Recommendation 2

HM Government Acknowledged

This Department has and continues to work with local authorities regarding support that can be offered to those individuals ineligible for statutory homelessness support under Part VII of the Housing Act 1996. This includes those with an NRPF condition attached to their immigration status. The term ‘NRPF’ is often used in reference to a much wider group of people, not solely those with a specific NRPF condition attached to their immigration status. With regards to individuals who have an NRPF condition attached to their leave, on 28 May 2020 and 8 January 2021, the Department wrote to all Chief Executives of local authorities making clear that the rules around those with NRPF have not changed. The Department’s position remains that local authorities must continue to use their judgement in assessing what support they may lawfully give to each person on an individual basis, considering that person’s specific circumstances and support needs. This position aligns with the recent Ncube v Brighton and Hove City Council case [2021] EWHC 578 (Admin) where it was highlighted that in the context of the pandemic, there are discretionary powers local authorities could use, namely s.138 of the Local Government Act 1972 and s.2B of the National Health Service Act 2006 to support some individuals otherwise ineligible for statutory support. It is not for the Department to advise local authorities on how they should use their wider social welfare powers, as it is for them to make an assessment of the applicable law based on individual circumstances. It is right that a local authority is responsible for satisfying itself that the action it proposes meets the individual’s needs and that it is acting within its legal powers. Ultimately, these are locally elected councils and it is a matter for them to decide based on their local circumstances and in accordance with the law. The Committee has also recommended that the Government clarify what funding streams can be used to support people with NRPF who are homeless or at risk of homelessness during the crisis. The Government committed over £700 million in 2020-21 and over £750 million in 2021-22 to tackle homelessness and rough sleeping, which includes funding to local authorities to manage the impacts of COVID-19. This funding has meant local authorities can continue to provide essential services and support to those who need it. We have previously been clear that this funding can be used to support anyone, including those with NRPF, as long as local authorities act within the law in doing so.