Racial Harrasment (Dealing with allegations of racial harassment, general harassment and domestic violence )

18 - Racial Harrasment (Dealing with allegations of racial harassment, general harassment and domestic violence )

INDEX

1 GENERAL

2 SUMMARY

3 DEFINITIONS

4 GENERAL STATEMENT

5 HOW INCIDENTS ARE REPORTED

6 TYPES OF INCIDENT

7 CASE ACTION WHEN A REPORT OF AN INCIDENT HAS BEEN RECEIVED

8 THE INVESTIGATION

9 CONCLUDING THE CASE

10 WHAT ACTION SHOULD BE TAKEN IF THE DECISION IS TO TRANSFER THE PERSON TO ALTERNATIVE ACCOMMODATION

11 WHAT ACTION SHOULD BE TAKEN IF THE DECISION IS NOT TO PROVIDE THE PERSON WITH ALTERNATIVE ACCOMMODATION

12 WHAT ACTION SHOULD BE TAKEN IF THE PERSON HAS RETURNED TO LONDON AND HAS BEEN PROVIDED WITH EMERGENCY ACCOMMODATION

ANNEX A: LEGAL REMEDIES

ANNEX B: EXAMPLE ACKNOWLEDGEMENT LETTER

ANNEX C: EXAMPLE REFUSAL TO OFFER ALTERNATIVE ACCOMMODATION

ANNEX D: EXAMPLE WARNING LETTER

ANNEX E: EXAMPLE REFUSAL LETTER TO USE WHEN PERMISSION NOT GIVEN

1. GENERAL

1.1 Where allegations of racial harassment, general harassment or domestic violence are received by NASS staff it is essential that all allegations are taken seriously. This must cover both serious incidents or what is perceived to be a relatively minor complaint. Often, what appears to be a minor problem can often escalate into, or reappear as a major incident.

1.2 The majority of supported asylum seekers will have been dispersed some distance from London and this presents practical difficulties in gathering evidence from victims and witnesses alike. Therefore it is essential that case officers follow the instructions listed below to ensure that NASS is able to respond to any allegation on the basis of an objective consideration of all available evidence such as that from the victim, representatives and statutory and voluntary agencies.

1.3 NASS' role in investigating racial harassment is to establish whether it is appropriate to provide alternative accommodation because there is a significant risk of violence occurring, if the person were to remain in their current accommodation. The responsibility for formally tackling harassment lies with the police and the relevant local authority.

2. SUMMARY

2.1 The following gives a quick step by step summary of the procedures for dealing with cases where asylum seekers supported by NASS have requested to be re-housed due to racial harassment:

Requests to be re-housed due to racial harassment should be forwarded to the nominated EO in Allocation Complex cases.

On day 1, the nominated officer will make an initial assessment, based on whatever information is available, and makes a recommendation to their line manager in Allocation Complex cases who decides:

1/ Whether there is an immediate and significant risk of violence occurring, if the applicant were to remain in the accommodation.

2/ Whether the case can be decided on the information available or further investigations should be undertaken.

If there is a significant risk of violence occurring then alternative accommodation should be re-allocated ( see below).

If it is decided that an investigation is appropriate this should be carried out in accordance with instructions ( see below). An acknowledgement letter should be sent to the applicant advising them of our decision.

The nominated officer in allocation should log the case, conduct the investigation and make a recommendation ( including a draft letter if refusal is appropriate) within 10 working days.

The recommendation is passed to the nominated officer's line manager in the Complex Case ( Allocation) Section.

The line manager, decides within a further 2 working days, whether there is a significant risk of serious violence occurring and gives written reasons for the decision.

2.2 If an asylum seeker ( or one of his/ her dependants) has been a victim of racially motivated violence and has reported the incident to the police and either: NASS; the provider, or their local one stop shop, then this may be regarded sympathetically.

2.3 Each case should be decided on its own merits whilst taking into consideration the seriousness of the violence, or threats of violence, the vulnerability of the person, and the frequency of occurrence, in making the decision on whether there is a significance risk of serious violence occurring were the person to remain in ( or return to) their accommodation.

