Foreign Nationals and Asylum Seekers in England Eligibility for Care and Support in IRCs – a guide for Local Authorities Reception screen identifies urgent and immediate care and support needs Health screen identifies possible care and support needs Conduct assessment Care and support needs met by LA No. Is the person in one of the categories excluded from receiving services? (see pg 2) LA to consider prevention, information and advice duties only Yes. LA identifies possible care and support needs by other means Refer for assessment Does the person have eligible care and support needs? Would a decision not to meet or cease meeting care and support needs breach the person’s rights under the European Convention on Human Rights ? (see page 2) Care and support needs met by HO working with local partners No duty on LA Yes. LA carries out financial assessment

The Care Act has not changed the situation for individuals who are asylum seekers or foreign nationals in immigration removal centres. Local Authorities are governed by their duties and responsibilities as set out below: Section 21 of the Care Act prevents LAs from providing care and support to people to whom section 115 of the Immigration and Asylum Act 1999 applies (broadly, people subject to immigration control, which includes asylum seekers and failed asylum seekers) if the person’s need for care and attention has arisen solely because the person is destitute, or because of the physical effects, or anticipated physical effects, of being destitute. Under Schedule 3 of the Nationality, Immigration and Asylum Act 2002 (NIAA): Individuals who are not EEA nationals but who have with refugee status in other EEA countries, Citizens of other EEA countries, Former asylum seekers who have not co-operated with removal directions, and Individuals who are unlawfully in the UK and who are not asylum seekers are all excluded from accessing LA provided care services. Note: these exclusions do not apply to current asylum seekers (save where they are EEA nationals or have refugee status in another EEA state). Local Authorities are prohibited from providing care and support or carers’ support to anyone excluded under Schedule 3 of the NIAA (unless for European Convention on Human Rights reasons) whether this is before or after the Care Act comes into force and whether or not they are in prison or an immigration removal centre. The exclusion under Schedule 3 to the NIAA referred to above does not apply where support is necessary to prevent a breach of a person's rights under the European Convention on Human Rights or EU Treaties. In 2003, DH issued a note of clarification on EEA nationals and this human rights exemption. 'Section 54 of the Nationality, Immigration and Asylum Act 2002 and community care and other social services for adults from the EEA living in the UK: Note of Clarification' reads at para. 13 “EEA nationals who work or have worked in the UK, their families, self-employed and former self-employed EEA nationals, and students should be provided with social care services by councils if they are eligible for such care in order to protect their freedom of movement ”. Local Authorities will need to consider each case on its own merits. This is a guide only and Local Authorities should seek their own legal advice.