Immigration Bill

Baroness Lister of Burtersett Excerpts

Tuesday 15th March 2016 Lords Chamber

[Lord Ramsbotham (CB)]

My Lords, I have added my name to Amendment 114 for two reasons. Proposed new subsections (4) to (6) seem to reflect all the experience of the practitioners on the ground with whom I have been in contact, but I was particularly keen on proposed new subsection (7), because the need for a written plan for the child resonates with the education, health and care plans which the Department of Health and the Department for Education require to be prepared for every child with speech, language and communication needs or special educational needs. So such a plan is already part of the structure for children in the United Kingdom.

I was particularly struck by a visit to a secure children’s home called Orchard Lodge, sadly now closed down, which was then run by Southwark council and provided particular help for traumatised children with mental health problems, many of whom were the very people covered by these amendments. They were immigration and asylum seekers who had suffered extraordinary trauma during the conditions that brought them to this country, and they needed help—but that help needed to be structured, co-ordinated and planned. Therefore, I particularly support the amendment tabled by the right reverend Prelate the Bishop of Norwich and hope very much that, in accepting it, which I hope that the Minister feels able to do, he will reflect on the model for the plans that he calls for.

[Baroness Lister of Burtersett (Lab)]

My Lords, I speak very briefly in support of these amendments, which are very much animated by the spirit of Every Child Matters, as the right reverend Prelate says. It reminded me of some of the reports that the Joint Committee on Human Rights published when I was still a member, both on unaccompanied young children and on children’s rights. A theme that kept recurring was how often in government policy immigration concerns trump children’s best interests and rights. All these amendments are attempting to shift that balance back so that children’s best interests and children’s rights take centre stage; it does not say that nothing else matters, but they are given the due that they and children deserve.

[Lord Rosser (Lab)]

As has been said, the Government have an amendment in this group regarding the welfare of children, which would state that the Secretary of State and any other person, as set out in Section 55 of the Borders, Citizenship and Immigration Act 2009, is subject to a duty regarding the welfare of children. The Government have put this amendment down following the debate on the welfare of children under the “deport first, appeal later” clauses in this Bill in Committee. The Government have repeatedly referred to the extension of the “deport first, appeal later” issue as a manifesto commitment. The amendment tabled by the right revered prelate the Bishop of Norwich states that, before a decision is taken to certify a human rights claim, the Secretary of State must obtain an individual best interests assessment in relation to any child whose human rights may be breached by the decision to certify with the assessment being carried out by a suitably qualified and independent professional.

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Moved by

[Baroness Lister of Burtersett]

116: After Clause 62, insert the following new Clause—
“Asylum support move-on period
Persons in receipt of asylum support shall cease to receive such support 40 days after receiving a biometric residence permit following the granting of—(a) refugee status;(b) humanitarian protection status;(c) discretionary leave status;(d) indefinite leave to remain; or(e) limited leave to remain for 30 months.”

[Baroness Lister of Burtersett]

My Lords, I thank the right reverend Prelate and the noble Lords who added their names to this amendment for their support. The noble Lord, Lord Alton, is not in his place because it is his birthday, and so I think he is allowed the evening off to celebrate with his family, much as we will miss him. I also want to express my support for Amendments 117 and 118.

The amendment concerns what is commonly known as the moving-on or grace period, during which an asylum seeker granted status continues to receive asylum support but after which it is expected that they will have sorted out mainstream financial support, employment and accommodation. The amendment would increase this period to 40 days.

I am grateful to the Minister and officials for the recent meeting that we had to discuss this matter and for the discussions that I believe officials have had both within government and with the British Red Cross, to which I am grateful for help with this amendment. As I explained in Committee, this is a problem that has for far too long created unnecessary hardship and heartache for those granted status. It is not the product of deliberate government policy, but a very unfortunate consequence of an inability of two government departments to sort it out. In Committee, I cited evidence presented recently to the Work and Pensions Select Committee, which called for an immediate joint investigation of the issue with the Home Office and recommended that the time allowed in the grace period be amended if necessary. I also cited a recent report from the British Red Cross and an earlier report from Freedom from Torture.

All the evidence shows, first, that asylum seekers are particularly vulnerable to destitution just at the point when they are granted refugee status or leave to remain, because it so often takes longer to move on than the allotted 28 days, after which asylum support is stopped, regardless of whether mainstream social security has started to be paid. Internal management statistics show that in 2015 the British Red Cross supported 9,138 primary service users and 4,130 dependants who were destitute. It questioned around 2,500 of them as to why they were destitute, and the largest group, a quarter, cited problems with moving on. This is a measure of the level of unnecessary destitution caused as a result of extremely vulnerable people being caught in a limbo between asylum support and mainstream support.