2.4 If an asylum seeker leaves their dispersal accommodation and presents themselves to reception assistants in London or the south east (or the regions) and asks to be re-admitted into emergency accommodation then such readmission into emergency accommodation is contrary to the terms of grant funding contracts of the organisation grant funded by NASS. Accordingly, in order to re-admit an asylum seeker the reception assistant must seek NASS approval for re-admission by contacting the nominated officer in the Complex Case ( Allocations) Unit. Approval should only be granted when there is good prima facie evidence either that someone has been a victim of serious assault or has good reason to believe that they would be a victim if they remained in the area. In addition if an alleged incident has not been reported to the police then permission should not normally be granted.

2.5 If permission to re-admit into emergency accommodation is not granted, a warning letter should be sent to the applicant ( Annex D). If the person fails to return to their accommodation after a period of seven days, the person's circumstances should be taken into account and support should normally be terminated, giving written reasons for the decision ( Annex E). Any further application for support should be made in person at Croydon.

2.6 If permission to re-admit is given then the case should be considered as outlined at paragraphs 2.1 to 2.3 above.

2.7 It may be necessary to terminate regular vouchers ( because there is full board in emergency accommodation).

2.8 If it is decided that re-housing is not appropriate then arrangements for travel may exceptionally be made ( as a condition of support), including emergency vouchers if the regular vouchers have been ended, giving written reasons for the decision ( Annex C). If the applicant fails to travel then support may be discontinued for breach of conditions in accordance with current case-work instructions on failure to travel.

3. DEFINITIONS

3.1 Racial harassment and non racial harassment

3.2 It is often extremely difficult to differentiate between racial and non-racial harassment. It could involve violence or intimidation which is directed towards a person, persons, or property. Victims may be individuals or groups which are targeted because of their colour, race, ethnic or national origins. Sometimes the motive is difficult to determine but caseworkers should consider the definition of a racist incident recommended by the MacPherson report into the Stephen Lawrence Inquiry.

3.3 "A racist incident is any incident which is perceived to be racist by the victim or any other person". All incidents of harassment whether racially motivated or not will have a serious effect on the victim and should be dealt with according to the NASS casework instructions detailed below.

3.4 Domestic violence

3.5 Domestic violence is generally violence which is experienced within the home. This can be from family members, household members or carers. However, threats of violence from ex partners or an associated person should also be considered regardless of whether they occur outside of the home.

4. GENERAL STATEMENT

4.1 It is our intention to ensure that asylum seekers provided with accommodation under section 95 of the Immigration and Asylum Act receive enough support to remain in their property. This will involve close liaison with other statutory and voluntary services and providers, who either have the legal power to take action against perpetrators and/or can offer support to victims. A decision on whether an applicant should remain in accommodation will be arrived at on the merits of each individual case and will depend on an assessment of all available evidence. These will include the severity and nature of the attack or threat, the circumstances of the victim, all available evidence and representations. No procedure will be able to cover all circumstances.

4.2 The police and the relevant local authority have an obligation under the Crime and Disorder Act 1998 to work closely together to tackle harassment, domestic violence and promote community safety. There is a raft of legislation in place to deal with various types of harassment.

5. HOW INCIDENTS ARE REPORTED

5.1 Incidents may be reported in many different ways. These may include by telephone, letter or through an applicants representative. Incidents may also be reported by providers, the police, local authorities, friends and relatives or other statutory and voluntary agencies. Care should be taken where applicants may be reporting incidents indirectly for example complaints about accommodation where the main concern relates to the condition of accommodation, but other concerns are listed. In such cases the NASS case officer may need to take the initiative and enquire in more detail as to any other underlying concerns.

6. TYPES OF INCIDENT

6.1 Harassment and domestic violence can take many forms. The examples below give some idea of the range of activities that might suggest a problem. These include for harassment:

Physical assault or threat of assault

Threatening or abusive letters or telephone calls

Name calling, swearing

Bullying of children on their journey to and from school or bullying in school

Racist graffiti or the dumping of rubbish outside the home or through the letter box

Damaging the home

Creating persistent noise

Malicious complaints – especially to those in authority

6.2 For domestic violence:

Physical abuse or threats of violence

Sexual violence

Emotional cruelty

Psychological and mental abuse

6.3 These incidents can also relate to children within a household.

7. CASE ACTION WHEN A REPORT OF AN INCIDENT HAS BEEN RECEIVED

7.1 Any allegation of harassment or domestic violence from whatever source should be forwarded to the nominated officer in Allocation Complex cases. The nominated officer should keep a log of each incident reported. The log should include:

Details of applicant( including address)

Details of accommodation provider

Type of incident

Date incident reported to NASS

Officer responsible for the case

Target date for completion of investigation

Date investigation completed

Outcome and any recommendations

7.2 The allegations should also be entered onto ASYS case file as a critical comment.

7.3 The initial assessment

7.4 On day one the nominated officer should make an initial assessment based on whatever information is available. The nominated officer will make a recommendation to their line-manager making a recommendation.

