Our asylum offer

Definition

The definition of an asylum seeker is someone who has arrived in a country and asked for asylum. Until they receive a decision as to whether, they are a refugee, they are known as an asylum seeker. In the UK, this means they do not have the same rights as a refugee, or a British citizen would.

Administered Support

Across Westmorland and Furness support for asylum seekers is administered by Serco, which is funded via the Home Office. The Resettlement Team are working in collaboration with Serco and wider partners, to ensure individuals are supported in a timely manner. 

Offer for families with school age children

On arrival all school age children will be provided with:

• £100 voucher for school uniform, school coat and school shoes 
• £20 voucher for age-appropriate stationary items including: book bag and stationery

In Westmorland and Furness, we are committed to providing the right support at the right time, in the right way. Many asylum seekers have trauma, they may have witnessed traumatic events, many have gone through great hardship to get here, some may have been exploited or been physically harmed along the way.

As a caring council we are committed to helping all asylum seekers living in the local authority area.  To do this we will make initial contact and seek consent to complete an informal assessment. This will identify their priority needs and any universal support they may be also eligible for.

Where safeguarding needs are identified that do not reach thresholds of children and adults social care support may be offered via an Early Help assessment. 

Please note, we will not offer any legal advice or guidance on the asylum application process.

During the asylum process, we will:

• seek consent and gather ‘key’ information on individuals, this will enable the right support and referrals to be made at the right time
• ensure individuals have access to healthcare and support to complete GP registration if necessary
• ensure children have access to education and support will be provided to complete SA8 school application forms
• signposting to agencies and volunteer groups
• provide access to weekly drop-in support sessions where they can meet members of the local refugee community
• provide access to cultural activities delivered by the Resettlement Team act as an identified local authority ‘point of contact’

Once a positive asylum decision is granted, we will:

• provide support to complete a homelessness application, pending the individual wants to remain in the local authority area (see referral pathway into housing)
• provide support to make an initial ‘benefit claim’, based on need and eligibility
• support to apply for travel documents if required
• provide access to regular drop-in support sessions, where they can join members of the refugee community
• continue access to cultural activities delivered by the Resettlement Team
• continue to be an identified local authority ‘point of contact

Westmorland and Furness Council support 

Referral Pathways into Housing

Council Officers have worked with the Home Office, Migrant Help and Reid in Partnership and the Voluntary Sector to develop a referral process, based on the statutory Duty to Refer.

Once a referral is received and necessary documentation has been confirmed a Homelessness Officer arranges an initial appointment ensuring interpretations services are available.

All homeless presentations are recorded on ‘Locata’.  Statistical data is reported to the Department of Levelling Up Housing and Communities on a quarterly basis.

Officers are seeking best practice solutions to the barriers faced by refugees.

Community Cohesion 

Whilst the Council acknowledges the trauma experience by people seeking asylum, and staff are committed to support individual with care and compassion, refugees are not automatically classed as being in ‘Priority Need’ which may result in street homelessness.  

Positive discrimination is likely to lead to legal challenges and tensions within the community, as there are many other individuals who may have faced equally traumatic circumstances for example traumatic bereavement, sexual exploitation, criminal reprisals relating to ‘County Lines’ activities. 

In Eden and South Lakeland, the lack of affordable accommodation is particularly problematic for cohorts such as key workers, young people, families, veterans, and people evicted on Section 21 notices (no fault evictions).

Work in Progress

• Referral pathway agreed
• Translations services in place
• Severe Weather Emergency Protocols in place
• Recruitment of additional Homelessness Officers/Rough Sleeper Co-ordinator underway
• Rough Sleeper Charter under consultation
• Good working relationships established with the Voluntary Sector
• Homelessness Prevention Grant Uplift to be utilised for staffing costs/rent in advance/deposits
• Engagement with private landlords taking place including companies specialising in shared accommodation (Houses of multiple occupation falling below registration thresholds)

Homelessness Services

Eligible applicants who are threatened with becoming homelessness within 56 days are given help to secure accommodation. It is essential that people falling into this category are referred to the Team as soon as possible.  Refugees often only have 7 days’ notice of eviction from hotels.

Prevention activities include providing information on accessing accommodation; liaising with existing landlords/family to remain in current accommodation; arranging for deposits and rent in advance (subject to eligibility); signposting to other services and registering on Cumbria Choice Based Lettings.

Eligible applicants who are homeless are provided with temporary accommodation where eligibility and priority need is indicated or a temporary duty is owed.  During this time (56 days) a Personalised Housing Plan is developed, and assistance is provided to secure accommodation.

A main housing duty is owed when the duty to relive homelessness has ended and the applicant is eligible for assistance; in priority need and is not intentionally homeless.  The main housing duty ends when the household has had a reasonable offer of long-term accommodation in the private rented sector or social housing.

Main duty no longer applies where a suitable offer of accommodation has been refused ore where the applicant has refused to co-operate with a step in their personalised housing plan.

Legal Framework

All Local Authorities have a statutory duty to prevent and relive homelessness.  

Primary homelessness legislation is contained in Part 7 of the Housing Act 1996, which provides for action to prevent homelessness and assist people threatened with or who are homeless.  

The Homelessness Act 2002 and the Homelessness (Priority Need for Accommodation) (England) Order 2002 introduced the need for a homelessness strategy and extended the priority need categories to include people who are vulnerable as a result of time spent in the armed forces.

The Homelessness Reduction Act 2017 introduced duties for Local Authorities to take action at an earlier stage to prevent homelessness and to support households already homeless to find secure accommodation.  

In 2021 the Domestic Abuse Act strengthened support to Victims of Domestic Abuse and included a new definition which Local Authorities must use.

Part 6 of the Housing Act 1996 requires Local Authorities to have an allocations scheme to determine the allocation of social housing.

Priority Need

Individuals/households presenting as homeless are assess according to ‘priority need’.

Care leavers aged 18- 20, people at risk of domestic abuse, pregnant or living with dependent children or homeless as a result of fire, flood or other disaster which prevents them living in their home are automatically classed as ‘priority need’.

All other applicants are assessed according to their vulnerability which includes: time spent in care, prison or the armed forces; mental health problems or learning disabilities; serious health conditions; fleeing from violence; old age. When assessing vulnerability, the local authority must consider if the person is significantly more vulnerable than an ordinary person would be if they were made homeless.

The homeless team will ask for supporting evidence when determining priority need.

Cumbria Choice Based Lettings (CBL)

Cumbria Choice is a partnership between the two Local Authorities in Cumbria and six Housing Associations with a single allocations policy and application form for all available Social Housing across Cumbria.

Eligible applicants are placed into one of three Bands according to their need. 

• Band A: urgent housing need to move
• Band B: statutory housing need to move
• Band C: all other applicants in housing need.

Only those applicants with a local connection to Cumbria and who also have an assessed statutory housing need, as defined by this policy, are eligible to be included for the statutory reasonable preference housing needs Bands A and B. 

Local lettings policies and Section 106 agreements also apply to some housing stock further restricting allocation to household meeting the specific requirements.

Refugees are deemed to have a local connection to the area in which they lived at the time of their positive asylum decision both for homelessness and CBL applications.

It should be noted that waiting lists are extensive, including households placed in B and A.