Secondly, it is clear from the evidence that it is not just the material impact but the psychological impact of destitution that should concern us, especially in the case of those who have suffered torture. They believe that they have reached the promised land of refugee status but instead are left without any support at a particularly vulnerable time—not grace but a form of purgatory. Just imagine how we would feel when the moment prayed for came about, but our life was actually made more difficult than it was already. Moreover, the Home Office itself has in the past emphasised the importance of the moving-on period for the longer-term integration of refugees yet, in trying to rush rather than move refugees on, the grace period serves to impede that integration.

In his response in Committee, the Minister referred to his letter of 21 January. However, that dealt with people without status, not those who had been granted it. He made the point, understandably—although I picked him up on it at the time—that it is not just a case of extending the time period but about making sure that people apply for those benefits promptly. He cited the BRC report which showed that only three—in fact, four—of the sample of 16 had applied within the first three weeks of being granted status. I accept that that is a legitimate point, and it is in no one’s interest, least of all that of the refugees, for a claim for benefits not to be made promptly. After all, asylum support is significantly lower than mainstream social security. However, we must not underestimate the difficulties for people new to the system if they do not have the support of an organisation or friends who understand it. As my noble friend Lord Judd, who is not in his place, pointed out in Committee, sometimes mental health problems or a state of confusion can make it an unrealistic proposition. The BRC study found that the majority of service users questioned in Birmingham did not even know that they had only 28 days to complete a benefits claim after getting status. Most people struggle to understand the paperwork that they are sent.

The BRC identified 23 factors at play affecting the speed with which a refugee is able to make the transition to mainstream support. In some cases, five to 10 of those factors could hold up progress. It is a process involving multiple stakeholders and documents—daunting at the best of times.

Even when a refugee makes an expeditious claim, there is no guarantee that they will receive a payment within 28 days. Indeed, it can often take considerably longer than that from the date of the claim, as the BRC study found and the DWP’s own research indicates. So while I agree that claiming in good time is part of the solution, it is not the whole of it. On the basis of the experience of refugee organisations, I suggest that a two-part solution is needed. First, there must be an improvement in procedures, including adequate advice and support to those granted status to ensure that they make a speedy claim. I would be grateful for an indication of what might have emerged from the discussions that officials have been having about how to improve those procedures. But that on its own is not sufficient, as can be seen, for example, from the experience of the deployment of a dedicated caseworker by the Holistic Integration Service in Scotland.

Secondly, this needs to be complemented by a legal right to continue receiving asylum support beyond the current 28 days. This amendment suggests 40 days, based on the experience of refugee organisations. Again understandably, in Committee the Minister expressed the fear that simply adding days might not be enough, and of course any time limit is to some extent arbitrary. But combined with improved procedures so that, to cite the Minister, people get the care they need when they need it and the system works effectively, the view on the ground is that this is a more realistic and appropriate time period. I chose a time limit because I assumed that it would be easier to administer than a case-by-case approach triggered by the receipt of mainstream social security, but I would not be averse to the latter if the Government preferred that, and it would of course be open to the Minister to bring forward an alternative amendment on those lines at Third Reading. One way or another, I believe that we have the opportunity finally to resolve this issue. It is an injustice born of oversight, not intent, but it is none the less cruel for that.

Just as I finished drafting what to say in the debate, I read ILPA’s briefing. It cites the case of EG, a little boy who starved to death during the moving-on period and whose mother died two days later. The serious case review identified the following national issue:

“Westminster Local Safeguarding Children Board should write to the National Asylum Support Service and the Department for Work and Pensions to express its concern about the adverse consequences on vulnerable children and the resulting additional pressure on local professional agencies which are triggered in the transitional period between the withdrawal of support by the National Asylum Support Agency and entitlement to benefits”.

That was dated April 2012; four years later, I am not sure that much has changed. Shockingly, according to Still Human Still Here, if anything, things have got worse. I apologise if that appears emotive, but I feel so strongly about this. It is not a party-political issue. None of the political parties would support a policy that deliberately created destitution during this period, yet none of them has done anything about it when in government. I appeal to the Minister to use the opportunity provided by this Bill to put right such an unnecessary wrong and ensure that the period after granting of refugee status can be a time of joy rather than one of destitution and psychological turmoil. I beg to move.