7.5 The line-manager will decide:

Whether there is an immediate and significant risk of serious violence occurring, if the applicant were to remain in the accommodation.

Whether the case can be decided on the information currently available or further investigations should be undertaken.

7.6 When making these decisions the line-manager should have regard to whether the asylum seeker ( or one of his/ her dependants) has been a victim of racially motivated violence and has reported the incident to the police and either: the provider, or their local one stop shop . If an incident has been reported to the police, the victim would normally have documentary evidence which should be submitted. If this has been lost then the police may need to be contacted for confirmation. If the line-manager is satisfied that the person has been a victim of a violent racially motivated crime, then this may be regarded sympathetically.

7.7 Each case should be decided on its own merits whilst taking into consideration the seriousness of the violence, or threats of violence, and the frequency of occurrence, in making the decision on whether there is a significance risk of serious violence occurring were the person to remain in ( or return to) their accommodation.

7.8 Special consideration should be taken as to whether the victim is especially vulnerable, including for example people who are seriously ill, housebound, elderly or suffering from a recognised mental health illness.

7.8 It should be remembered that re-housing victims of racial harassment hands victory to the perpetrators. The needs of those experiencing harassment ought to come first however and although it should be seen as a last resort, "transfers" are sometimes necessary.

7.9 Should the person be immediately re-housed?

7.10 Any decision to immediately move the applicant should be taken by the nominated officer's line-manager and should only be an interim measure pending a full investigation of the allegations.

7.11 The line-manager should be satisfied that there is a significant risk of serious violence (see above) and this may depend on the severity of the violence or threat of violence and its effect on the victim. If an emergency move is required this can be arranged either

through the existing provider

through an alternative provider within a region

through the regional one stop shop service who can provide emergency accommodation

for domestic violence a local women’s refuge may be more appropriate. This may involve contacting the National Women’s Aid Helpline.

7.12 Any alternative accommodation provided must be safe for the applicant but should as far as possible be in a location which allows the applicant to continue to travel to the named Sodexho post office outlet ( this may not be always be appropriate and depends on the circumstances of the case. However it should be remembered that asylum seekers can nominate someone to go the post office to obtain their vouchers)

8. THE INVESTIGATION

8.1 NASS' role in investigating racial harassment is to establish whether it is appropriate to provide alternative accommodation because there is a significant risk of violence occurring, if the person were to remain in their current accommodation. The responsibility for formally tackling harassment lies with the police and the relevant local authority.

8.2 NASS investigations should not normally take longer than 10 working days. Where information is required from other agencies the need for a prompt response, by fax if possible, should be stressed. If it is decided that an investigation is appropriate a standard acknowledgement letter should be sent to the applicant and any representative stressing that NASS are taking the incident seriously and are conducting an investigation( Annex B)

8.3 In most cases the case file will have been stored either in local storage or deep storage. The officer in charge of storage should be contacted immediately to request the urgent return of the file to the allocations case file. The case file may include important information on the applicant or any previous incident. However the start of any investigation should not wait for the case file to be returned from storage.

8.4 In investigating the incident the case officer should obtain and record the following information.

The name, address and contact details/telephone number of the victim or victims

The name, address and contact details of any other person/s reporting an incident or making representations

Date/dates of incident/s and location

Detail of any witnesses including contact points

Establish as much as possible about what happened

Details of how it has affected the person/household

Details of any previous incidents or history of harassment/domestic violence

Description/information of who the perpetrator that might lead to their identification

Details of any reports made to the police or other persons about the alleged incident

8.5 Case officers should note the following.

If the allegation is against the provider or a member of the provider’s staff, the matter should be referred immediately to the head of the NASS PACE Agency located on the 2nd floor of Quest House

If the allegation is against another NASS supported asylum seeker and this has resulted in a breach of the occupancy agreement or other condition, careful consideration should be given as to whether that person’s support should be suspended or discontinued under regulations 19/20/21 of the Asylum Support Regulations 2000, Statutory Instrument 2000/704. In either a) or b) above the allocation’s team SEO should be involved in any decision. For further details on b) above see separate chapter on dealing with anti-social behaviour from NASS clients in dispersal accommodation

