and non-governmental organisation partners as part of a dedicated taskforce to make sure that all those individuals who are no longer entitled to asylum support or accommodation are managed appropriately. The hon. Gentleman is of course right to point out that, following his constituents’ legal challenge, no service users have been evicted while the appeal is ongoing.

Asylum Accommodation Contracts

Debate between Caroline Nokes and Chris Stephens

Wednesday 10th October 2018 Westminster Hall

[Caroline Nokes]

Officials have of course engaged with local authorities and will continue to do so, and they have shared with both local authorities and stakeholders the statement of requirements, which has been the subject of much discussion among some Members this afternoon. I am perfectly happy to share that statement of requirements, as some hon. Members requested. I see absolutely no obstacle to doing that, given that we have already shared it with a number of stakeholders and local authorities.

The hon. Members for Glasgow North East (Mr Sweeney) and for Glasgow South West (Chris Stephens) raised the Serco contract, and the hon. Member for Glasgow South West commented on the timing of Serco’s announcement. From Serco’s perspective it was probably very unfortunate timing, as I was pretty much already on my way to Glasgow. However, that gave me the opportunity to have some very constructive engagement with Glasgow City Council, and later with the Scottish Government.

I am perhaps sometimes too much of an optimist and look for the positives in even very negative situations, and one thing that situation taught us is the benefit of making sure that there are information-sharing mechanisms between the Home Office, local government and the accommodation providers. That is absolutely key. We must all instinctively understand that by sharing information, we will get a better outcome. To be frank, one can face the obstacle of not being allowed to share sensitive data, but we are all working towards the right outcome for individuals so we actually have to find mechanisms—not just for the Glasgow contract, but across all these contracts—to find a better way to share information.

[Chris Stephens]

Does the Minister share my concern that Serco was bandying around unfortunate terms such as “failed asylum seekers”? Will the Minister tell us from where Serco received the information that there were 300 so-called failed asylum seekers?

[Caroline Nokes]

It would be unfair of me today to comment on numbers without having them immediately to hand, but what is clear through that process, as I think the hon. Member for Glasgow North East pointed out, is that some of those individuals had submitted additional claims for asylum and some were still at an appeals process. That absolutely indicates that the information sharing has to be of the highest quality.

We all know, although Members may find it uncomfortable, that through the asylum process there are many opportunities to submit appeals and to make fresh or additional claims. That sometimes puts accommodation providers, and indeed the Home Office, in the difficult position of having to consider claims and have them properly go through the courts. When people’s claims for asylum are found by the courts not to be appropriate, of course we have to take action. In situations where there are people in accommodation that should actually be used by new asylum claimants or those who are at an earlier stage in the process, we are left in a very difficult situation. As the Home Office—I have been completely candid about this—we have to improve our ability to ensure that those with no valid claim for asylum are assisted to return to their country of origin; unfortunately, we have to do that.

Oral Answers to Questions

Debate between Caroline Nokes and Chris Stephens

Monday 16th July 2018 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

7. Whether he plans to change the fees for immigration and nationality applications; and if he will make a statement.

[The Minister for Immigration (Caroline Nokes)]

The Home Office reviews all immigration and nationality fees annually, with any changes normally implemented in April each year. We currently have no agreed plans to change fee levels, but the process for considering whether any changes are necessary commences in the summer and parliamentary approval has to be gained before any changes are made.

[Chris Stephens]

The Minister will be aware that immigration fees for limited leave to remain have increased by 79% in four years to £1,033 per person, with no reduction for children. Does she appreciate that the cost can be crippling for families with a number of children going through that process, and will she at the very least look at reducing fees for children so that they cover processing alone?

[Caroline Nokes]

I thank the hon. Gentleman for his question. I am of course alive to the points made at recent Home Affairs Committee meetings and in the recent Lords debate on child citizenship fees. In due course, I will also consider the findings of the scheduled review by the independent chief inspector of borders and immigration.

Housing Benefits (18 to 21-year-olds)

Debate between Caroline Nokes and Chris Stephens

Tuesday 7th March 2017 Commons Chamber

[Caroline Nokes]

As I have said repeatedly, we have put in place a long list of exemptions precisely to prevent homelessness. Those who are unable to return to the family home will be exempt from the policy, so we do not expect it to increase homelessness.

