Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what safeguards are in place for looked after children or care leavers who are EEA nationals where parents retain parental rights but do not exercise their parental rights to apply for their children’s leave under the EU Settlement Scheme.
Answered by Caroline Nokes
The Home Office has put in place a comprehensive vulnerability strategy to ensure that the EU Settlement Scheme (EUSS) is accessible for all, including children in care.
The Home office has been engaging with relevant stakeholders such as the Department for Education, Local Government Association and Association of Directors of Children’s Services to assess the needs of this group and ensure they are supported.
For England, Scotland and Wales local authorities (LAs) and for Northern Ireland Health and Social Care Trusts (HSCTs) will have responsibility in ensuring that applications are made on behalf of all looked after children for whom they have full parental responsibility and who are EEA citizens or family members and to assist with accessing services with status once granted.
If the child is cared for under shared care provisions, then it is LAs and HSCTs responsibility to ensure that the child, and their carers, are aware of the need to make an application to the EUSS, signposting and pointing them to practical support where needed.
LAs and HSCTs also have continuing duties to support care leavers and therefore have the responsibility to identify those eligible to apply to EUSS and to ensure that they make an application. Making an application to EUSS for those who are eligible and to keep an adequate record of applications and status granted should form part of the necessary pathway planning for care leavers ordinarily carried out by LAs and HSCTs in the discharge of their duties.
A child does not require consent from an adult in order to apply and can make their own application. However, children who have failed to make an application by the deadline as a result of a parent or guardian having failed to submit an application on their behalf would meet the criteria for being permissible to submit a late application.
It is not possible to apply for British citizenship under the EUSS. There is no requirement for any local authority to make an application for British citizenship on behalf of a looked after child: EEA and Swiss children, and the non-EEA children of EEA and Swiss citizens, can obtain the status they need to remain in the UK by making a free application to the EUSS. As there is no need for LAs or HSCTs to make applications for citizenship there is no reason why any of the costs of doing so should be incurred, unless the LA or HSCT voluntarily chooses to do so.
Obtaining identity documents should be a familiar process for LAs and HSCT due to these documents being required in other circumstances.
The Home Office has introduced a range of support including up to £9 mil-lion grant funding for voluntary and community organisations, assisted digital support and support via the EU Settlement Scheme Resolution Centre.
A New Burdens Assessment has also been produced in collaboration with key stakeholders representing local authorities and children’s social services to ensure they are funded to identify and support eligible EEA children and family members in care.
The EUSS has been designed to be streamlined and user-friendly, and the majority of applicants will be able to apply without the need for general advice from a lawyer on rights to enter or remain required as a result of the Bill.
As the scheme is free to apply and simple to navigate, it is not anticipated that applicants will need legal aid but it will be available to some particularly vulnerable individuals. Legislation will also be introduced to bring immigration matters for separated migrant children into the scope of legal aid, meaning this group will get support in securing their immigration rights. Legal aid may also be available through the Exceptional Case Funding scheme where a failure to provide legal aid would breach, or risk breaching, ECHR or enforceable EU law rights.
The Home Office has created and issued guidance about the EUSS to help LAs and HSCTs understand their responsibilities for supporting looked after children and care leavers and how to apply. The EUSS has been designed to be as simple as possible, but we have committed to working with applicants, and those supporting them, to ensure they obtain the status they need where required. The guidance is clear that where necessary, because of case complexity, or if there is any doubt about how to proceed, that the LA or HSCT may consider obtaining independent legal advice, in line with their own organisation’s processes and policies.
Some of the voluntary and community organisations who receive support from the grant funding will also be able to provide legal advice.
Swiss citizens continue to enjoy the same rights and status as EEA citizens while the UK remains a member of the EU. Like EEA citizens, they can protect those rights and obtain a permanent UK immigration status by applying to the EUSS by 31 December 2020.
In the event that the UK leaves the EU without a deal eligible EEA and Swiss citizens, and their family members, resident in the UK by the date that the UK leaves the EU, will have until 31 December 2020 to make an application to the EUSS. However, the Government has confirmed that it will take a proportionate approach to those that miss the deadline and make provision for those with a good reason for missing it to apply later. A child whose parent or guardian fail to make an application on their behalf would meet this criteria.
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment he has made of the status of children who are Swiss nationals and either in care orders or are care leavers.
Answered by Caroline Nokes
The Home Office has put in place a comprehensive vulnerability strategy to ensure that the EU Settlement Scheme (EUSS) is accessible for all, including children in care.
The Home office has been engaging with relevant stakeholders such as the Department for Education, Local Government Association and Association of Directors of Children’s Services to assess the needs of this group and ensure they are supported.
For England, Scotland and Wales local authorities (LAs) and for Northern Ireland Health and Social Care Trusts (HSCTs) will have responsibility in ensuring that applications are made on behalf of all looked after children for whom they have full parental responsibility and who are EEA citizens or family members and to assist with accessing services with status once granted.