8.6 Having used the above checklist to establish as much information as possible on day one including whether the victim requires alternative temporary accommodation, the case officer should proceed to develop a case action plan. Any action plan should clearly state the following:

Who else needs to be contacted

What action has been agreed by other agencies

Who is taking what action

By when

What support is available to the applicant

8.7 NASS seeks to ensure that enough support is available, and that action is being taken, to keep the victim in their property. This combined with action against perpetrators is a fundamental principle of a victim orientated approach to harassment and domestic violence.

8.8 The responsibility for formally tackling harassment lies with the police and the relevant local authority.

8.9 A first point of contact for the NASS case officer should always be to the community safety unit for the local police and local authority. In some areas this is a jointly run unit with the local authority. NASS officers will need to be persistent here. Many local authorities and police services may have different people/sections responsible for this area of work. In some of the larger cities there may be a specific racial harassment team. In other areas it might be one person responsible for the policy with a number of different sections responsible for operations. Be persistent and ensure that you get through eventually to the right person. The One Stop Shop or regional consortia contact might be able to advise, or contact the local Citizens Advice or Legal Aid Shop. Details of all these are available through the Yellow Pages situated on the 3rd floor of Quest, or accessed through the internet. In addition, NASS Regional Managers are looking to establish the correct contact points for the police and local authority in each cluster area and details will be issued ASAP. There are many legal sanctions available to both the police and local authorities for tackling harassment and domestic violence.

9. CONCLUDING THE CASE

9.1 Where relevant statutory and voluntary services have been engaged, there should only be rare occasions where a victim cannot continue to occupy their property. Any person subject to harassment or domestic violence is fully entitled to the protection offered by the law ( see Annex A).

9.2 In many cases the intervention of other statutory and voluntary services may resolve the matter with harassment stopping and the person no longer feeling threatened. In other cases the NASS caseworker will need to make a decision having gathered all available evidence and considered the support or likely support from other statutory and voluntary services.

9.3 The nominated officer will make a recommendation, within 10 days of starting the investigation, on whether there is a significant risk of serious violence occurring were the person to remain in their accommodation. The nominated officer's line-manager will then make the decision.

9.4 The seriousness of the violence, or threats of violence, the frequency of occurrence and the likelihood of reoccurrence should be taken into account. The effects on the individual or the individuals family and the availability of legal remedies and support. All these factors will need to be applied to each individual case and a decision made on the merits of the case. In addition for domestic violence cases the violence or threat of violence should not be confined to the home but should extend outside the home from a person with whom the NASS applicant or member of her/his household is associated. The fact that violence has not yet occurred does not, on its own, suggest that it is not likely to occur. A case officer should not base their assessment of a likely threat of violence solely on whether there has been actual violence in the past. Injunctions ordering persons not to molest, or enter the home of, the applicant will not necessarily deter people. In cases where the violence or threat of violence has been perpetrated by the applicant’s NASS supported partner, consideration should be given to transferring the victim to alternative accommodation, with action taken against the remaining partner to suspend or discontinue support.

9.5 When making these decisions the line-manager should have regard to whether the asylum seeker ( or one of his/ her dependants) has been a victim of racially motivated violence and has reported the incident to the police and either: the provider, or their local one stop shop . If an incident has been reported to the police, the victim would normally have documentary evidence which should be submitted. If this has been lost then the police may need to be contacted for confirmation. If the line-manager is satisfied that the person has been a victim of a violent racially motivated crime, then this may be regarded sympathetically.

10. WHAT ACTION SHOULD BE TAKEN IF THE DECISION IS TO TRANSFER THE PERSON TO ALTERNATIVE ACCOMMODATION

10.1 If after investigation it is agreed that the case is so severe and that no other remedy would be suitable, alternative dispersal accommodation should be provided. The client’s circumstances should be considered but it should be noted that there would be very few occasions where new accommodation in London would be appropriate. Where it would be possible to provide alternative accommodation and maintain established links with schools, GPs and other services this should be considered, though the applicant’s safety is paramount.