[Chris Stephens (Glasgow South West) (SNP)]

The lack of a published impact assessment is simply scandalous. Will the Minister tell us the measured impact on a vulnerable young person who has had to leave home because of difficulties or abuse, and who is now being asked to prove that abuse just so they can get the housing support they need to live away from their family?

[Caroline Nokes]

A vulnerable young person who has had to leave home because of abuse will, of course, be exempt.

Jobcentre Plus Offices: Closure

Debate between Caroline Nokes and Chris Stephens

Monday 30th January 2017 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

I refer the House to my entry in the Register of Members’ Financial Interests.

May I tell the Minister that the Government appear to be making exactly the same errors as they did with the announcement of the Glasgow closure programme? Will the Minister tell us why the Scottish Government were not consulted, as per the Smith agreement? Why did she say in answer to my hon. Friend the Member for Inverclyde (Ronnie Cowan) that jobcentres have catchment areas, when written answers to Members of the House have suggested that there are no catchment areas for jobcentres? Will she also tell us why the written ministerial statement indicated that redundancies may be required, and may we have further detail on that? Finally, what support, if any, will be available to claimants, particularly those with caring responsibilities, who have to travel greater distances?

[Caroline Nokes]

The hon. Gentleman will of course be conscious that, as an employer, the DWP has sought to put its staff first and to make sure that they are informed first about the proposals. It is important to reflect that we need to make sure we have good working relations with the Scottish Government, and he will be aware that my hon. Friend the Minister for Employment travelled to the Musselburgh jobcentre the week before last. It does matter to us that people get to go to the jobcentre most convenient for them. That need not be the one allocated to them by the jobcentre, but could be one they choose for themselves. In every instance, we are seeking to make sure that claimants can work with their work coach and go to the jobcentre that is most appropriate for them.

DWP Estate

Debate between Caroline Nokes and Chris Stephens

Wednesday 18th January 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Welfare Delivery (Caroline Nokes)]

It is, as always, a pleasure to serve under your chairmanship, Ms Dorries. I add my congratulations to the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) on securing this debate and to all hon. Members who have contributed to it. We have had quite a geographic spread—obviously, the majority of hon. Members who have spoken are from Scotland, but the south-west, the north-west and of course Northern Ireland have been represented. I thank those hon. Members for their comments.

Our network of jobcentres is absolutely at the heart of Department for Work and Pensions services. Across the country, jobcentre staff work hard to help people to access the support and assistance they need to move into employment and into better and more employment—and it is working. The claimant count has dropped from almost 1.5 million in 2010 to around 800,000 now. Unemployment is down by more than 900,000 since 2010, as the economy has grown. We are at near record levels of employment across the country.

As the needs of our claimants have changed, so have our jobcentres, and rightly so. The way that the Department is delivering its services is changing in response to significant societal trends. The Department continues to make the most of the opportunity technology brings and more services are moving online, reflecting that increase in digital capability and accessibility. Eight out of 10 claims for jobseeker’s allowance are made using digital channels and almost 90% of universal credit claims are currently made online.

There are several examples where the Department is working in shared Government facilities or with local authorities and other local partners. The hon. Member for Glasgow North East (Anne McLaughlin) and my hon. Friend the Member for North Swindon (Justin Tomlinson) both mentioned co-location and talked about hubs where we can bring services together and make local arrangements that bring—

[Chris Stephens]

rose—

[Natalie McGarry]

rose—

--- Later in debate ---

[Caroline Nokes]

When I have been visiting jobcentres up and down the country, I do not recognise a toxic brand. In fact, I recognise very hard-working staff who champion the successes that they have had and the jobs that they have helped people into.

[Chris Stephens]

If co-location is such a good thing, why was there no consultation with the local authorities and other public bodies in Glasgow before the announcement of the jobcentre closures? Co-location could have been a solution to the issue.

[Caroline Nokes]

I thank the hon. Gentleman for his intervention. Of course the DWP works hard with the Scottish Government and other local authorities to ensure that we investigate opportunities. I am conscious that, in Glasgow, outreach and co-location services are already provided at Anniesland College. I want to see more of that. Outreach provides one of the solutions to helping jobseekers where they are, rather than expecting them to travel to centres. The working environments are good, more of the services that customers use when there is co-location are in one place and it can cost considerably less to run services. We are building on partnerships with local organisations to expand that range. As I mentioned, in Glasgow, we work closely with Anniesland College to offer services, including helping claimants with their job searches and offering benefit advice.