If the child is cared for under shared care provisions, then it is LAs and HSCTs responsibility to ensure that the child, and their carers, are aware of the need to make an application to the EUSS, signposting and pointing them to practical support where needed.
LAs and HSCTs also have continuing duties to support care leavers and therefore have the responsibility to identify those eligible to apply to EUSS and to ensure that they make an application. Making an application to EUSS for those who are eligible and to keep an adequate record of applications and status granted should form part of the necessary pathway planning for care leavers ordinarily carried out by LAs and HSCTs in the discharge of their duties.
A child does not require consent from an adult in order to apply and can make their own application. However, children who have failed to make an application by the deadline as a result of a parent or guardian having failed to submit an application on their behalf would meet the criteria for being permissible to submit a late application.
It is not possible to apply for British citizenship under the EUSS. There is no requirement for any local authority to make an application for British citizenship on behalf of a looked after child: EEA and Swiss children, and the non-EEA children of EEA and Swiss citizens, can obtain the status they need to remain in the UK by making a free application to the EUSS. As there is no need for LAs or HSCTs to make applications for citizenship there is no reason why any of the costs of doing so should be incurred, unless the LA or HSCT voluntarily chooses to do so.
Obtaining identity documents should be a familiar process for LAs and HSCT due to these documents being required in other circumstances.
The Home Office has introduced a range of support including up to £9 mil-lion grant funding for voluntary and community organisations, assisted digital support and support via the EU Settlement Scheme Resolution Centre.
A New Burdens Assessment has also been produced in collaboration with key stakeholders representing local authorities and children’s social services to ensure they are funded to identify and support eligible EEA children and family members in care.
The EUSS has been designed to be streamlined and user-friendly, and the majority of applicants will be able to apply without the need for general advice from a lawyer on rights to enter or remain required as a result of the Bill.
As the scheme is free to apply and simple to navigate, it is not anticipated that applicants will need legal aid but it will be available to some particularly vulnerable individuals. Legislation will also be introduced to bring immigration matters for separated migrant children into the scope of legal aid, meaning this group will get support in securing their immigration rights. Legal aid may also be available through the Exceptional Case Funding scheme where a failure to provide legal aid would breach, or risk breaching, ECHR or enforceable EU law rights.
The Home Office has created and issued guidance about the EUSS to help LAs and HSCTs understand their responsibilities for supporting looked after children and care leavers and how to apply. The EUSS has been designed to be as simple as possible, but we have committed to working with applicants, and those supporting them, to ensure they obtain the status they need where required. The guidance is clear that where necessary, because of case complexity, or if there is any doubt about how to proceed, that the LA or HSCT may consider obtaining independent legal advice, in line with their own organisation’s processes and policies.
Some of the voluntary and community organisations who receive support from the grant funding will also be able to provide legal advice.
Swiss citizens continue to enjoy the same rights and status as EEA citizens while the UK remains a member of the EU. Like EEA citizens, they can protect those rights and obtain a permanent UK immigration status by applying to the EUSS by 31 December 2020.
In the event that the UK leaves the EU without a deal eligible EEA and Swiss citizens, and their family members, resident in the UK by the date that the UK leaves the EU, will have until 31 December 2020 to make an application to the EUSS. However, the Government has confirmed that it will take a proportionate approach to those that miss the deadline and make provision for those with a good reason for missing it to apply later. A child whose parent or guardian fail to make an application on their behalf would meet this criteria.
Asked by: Lord Jones of Cheltenham (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what assessment they have made, if any, of advertisements placed by the University Hospital of Dusseldorf in Polish newspapers published in the UK seeking to recruit Polish nurses currently working in the NHS by offering better pay, weather and food.
Answered by Baroness Blackwood of North Oxford
The Government has not made any assessment of the advertisements placed by the University Hospital of Dusseldorf in Polish newspapers published in the United Kingdom.
However, we are clear that we want the 167,000 European Union nationals – including Polish nationals – who currently work in the health and social care sectors to stay in the UK after we leave the European Union. EU nationals are essential to the proper functioning of our health and social care services, and we care deeply about those who provide the vital care services that patients expect and deserve.
Asked by: Luciana Berger (Liberal Democrat - Liverpool, Wavertree)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what contingency plans his Department has in place to ensure that reciprocal healthcare arrangements stay in place for UK citizens living in European countries following the UK leaving the EU (a) with and (b) without an agreement.
Answered by Stephen Hammond
The United Kingdom Government appreciates the importance of retaining reciprocal healthcare arrangements with the European Union and has been clear in the negotiations that it wants to protect the rights of UK citizens in the EU. Extensive work to prepare for a ‘no deal’ scenario, including contingency planning, has been under way for over two years and we are taking necessary steps to ensure the country continues to operate smoothly from the day we leave.