11. WHAT ACTION SHOULD BE TAKEN IF THE PERSON HAS APPROACHED ONE OF THE VOLUNTARY ORGANISATIONS AND HAS BEEN PROVIDED WITH EMERGENCY ACCOMMODATION?

11.1 If an asylum seeker leaves their dispersal accommodation and/or presents themselves to reception assistants in London or the south east (or in the regions) and asks to be re-admitted into emergency accommodation then readmission to emergency accommodation is contrary to the terms of grant funding contracts with NASS. The voluntary organisations are grant funded by NASS to provide support under section 111 of the Immigration and Asylum Act only to asylum seekers who are not supported under section 95.

11.2 If one of the voluntary organisations contact NASS, because a NASS supported asylum seeker has left their dispersal area and has approached them for support, then the nominated case-worker should decide whether or not to give consent to the person staying in emergency accommodation pending investigation. Consent should only be given in the most exceptional circumstances, because there is good prima facie evidence either that the person has been the victim of serious violence or has good reason to believe they would be a victim of serious violence if they remained in the area. If an incident has not been reported to the police the person should not normally be re-admitted.

11.3 When consent for re-admission has been granted, the nominated case-worker should consider the reasons why the person has left their accommodation (as outlined above).

11.4 It may be necessary in some cases to terminate the person's regular vouchers ( because there is full board in emergency accommodation) but in other cases this will not be necessary because the person can be returned to their accommodation quickly ( after consideration). Case-workers should be aware that the Post Office should return to Sodexho any vouchers which are not collected, by the following Friday.

11.5 Cases where the voluntary sector have provided support should be referred to the Refugee Integration Unit ( after action has been completed) .

11.6 If a decision has been made that it is reasonable for the person to return to their accommodation, written reasons should be provided and travel arranged. The letter should make it clear that the travel arrangements are part of the person's conditions under which support is provided ( see Annex C). If the person fails to travel then the application may be discontinued under regulation 20(1)(a) of the Asylum Support Regulations 2000 because failing to travel is a breach of conditions ( see separate instructions for dealing with "Failure to Travel"). The "termination" letter should contain the full reasons for the decision ( that it is reasonable for the person to travel as arranged, in order to live at the dispersal address), even if this means virtually repeating the contents of the previous letter offering travel.

11.8 Where NASS refuse to give permission to the reception assistant to readmit an asylum seeker into emergency accommodation, the person is expected to find their way back to the dispersal area to take up their accommodation there. When permission to readmit has been refused case-workers should forward a warning letter advising them of the decision ( see Annex D). If the person does not return to their dispersed accommodation, then after a period of seven days any reasons should be reconsidered. Asylum seekers supported under section 95 are provided with support, subject to various conditions, one of which being that the person should not be away from their accommodation for more than 7 days and night in a row without permission. Support can therefore be discontinued under regulation 20(1) (a) of the Asylum Support Regulations 2000, for breaching this condition, provided that the person does not have a reasonable excuse. An example letter can be found at Annex E.

ANNEX A

The Police and Local Authorities

Under the Crime and Disorder Act 1998 there is an obligation for both the police and local authorities to work closely together to tackle harassment, domestic violence and promote community safety. Each police force and local authority is required to develop its own community safety policies with set targets and timescales. The local police have set up community safety units. In some areas this is a jointly run unit with the local authority. Many local authorities and police services may have different people/sections responsible for this area of work. In some of the larger cities there may be a specific racial harassment team. In other areas it might be one person responsible for the policy with a number of different sections responsible for operations.

The main legal sanctions are:

The Criminal Damage Act 1971

A council, with the police, can prosecute people who cause ‘criminal’ damage to council property or attempt/threaten to do so.

The Local Government Act 1977

Section 222 gives councils powers to go to court to ‘promote or protect the inhabitants of their area’.

The Protection from Eviction Act 1977

Generally for private landlords who harass their tenants, this can be applied to ‘any person’. However I can only be used where the harassment is intended to force someone out of their home or stop them exercising rights, like having visitors.

The Housing Act 1985

Where the perpetrator is a council tenant we can start possession proceedings based on breach of a council’s Conditions of Tenancy. Any person evicted for racial harassment making a homeless application may be found intentionally homeless.

The Housing Act 1996

Judges can attach a power of arrest to an injunction granted in the High Court or County Court.

The nuisance ground for possession includes conduct ‘likely to cause’ a nuisance

In serious cases possession action can be pursued without serving notice.

The Public Order Act 1986 (as amended)

Makes it illegal to use words, behave or display written material which is intended to stir up racial hatred, or is likely to do so.

The Criminal Justice Act 1988

Section 39 covers common assault, actual and grievous bodily harm.

Malicious Communications Act 1988

Makes it an offence to send letters or messages to cause stress or anxiety if they are indecent, grossly offensive, threatening or containing false information.

Environmental Protection Act 1990

A council can serve a notice to restrain a nuisance such as rubbish dumping or noise. Further breach can lead to prosecution. An aggrieved person can apply directly to the Magistrates Court for an abatement order and compensation.

London Local Authorities Act 1995

Allows a council to take action against racist graffiti on private property.

Protection from Harassment Act 1997

Creates a mix of civil and criminal sanctions where a course of conduct amounting to harassment is pursued. Civil injunctions can be obtained and restraining orders given (after criminal conviction). Requires at least two incidents of a similar nature.

Crime and Disorder Act 1998

Courts have increased sentencing powers in relation to certain racially aggravated offences (eg criminal damage, public order offences and offences against the person). Also gives many remedies for local authorities and the police to deal with ‘anti social behaviour’ through orders in the Magistrates Court.

Family Law Act 1998

Provides a much stronger legal framework to protect women from domestic violence including ouster injunctions to remove a partner from a property and the power of arrest if an injunction is breached.

There are also a range of other practical steps that a local authority or the police can take to help tackle harassment and support victims in general. These include:

Surveillance and use of specialist surveillance equipment

Interviewing identified witnesses and door knocking to establish further witnesses

Use of professional witnesses

Recommending that additional security measures are fitted by providers

Warning letters to identified perpetrators

Involving the education department or school where a child is being bullied or is unsettled as a result of an incident

Involving the social services department if additional support and counselling is required

Advice on support networks available and linking victim into available support and victim support

There are a number of other parties who may also be of assistance. These include:

Friends and neighbours

Community and refugee groups

Victim support

Local residents associations

Woman’s Aid

Resident caretakers

Local mediation services

The role of the provider

NASS has contracted with both private sector and public sector providers for both accommodation, management and support through their enabling role. Providers must ensure that properties are well managed which includes providing appropriate support where a NASS applicant is claiming to be a victim of harassment or domestic violence In practical terms the provider should be expected to help applicants to link into appropriate statutory and voluntary services and be on hand to offer reasonable protection and support.

ANNEX B

Example letter to be used as an acknowledgment of an allegation

Dear

Thank you for your letter dated [insert date] in which you state that you have been subject to racial harassment and wish to be allocated alternative accommodation.

The National Asylum Support Service takes such allegations seriously and will now initiate investigations into the claims you have made.

We would advise that you ask your accommodation provider to put you in contact with the Local Authority Community Safety Advisor, your local One Stop Service and the Police. These organisations are experienced in dealing with racially motivated incidents and will be able to offer you advice and assistance.

Yours sincerely

ANNEX C

Example letter to be used when a person has left their accommodation and consent has been given for the person to staying in voluntary sector emergency accommodation in London ( or the regions).

I am writing following receipt of a fax dated July 2000 from [ ] at the Refugee Council.

The Secretary of State understands that you have been supported under section 95 of the Immigration and Asylum Act 1999 at [ give address] since [ give date] . The [ give name of organisation] advises that you have left your accommodation in [give address] on [give date] because [ give reasons]

The Secretary of State has carefully considered your circumstances.

Allegations of racial harassment are a very serious matter and are treated in NASS accordingly. As you are aware, allegations of this nature need to be investigated by the police and the local authority, both of whom have powers under the legislation to take action against those who perpetrate acts of racial harassment.

The Secretary of State is aware that [ give details of allegations]

The Secretary of State understands that [ give details of result of investigation ]

The police and accommodation provider in [ give region] have been contacted about your particular circumstances and after careful consideration of the information available the Secretary of State is satisfied that it is reasonable to refuse your request to be relocated and that it is reasonable that you continue to reside at [ give address]. Should any further incidents occur you must inform the police so that they can take any appropriate action. You should also inform your accommodation provider and NASS who may give the matter further consideration. Your local "one stop shop" can also give you further advice.