[The Lord Bishop of Norwich]

My Lords, I added my name to Amendment 116 largely as a result of past involvement with UN gateway resettlement programmes in Norwich for Congolese refugees. I discovered then how long it takes asylum seekers, once granted refugee status, to set themselves up so that they can live as citizens. The transition into work or even to mainstream benefits does not come at all quickly. Applying for national insurance numbers and biometric residence permits is slow going. Completing benefit application forms, and even getting hold of the right ones, is difficult because refugees are not always given the correct advice.

As the noble Baroness has just said, the possibility of getting what was most wanted—refugee status—and then finding that it is followed up by the removal of financial support and no accommodation is not so much an irony as a tragedy. We need a bigger window before asylum support is terminated. Starting the clock only when a biometric residence permit is obtained would inform the situation. I do not need to labour the point because it has already been very well put, but it is a terrible experience for refugees in a country to which they are immensely grateful to then experience the trauma of destitution when they have experienced so much trauma already. I warmly support this very straightforward amendment.

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The noble Baroness asked about a “person of kind”, as specified in regulation, and the ability to extend the transfer provisions to refugee children resettled in the UK, as well as other unaccompanied migrant children, including unaccompanied asylum-seeking children. This is covered in other sections and my letter of 10 February. I hope that in the light of my answers and, in particular, that reassurance to the noble Baroness and the right reverend Prelate, the noble Baroness will feel able to withdraw her amendment at this stage, in the knowledge that she will be given an opportunity later this year to scrutinise the decision on the basis of the new evidence which will be accumulated to help us make that decision the right one.

[Baroness Lister of Burtersett]

My Lords, I am grateful to all noble Lords and the right reverend Prelate for their powerful support. I am also grateful to the Minister, because we have reached a fair compromise this evening and I appreciate that.

I think I got some clarification in those last statements but I just want to be clear that I got it right. The Minister will bring a Statement to both Houses, I guess, or certainly to this House, that will let us know the outcome even if the decision is not to change the regulations. So we will have a chance to debate the decision that is made, and it will be this year, I think he said. I would be grateful if that could be clarified. The Minister rightly paid tribute to the work of the British Red Cross in this area and there are other groups, such as the Refugee Council, which do a lot of work in this area. It would be very helpful if there could be a commitment that they could have some involvement in the discussions that lead up to the decision.

[Lord Bates]

To use the precise words we have agreed—obviously, we have agreed this between different government departments so I need to stick rigidly to what was said—I can confirm that if the further DWP evaluation I have referred to shows that it is necessary to increase the length of the grace period to consistently enable newly recognised refugees to begin to receive welfare benefits for which they are eligible before their Home Office support ends, we will return to Parliament with a proposal to amend the regulations to that effect. I am sure we can have an ongoing dialogue. I know that there is a very good relationship with the Red Cross in these areas. Officials meet it regularly and I am sure they will be able to share the information that comes in as it is received.

[Baroness Lister of Burtersett]

Are we talking about a timescale of this year—not the indefinite future?

[Lord Bates]

Yes, I did actually say that it would probably be later this year. That would give us the necessary time to gather the new information on the basis of the new changes that have been introduced to our procedures to try to address the concerns that the noble Baroness has identified.

[Baroness Lister of Burtersett]

I thank the Minister. I am sorry to pursue this but this feels like my last opportunity for the moment. On the understanding that if the decision is not to change it, we will be told that in some way, because otherwise we do not have any way of interrogating it—

[Lord Bates]

Just to clarify this point—because we are lip-reading from different ends of the Chamber here—I will write to the noble Baroness, setting out exactly how we will communicate this. But of course we will want to communicate how we are doing, not least to the DWP Select Committee, which has undertaken a report and the DWP is going to be responding to that shortly. I will set that out in a letter and I am sure it will be very clear.

[Baroness Lister of Burtersett]

I very much appreciate that. The noble Lord very kindly paid tribute to my tenacity on this issue. I am not going to give up. As he will expect, whatever the decision is, we will try to come back to it in some way. But I appreciate the fact that it sounds like finally someone has listened and heard. Certainly, from what Still Human Still Here put in its briefing to us, its assessment is that things have actually got worse, not better. But let us see what the evaluation shows. As I say, it would be helpful if there could be some involvement of the refugee organisations in that evaluation because they have on-the-ground knowledge.

On the basis that we will return to this in some form or other later in the year, I appreciate the response of the Minister and the work that officials have put into this. It is perhaps au revoir until we come back to this later in the year. I beg leave to withdraw the amendment.

Amendment 116 withdrawn.