Agenda item

Supporting European Union (EU) nationals with No Recourse to Public Funds

Report of the Director of Community and Children’s Services.

Minutes:

The Sub-Committee considered a report of the Director of Community and Children’s Services on supporting European Union nationals with no recourse to public funds and the following points were made:

 

  • There would be a number of legislative changes in relation to the UK’s exit from the European Union on 1 January 2021.  New arrivals to the UK after 31 December 2020 would no longer have access to the EU Settlement Scheme or recourse to public funds.  For those who arrived in the UK prior to 31 December 2020, the deadline to apply for the EU Settlement Scheme was 30 June 2021, after which those who failed to register successfully for the EU Settlement Scheme would also have no recourse to public funds.  In response to a question from a Member, the Head of Homelessness Prevention and Rough Sleeping advised that in 2019/20, 134 rough sleepers met by Outreach Services were recorded as European Economic Area (EEA) nationals. 

 

  • Outreach Teams were supporting eligible rough sleepers to apply for settled status but this could be difficult as some rough sleepers were reluctant to engage with the EU Settlement Scheme process or unable to provide necessary documentation.  There was currently a lack of detailed guidance over what support could be offered to EEA nationals who were unable or unwilling to apply for settled status; however, there might be scope to meet critical needs within the Care Act 2014 and Human Rights Act 1998, and external counsel had been approached for guidance on this issue.  It would be possible to provide accommodation for most rough sleepers who had applied for EU Settled Status in the short-term whilst they awaited the outcome of their application.  The Chairman underlined the importance of supporting all eligible rough sleepers to apply for settled status by the deadline. 

 

  • Members were advised that it was proposed that the City of London Corporation’s current approach to supported reconnection should continue supporting EEA nationals without recourse to public funds, with the expectation that 25% of applicable clients would take up the offer, delivering approximately 30 reconnections per annum.  A Member noted that a consistent approach across London was needed and the Head of Homelessness Prevention and Rough Sleeping confirmed that the City of London Corporation engaged on a pan-London basis including with the Greater London Authority’s Rough Sleepers Leads Group.  A Member suggested that work be undertaken with the charities sector to identify what support might be provided to rough sleepers with no recourse to public funds, such as the City Bridge Trust. The Deputy Chair proposed that consideration be given to offering support to affected individuals on a permanent rather than an emergency basis, although this would have significant cost implications and was likely to incentivise more rough sleepers to travel to the City of London. 

 

  • The Chairman suggested that the Government should consider extending the deadline to apply for EU Settled Status due to the COVID-19 pandemic, particularly as this had been a difficult time for the charities sector, and that it might also be beneficial to identify the worst-case scenario caused by the changes to legislation.  A Member observed that a number of UK citizens currently rough sleeping in European Union countries would be affected by the UK’s exit from the European Union and queried whether there was anything in place to assist these people.  The Head of Homelessness Prevention and Rough Sleeping reported that specialist voluntary sector organisations would have a role in supporting affected individuals living in the EEA.

 

RESOLVED, that the Community and Children’s Services Committee be recommended to agree the suggested course of action which focused on extending the Corporation’s current approach to supported reconnection.

 

UPDATE: This report was subsequently discussed at the meeting of the Community and Children’s Services Committee on 11 December 2020 as Item 6: Supporting European Union Nationals with no Recourse to Public Funds.  The printed draft minutes of this discussion can be viewed at: http://democracy.cityoflondon.gov.uk/ieListDocuments.aspx?CId=120&MId=20528&Ver=4.

Supporting documents: