Seventh Report - Children in poverty: No recourse to public funds

Select Committee

Work and Pensions Committee HC 603 14 April 2022

Report Status Government responded

Conclusions & Recommendations 22 items (14 recs)

Source View on Parliament website

Government Response (AI assessment · 22 of 22 classified)

Accepted 3

Accepted in Part 3

Deferred 1

Rejected 6

Recommendations

14 results

2 Accepted in Part

Para 17

We recommend that the Government undertakes research to establish if children in families subject to...

Recommendation

We recommend that the Government undertakes research to establish if children in families subject to the NRPF condition are overrepresented in serious case reviews. We are pleased that the Department for Education is enthusiastic about improving the communication between organisations … Read more

Government Response Summary

The Department for Education will consider whether no recourse to public funds (NRPF) is an indicator of risk in serious child safeguarding cases via the Child Safeguarding Practice Review Panel, and will also consider updating the Serious Incidents Notification System by adding a NRPF indicator.

Department for Work and Pensions

4 Accepted in Part

Para 21

We recommend the Government ensures the Support for Migrant Victims Scheme is evaluated swiftly and...

Recommendation

We recommend the Government ensures the Support for Migrant Victims Scheme is evaluated swiftly and consequential policy decisions are made quickly. The pilot must be fully rolled out or alternative measures put in place immediately to ensure that survivors of … Read more

Government Response Summary

The government will provide £1.4 million in 2022–23 to continue to fund support for migrant victims of domestic abuse while vital lessons learned from the pilot inform future policy decisions, but the timeline for implementing policy recommendations is dependent on the details of those recommendations.

Department for Work and Pensions

5 Acknowledged

Para 24

We are pleased that the Government is contemplating and planning to consult on whether all...

Recommendation

We are pleased that the Government is contemplating and planning to consult on whether all children from families with NRPF should have access to the two- year-old entitlement. We believe that parents with NRPF have been prevented from working as … Read more

Government Response Summary

The government noted the consultation on extending the two-year-old entitlement to children from families with NRPF, stating it opened on 25 March 2022 and closed on 20 May 2022, but does not explicitly commit to extending the entitlement.

Department for Work and Pensions

6 Accepted

Para 25

We recommend that the Department for Education complete its consultation on whether there are any...

Recommendation

We recommend that the Department for Education complete its consultation on whether there are any additional groups of children from families with NRPF who are not yet eligible for the two-year entitlement within six months. As the Government Children in … Read more

Government Response Summary

The government had already opened its consultation on whether additional groups of children from families with NRPF should be eligible for the two-year entitlement, which closed on 20 May 2022.

Department for Work and Pensions

9 Rejected

Para 30

We recommend the Government significantly reduces the period for which children may be subjected to...

Recommendation

We recommend the Government significantly reduces the period for which children may be subjected to NRPF conditions. Parents with children should be given access to public funds after a maximum period of five years.

Government Response Summary

The government does not plan to shorten the maximum period of time spent subject to NRPF for families with children, stating those migrating to the UK are generally expected to maintain and support themselves and any accompanying family without reliance on the UK’s welfare system.

Department for Work and Pensions

10 Rejected

Para 35

Most of those who gave evidence were keen to see an end to the no...

Recommendation

Most of those who gave evidence were keen to see an end to the no recourse to public funds condition. But we think the Government is unlikely to change this policy and such a change could result in fewer people … Read more

Government Response Summary

The government does not accept the recommendation to extend Child Benefit to all British children irrespective of their parents’ immigration status, arguing that existing provisions cover eligible families and that those without indefinite leave to remain should be able to support themselves.

Department for Work and Pensions

11 Accepted

We recommend the Department for Work and Pensions improve its guidance and practice on the...

Recommendation

We recommend the Department for Work and Pensions improve its guidance and practice on the social security entitlements that people with NRPF already have, in order to increase take up of that support. We ask the Department to write to … Read more

Government Response Summary

The Department of Work and Pensions will review its guidance and communications to ensure that it is clear to those with a NRPF condition what they can and cannot access, and will write to the Committee within three months on the outcome of this review.

Department for Work and Pensions

13 Acknowledged

We recommend the Home Office collect and publish data on the number of people with...

Recommendation

We recommend the Home Office collect and publish data on the number of people with NRPF attached to their limited leave to remain in the UK. The Home Office should also invest time and resource into establishing the number of … Read more

Government Response Summary

The Home Office is committed to continuing to improve the data that is published on NRPF and will further explore data availability on NRPF and on migrant poverty, including on children in poverty, while recognising the challenges posed in identifying and gathering the relevant data.

Department for Work and Pensions

15 Accepted in Part

Para 53

We recommend that people on the 5 year route to leave to remain are not...

Recommendation

We recommend that people on the 5 year route to leave to remain are not moved onto the 10 year route following a successful application for a change of conditions, even if they are still accessing public funds when they … Read more

Government Response Summary

The Home Office has suspended the practice of moving an applicant that has received recourse to public funds following a change of conditions application off the five-year route to settlement at the point a decision is made, but the ability to stay on this route will be assessed at their next application for leave to remain.

Department for Work and Pensions

16 Rejected

Para 60

We are pleased to hear that the Government’s NRPF forum is regularly receiving feedback on...

Recommendation

We are pleased to hear that the Government’s NRPF forum is regularly receiving feedback on the change of conditions process. We recommend that the work of the Government’s NRPF Forum is more transparent and readily available to stakeholders. We ask … Read more

Government Response Summary

The government will not publish the minutes of the NRPF Forum meetings, but minutes and action logs are shared with members.

Department for Work and Pensions

17 Accepted

Para 63

Many parents told us that without the help of charities they would not have been...

Recommendation

Many parents told us that without the help of charities they would not have been successful in their change of conditions application. The charities providing this assistance are often small, with limited resources. We recommend the Government fund independent support … Read more

Government Response Summary

The government claims that the Home Office already provides support for applicants who are trying to make a change of conditions application, by contacting the Home Office to access help and get help with completing the online form.

Department for Work and Pensions

18 Deferred

We recommend the Home Office introduces a clear process for applicants to challenge a change...

Recommendation

We recommend the Home Office introduces a clear process for applicants to challenge a change of conditions refusal. We recommend the review of the pilot scheme is published alongside a timeline showing when the conclusions from the pilot will be … Read more

Government Response Summary

The government is conducting a review of the administrative review pilot and will consider the introduction of an administrative review for all change of conditions applications after the review is completed later this year, but has no current plans to publish the findings.

Department for Work and Pensions

20 Rejected

Para 71

We are concerned that it is not cost effective for local authorities to operate their...

Recommendation

We are concerned that it is not cost effective for local authorities to operate their own alternative welfare system, and that support for families is inconsistent across the UK. We recommend that the Government carry out an analysis of whether … Read more

Government Response Summary

The Home Office does not plan to carry out a cost-benefit analysis on NRPF because it would not be feasible to do so meaningfully due to practicalities around estimating the total population subject to NRPF present in the UK at any one time.

Department for Work and Pensions

22 Acknowledged

We recommend the Government provide additional support to local authorities in areas with large NRPF...

Recommendation

We recommend the Government provide additional support to local authorities in areas with large NRPF populations through direct and targeted funding. We further recommend the Government consider reclassifying discretionary welfare payments, so they are excluded from the ‘public funds’ definition … Read more

Government Response Summary

The government stated its commitment to protecting vulnerable people and ensured support has been available to those with NRPF, highlighting COVID-19 measures, funding to local authorities, and the Energy Rebate Scheme, and that the Home Office supports local authorities in understanding their duties.

Department for Work and Pensions

Conclusions (8) Observations and findings — click to expand

1 Conclusion Acknowledged

Para 14

We are very pleased that the Government has now permanently extended free school meal eligibility to children from all families with NRPF. We heard repeatedly from parents and organisations about the positive impact this would have on children in poverty, their long-term prospects and ability to contribute to the UK.

Government Response Summary

The Government thanks the Committee for the time and effort invested in conducting an inquiry into child poverty and publishing the ‘Children in poverty: No recourse to public funds report’.

3 Conclusion Acknowledged

Para 20

We heard worrying evidence about the impact of the NRPF condition on survivors of domestic violence, including children. We are pleased that the Government has launched the Support for Migrant Victims Scheme pilot, in addition to the support offered through the Destitution Domestic Violence Concession. We are, however, concerned the …

Government Response Summary

The government stated its commitment to supporting all victims of domestic abuse and providing support through the Destitute Domestic Violence Concession and the Support for Migrant Victims pilot, and that £1.4 million will be provided in 2022-23 to continue to fund support for migrant victims of domestic abuse.

7 Conclusion Acknowledged

Para 27

We welcome this recognition from the Government that 10 years is an excessively long period for a young person to wait for indefinite leave to remain, and access to public funds, and that five years is a more appropriate period.

Government Response Summary

The Home Office has recently introduced Appendix Private Life to the Immigration Rules, bringing the concession on early settlement introduced on 20 October 2021 into the Immigration Rules.

8 Conclusion Rejected

Para 29

The levels of deprivation children in poverty endure as a result of their parents being subject to the NRPF condition should not be allowed to dominate any childhood. Many parents will have NRPF for 10 years—much of a child’s formative years. Given that parents could be without access to child-related …

Government Response Summary

The government has no plans to shorten the maximum period of time spent subject to NRPF for families with children, as those migrating to the UK are generally expected to maintain and support themselves and any accompanying family without reliance on the UK’s welfare system.

12 Conclusion Acknowledged

Para 46

The Home Office does not collect sufficient data on the number of families with NRPF. Whilst we appreciate that the Home Office is attempting to improve its data collection, NRPF is not a new policy and it is shocking that the Government is unable to provide Parliament with an estimate …

Government Response Summary

The Home Office is committed to continuing to improve the data that is published on NRPF and will explore further data availability on NRPF and on migrant poverty, including on children in poverty, while recognizing the challenges posed in identifying and gathering the relevant data.

14 Conclusion Acknowledged

Para 52

We are pleased that the Home Office has changed its policy to prevent those on the 5 year route from being automatically transferred to the 10 year route in the event of a successful change of condition application. However, this is only for families who are no longer accessing public …

Government Response Summary

The Home Office has suspended the practice of moving an applicant that has received recourse to public funds off the five-year route to settlement, but the ability for an applicant to be able to support themselves without recourse to public funds is a key strand of the government’s NRPF policy, and will be assessed at the next application for leave to remain.

19 Conclusion Rejected

Thousands of families with NRPF are supported by local authorities under Section 17 every year, with costs running into the tens of millions. We are concerned that this indicates that the mechanisms used to support households in poverty with no recourse to public funds does not represent value for money …

Government Response Summary

The Home Office does not plan to carry out a cost-benefit analysis on NRPF because it would not be feasible to do so meaningfully.

21 Conclusion Acknowledged

Para 74

Discretionary welfare funds are a public fund and therefore largely inaccessible to people with NRPF, however, the guidance the Government provides to local authorities has caused confusion and many families have not received additional support.

Government Response Summary

The government stated its commitment to protecting vulnerable people and ensured support has been available to those with NRPF, highlighting COVID-19 measures, funding to local authorities, and the Energy Rebate Scheme, and that the Home Office supports local authorities in understanding their duties.