December 2024
Who is this information for?
This information about human rights assessments is for local authorities in the North West of England, who are supporting separated children and young people seeking asylum in the UK and care leavers.
It covers what a human rights assessment is, when they should be carried out, and how to plan for the safety of young people who are facing a human rights assessment.
What is a human rights assessment?
When a care leaver has an asylum claim refused with no pending appeal, their local authority must not end their support without completing a human rights assessment. The purpose is to ensure that there is no breach of human rights of the young person in ending support.
A breach of human rights would arise if a young person would be left homeless and destitute as a result of the termination of support, unless it is established that they are able to return to their country of origin.
When to carry out a human rights assessment
Due to delays in the legal aid and asylum systems, it is likely that unaccompanied children seeking asylum will turn 18 before their claim is accepted or refused.
When a care leaver becomes “appeal rights exhausted” (their asylum claim has been refused and they do not have a pending appeal or another application) the Home Office will end funding to their local authority after three months, unless they complete a human rights assessment that concludes there is a barrier to the young person’s return to their country of origin. This is why a local authority might be in a position of needing to carry out a human rights assessment.
However, a full human rights assessment may not be necessary. These steps should be followed:
- Immigration advice: Before beginning the process, the local authority should ensure that the young person has access to proper, quality immigration advice. This may lead to a possible appeal or another application. Difficulty in accessing legal advice should not be a reason to end support. It is not the social worker’s role in carrying out a human rights assessment to consider the merits of an asylum claim. If the young person discloses any new information or gets any more evidence relating to their asylum claim, they should receive further immigration advice ahead of the human rights assessment.
- Barriers to removal: Support should only be ended if the human rights assessment finds that there are no barriers to removing the young person from the UK. Barriers to removal and reasons why support must not be ended include a young person having:
- An outstanding immigration application or further submissions
- A fresh claim
- Other legal barriers, for example criminal proceedings.
- A change in circumstance that means they might be eligible for another form of leave to remain in the UK, such as private life or family life.
- Practical issues, such as medical issues or inability to obtain travel documents.
If one of these, or any other practice issue, is identified, local authority support should continue.
Please note that although asylum support may be available, the courts have found that this should not be a reason to end care leaver support.
- If a human rights assessment is deemed absolutely necessary, we recommend using resources from NRPF Network (see below). They provide training on completing a human rights assessment, guidance on how to complete one, and a template for a human rights assessment.
Safety planning
The time surrounding an asylum claim refusal and a potential human rights assessment is likely to be very distressing for any young person. There is an increased risk of young people going missing, or “underground”- living and working outside of the immigration system. There is a further risk that young people may feel let down and abandoned by the local authority and the professionals supporting them. Social work managers and supervisors should also be aware of the potential emotional impact carrying out human rights assessments could have on staff.
We recommend:
- Social workers should undertake additional planning to ensure the young person’s safety throughout and after a human rights assessment. For example, young people should receive additional emotional support outside of the assessment and decision.
- Social workers should be aware of any exploitation or trafficking the young person has experienced, any current risks, and this should inform additional safety planning.
- We recommend having sensitive conversations about possible outcomes of the asylum process and the impact on local authority support throughout the young person’s time being looked after. Young people should not feel blindsided by the human rights assessment, and the end of local authority support if that is the outcome.
- Working with young people and their solicitors, including attending meetings and interviews, throughout the asylum process will ensure social workers have a better understanding of the basis of the young person’s asylum claim and possible outcomes. This will make it easier to have conversations with young people about potential human rights assessments. It will also help social workers to gather supporting evidence for any applications, appeals or fresh claims.
- Triple planning will help manage uncertainty for both professionals and young people, ensuring they know what the possible outcomes are. However, a human rights assessment can still be a distressing time for social workers. We recommend additional supervision and reflection throughout. (Please see our triple planning resource for more advice).
Further information and advice:
If you are supporting a care leaver who has become appeal rights exhausted, you can refer to GMIAU through our online form for further immigration advice. If you have any questions, you can contact kathleen@gmiau.org.
Resources:
NRPF Network’s guidance on when and how to undertake a human rights assessment
NRPF Network’s human rights assessment template
Leaving care funding instructions to local authorities 2024 to 2025
Statutory guidance on care of unaccompanied migrant children and child victims of modern slavery
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