Although he is under no obligation to do so, the Secretary of State has exceptionally arranged for you to return to your accommodation in [ enter address] by coach on [ enter correct date] 2000. He has also decided that these arrangements are one of the conditions of your support. The continuation of support provided to you under section 95 of the Immigration and Asylum Act 1999 is dependent on your compliance with these conditions. Should you fail to travel as arranged the support provided to you under section 95 of the Immigration and Asylum Act 1999 may be discontinued with immediate effect in accordance with Regulation 20 (1) (a) of the Asylum Support Regulations 2000. This regulation states that asylum support for a supported person and his dependants (if any), or for one or more dependants of a supported person, may be suspended or discontinued if the Secretary of State has reasonable grounds to suspect that the supported person or any dependant of his has failed without reasonable excuse to comply with any condition subject to which the asylum support is provided.

Failure to travel as arranged may result in your support package being discontinued.

Should you require any further clarification on this matter please do not hesitate to contact me.

Yours sincerely

ANNEX D

Example warning letter to be used when a person has left their accommodation and consent has not been given to be re-admitted into voluntary sector emergency accommodation.

I am writing following receipt of a fax dated [ give date] from [ give name of reception assistant] at the [ give name of organisation]

The Secretary of State understands that you have been supported under section 95 of the Immigration and Asylum Act 1999 at [ give address] since [ give date] . The fax from [ give name of organisation] advises that you have left your accommodation in [ give address ] on [give date] because [ give reasons].

The Secretary of State is satisfied on the information available that there is no significant risk of serious violence occurring to you should you return to your accommodation in [ give address] and that it is reasonable that you do so.

In the particular circumstances of your case the Secretary of State does not give permission for you to be re-admitted to the accommodation at [ give address of emergency accommodation] which is grant funded to provide support under section 111 of the Immigration and Asylum Act 1999 only to asylum seekers who are not supported under section 95.

The Secretary of State notes that when you were provided with support on [ give date] you were provided with a copy of the National Asylum Support Service Agreement which sets out certain conditions and which specifies that if you and your dependents ( if any) do not keep to this agreement, that your support may be suspended or discontinued. One of those conditions was that you should not be away from your accommodation for more than seven days and nights without permission.

In the circumstances the Secretary of State has decided that if you do not return to your accommodation in [ give address] within 7 days then your support may be terminated for remaining away from your accommodation for more than seven days and nights, without permission and without reasonable excuse.

Yours sincerely

ANNEX E

Example letter to be used when a person has left their accommodation, consent has not been given for the person to stay in voluntary sector emergency accommodation in London( or the regions), and the person has not returned to their accommodation within 7 days.

On [ give date] the Secretary of State decided to provide you with accommodation and subsistence support under section 95 of the Immigration and Asylum Act 1999. He is aware that you travelled to your authorised accommodation at [ give address] on [ give date] .

On [ give date] Mr/ Mrs/ Ms [ give name of reception assistant] of [ give name of organisation] advised this office that you left your accommodation in [ give address ] on [give date] because [ give reasons].

The Secretary of State was satisfied on the information available that there was no significant risk of serious violence occurring to you should you return to your accommodation in [ give address]and that it was reasonable that you did so.

In the particular circumstances of your case the Secretary of State did not give permission for you to be re-admitted to the accommodation at [ give address of emergency accommodation] which is grant funded to provide support under section 111 of the Immigration and Asylum Act 1999 only to asylum seekers who are not supported under section 95.

The Secretary of State noted that when you were provided with support on [ give date] you were provided with a copy of the National Asylum Support Service Agreement which sets out certain conditions and which specifies that if you do not and your dependents ( if any) do not keep to this agreement, that your support may be suspended or discontinued. One of those conditions was that you should not be away from your accommodation for more than seven days and nights without permission.

In the circumstances the Secretary of State warned you by letter dated [ give date of warning letter] that if you did not return to your accommodation in [ give address] within 7 days then your support may be terminated for remaining away from your accommodation for more than seven days and nights, without permission and without reasonable excuse.

The Secretary of State has carefully considered your circumstances and remains satisfied on the information available that there is no significant risk of serious violence occurring to you should you return to your accommodation in [ give address].

In the circumstances the Secretary of State, having taken into account the extent to which you have breached your condition of support, is satisfied that you have been away from your authorised accommodation for more than seven days and seven nights, without permission and without reasonable excuse, and accordingly discontinues your support as required by regulation 20(1)(a) of the Asylum Support Regulations 2000.