Subject to the Withdrawal Agreement being agreed by Parliament, during the implementation period the current rules on reciprocal healthcare will continue until December 2020. The rights of UK nationals living in the EU, and who fall within the scope of the Withdrawal Agreement, will continue to be protected after December 2020, for as long as these individuals remain in scope of the Withdrawal Agreement. This includes state pensioners already benefiting from that cover.
In the event that the UK exits the EU without a deal, EU citizens resident in the UK by 29 March 2019 will be able to stay and continue to access in country benefits and services, including healthcare, on broadly the same terms as now. This demonstrates the UK Government’s ongoing commitment to citizens and removes any ambiguity over their future. We are engaging with EU counterparts to urge them to make the same commitment to protect the rights of UK nationals in the EU.
The reciprocal healthcare system requires reciprocity from the EU or individual Member States and cannot be protected unilaterally. The UK Government is seeking agreements with Member States, so that no individual, including retired UK citizen living in other EU Member States, will face sudden changes to their healthcare cover.
The Government has published updated advice for UK persons resident in countries in the European Economic Area as well as for those wishing to travel to such countries with specific information on potential changes to access to reciprocal healthcare and precautions they may wish to take in the event of a ‘no deal’ scenario.
General information is available on the GOV.UK website and country-specific advice can be found under the relevant sections of NHS.UK as well. This includes guidance for UK citizens living in European countries and suggestions on alternative arrangements they may wish to make, should existing arrangements such as the European Health Insurance Card scheme cease, which appears as a section under the profile of each individual country.
The information provided on these pages will be updated in light of new developments and changing circumstances.
Asked by: Luciana Berger (Liberal Democrat - Liverpool, Wavertree)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what plans his Department has to ensure retired UK citizen living in other EU Member States will have access to healthcare in the event that the UK leaves the EU without a deal.
Answered by Stephen Hammond
The United Kingdom Government appreciates the importance of retaining reciprocal healthcare arrangements with the European Union and has been clear in the negotiations that it wants to protect the rights of UK citizens in the EU. Extensive work to prepare for a ‘no deal’ scenario, including contingency planning, has been under way for over two years and we are taking necessary steps to ensure the country continues to operate smoothly from the day we leave.
Subject to the Withdrawal Agreement being agreed by Parliament, during the implementation period the current rules on reciprocal healthcare will continue until December 2020. The rights of UK nationals living in the EU, and who fall within the scope of the Withdrawal Agreement, will continue to be protected after December 2020, for as long as these individuals remain in scope of the Withdrawal Agreement. This includes state pensioners already benefiting from that cover.
In the event that the UK exits the EU without a deal, EU citizens resident in the UK by 29 March 2019 will be able to stay and continue to access in country benefits and services, including healthcare, on broadly the same terms as now. This demonstrates the UK Government’s ongoing commitment to citizens and removes any ambiguity over their future. We are engaging with EU counterparts to urge them to make the same commitment to protect the rights of UK nationals in the EU.
The reciprocal healthcare system requires reciprocity from the EU or individual Member States and cannot be protected unilaterally. The UK Government is seeking agreements with Member States, so that no individual, including retired UK citizen living in other EU Member States, will face sudden changes to their healthcare cover.
The Government has published updated advice for UK persons resident in countries in the European Economic Area as well as for those wishing to travel to such countries with specific information on potential changes to access to reciprocal healthcare and precautions they may wish to take in the event of a ‘no deal’ scenario.
General information is available on the GOV.UK website and country-specific advice can be found under the relevant sections of NHS.UK as well. This includes guidance for retired UK citizens living in other EU Member States and suggestions on alternative arrangements they may wish to make, should existing arrangements such as the European Health Insurance Card scheme cease, which appears as a section under the profile of each individual country.
The information provided on these pages will be updated in light of new developments and changing circumstances.
Asked by: Jim Cunningham (Labour - Coventry South)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what assessment his Department has made of the potential effect on (a) staffing levels and (b) recruitment of EU nationals within the social care sector of the UK leaving the EU without a deal.
Answered by Caroline Dinenage
The Government does not anticipate leaving the European Union without a deal and remains committed to reaching a deal before the 29 March 2019. We also recognise the importance of ensuring that the social care system has the nurses, carers and other health professionals that it needs. The EU workforce in the social care sector is absolutely essential to its proper functioning and we deeply care about those who provide the vital care services that patients expect and deserve.
It is likely, however, that there will be some decrease in the flow of so-called lower skilled workers from abroad. In recognition of this, on 12 February the Government launched a new national adult social care recruitment campaign. The campaign, ‘Every Day is Different’ showcases how rewarding and varied social care careers can be, with opportunities for progression and professional development. The campaign will run across February and March and raise the image and profile of the sector and encourage people with the right values to apply for current vacancies. The Government also continues to work with its delivery partner Skills for Care to provide a range of resources and practical toolkits for providers to help attract, train and retain staff.
Asked by: Paul Farrelly (Labour - Newcastle-under-Lyme)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what steps his Department is taking to ensure that British citizens can access medical treatment in EU countries (a) for free or (b) at a reduced cost after 29 March 2019.
Answered by Stephen Hammond
The United Kingdom Government appreciates the importance of retaining reciprocal healthcare arrangements with the European Union and has been clear in the negotiations that it wants to protect the rights of UK citizens in the EU.
Subject to the Withdrawal Agreement being agreed by Parliament, during the implementation period the current rules on reciprocal healthcare will continue until December 2020. The rights of UK nationals living in the EU, and who fall within the scope of the Withdrawal Agreement, will continue to be protected after December 2020, for as long as these individuals remain in scope of the Withdrawal Agreement.
In the event that the UK exits the EU without a deal, EU citizens resident in the UK by 29 March 2019 will be able to stay and continue to access in country benefits and services, including healthcare, on broadly the same terms as now. This demonstrates the UK Government’s ongoing commitment to citizens and removes any ambiguity over their future. We are engaging with EU counterparts to urge them to make the same commitment to protect the rights of UK nationals in the EU. The UK Government is seeking agreements with Member States, so that no individual will face sudden changes to their healthcare cover.
Asked by: Lord Smith of Leigh (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what percentage of NHS staff, per region in England, are citizens of other EU member states; and what assessment they have made of the impact of Brexit on those employees.
Answered by Baroness Blackwood of North Oxford
NHS Digital publishes Hospital and Community Health Services (HCHS) workforce statistics. These include staff working in hospital trusts and clinical commissioning groups, but not staff working in general practitioner surgeries, local authorities or other providers.
The following table shows the percentage of HCHS staff that are known to have an EU27 nationality in England and by Health Education England region, as at 31 October 2019, headcount.
| Percentage of HCHS staff with an EU27 nationality |
England | 5% |
Of which: | |
Health Education East Midlands | 3% |
Health Education East of England | 7% |
Health Education Yorkshire and the Humber | 2% |
Health Education Wessex | 7% |
Health Education Thames Valley | 9% |
Health Education North West London | 10% |
Health Education South London | 10% |
Health Education North Central and East London | 11% |
Health Education Kent, Surrey and Sussex | 7% |
Health Education North East | 2% |
Health Education North West | 3% |
Health Education West Midlands | 3% |
Health Education South West | 5% |
Source: NHS Digital
These figures are based on nationality data held on the Electronic Staff Record. It is self-recorded, so can differ from an individual’s citizenship or immigration status.
The Government is committed to ensuring that the over 63,000 European Union nationals that work in the National Health Service not only stay in the United Kingdom after we leave the EU, but feel welcomed and encouraged to do so. Part of this commitment is mitigating against any potential impact that EU exit might have on EU citizens in the UK. To help achieve this, the Home Office has opened the public testing phase of the EU Settlement Scheme. All EU nationals are eligible to apply to the scheme’s public testing phase. Furthermore, to help facilitate as many applications as possible, the Prime Minister announced on 21 January 2019 that, as of 30 March 2019, all applications to the settlement scheme will be free. Additionally, where individuals have applied, or do apply, before that date, and are charged an application fee, then this fee will be refunded.
Asked by: Tom Brake (Liberal Democrat - Carshalton and Wallington)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, which EU countries the Government has secured bilateral health agreements with in the event that the UK leaves the EU without a deal.
Answered by Stephen Hammond
We want to secure reciprocal arrangements bilaterally with Member States in a ‘no deal’ scenario, so that no-one faces sudden changes to how they obtain healthcare.
The United Kingdom and Irish Governments have both set out their firm intention to maintain the Common Travel Area and to protect the associated reciprocal rights enjoyed by UK and Irish nationals when in each other’s state, including access to healthcare services, whatever the terms of the UK's withdrawal from the European Union. Bilateral work with Ireland in this area is at an advanced stage.
The UK has approached and is in ongoing discussions with other Member States about protecting access to healthcare bilaterally, through reciprocal arrangements.
Asked by: Luciana Berger (Liberal Democrat - Liverpool, Wavertree)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 22 January 2018 to Question 211317 on NHS: Agency Workers, what estimate his Department has made of the potential increase in costs as a result of staff shortages after the UK leaves the EU (i) with and (ii) without a deal.
Answered by Stephen Hammond
The Government continues to monitor and analyse overall staffing levels across the health and social care sector, and we are working across Government to ensure there will continue to be sufficient staff to deliver the high-quality services on which patients rely following the United Kingdom’s exit from the European Union. We are working with EU nationals to ensure that they stay in the UK, and feel welcome and encouraged to do so.