OUTREACH TEAM GUIDANCE

55 - OUTREACH TEAM GUIDANCE

This document gives guidance for NASS case-workers in the Outreach Team.

1. Introduction

1.1 The NASS Outreach Team (OT) has been established to assist with the process of dispersing asylum seekers who are in Emergency Accommodation (EA) and who have applied to NASS for support. The list of OT members and their contact numbers is at Annex A.

1.2 The primary purpose of the OT is to provide a presence on site at the EA to assist NASS Operations to efficiently and effective deliver the dispersal process. The role will be to provide an on site personal link between the individual asylum seeker and Operations decisions. Outreach Officers will also link with and work as closely as possible with the appropriate Refugee Agency (RA) and provide assistance to help them deliver their role. The OT will also establish and maintain an effective relationship with the EA management and Wackenhut staff and support them in delivering their role in the process. The emphasis is on creating the right circumstances and encouraging asylum seekers to travel in line with the dispersal arrangements that have been made for them at the first time of asking.

1.3 There may be a reason given as to why an asylum seeker is unable to comply with the dispersal arrangements made for them. However, failure to travel may occur where there are no reasons given or reasons are given and considered not to be reasonable. In such circumstances, it will fall to the OT to bring the "Failure to Travel" policy into effect.

1.4 The Outreach Team will not be present at all voluntary sector EA and, in some cases, even when there is a presence, for operational reasons or resource reasons it may not be possible to apply these procedures. The procedures contained in this guidance are intended to be entirely compatible with and, in addition to, the current policy relating to dispersal of asylum seekers and dealing with those that fail to travel.

2. An overview of the dispersal process

The relevant RA is tasked by Operations with identifying and listing for dispersal asylum seekers in EA who are able to travel. The provisional travel list is sent to the Dispersal Facilitation Group (DFG) for routine checks to be made.

The provisional list is then passed to the Operations Management Information Team (OMIT) for further checks to be applied, known as the "cleansing" process. OMIT compiles the final travel list for each group dispersal (coach). In order to produce the final travel list, arrangements need to be made within Operations in respect of travel, special vouchers and accommodation for each asylum seeker.

The final group dispersal list is faxed to the relevant RA, the EA manager and the Outreach Team. Enquiries regarding final list or absence of the list should be addressed to Group Dispersal 0208 633 0627. A pack containing an Initial Support Letter (ISL) for each asylum seeker/family is sent out to the RA by TNT courier. The ISL gives details of the town and date of dispersal. The ISL also gives information about emergency vouchers, regular vouchers, HC2 certificate, accommodation and the NASS failure to travel policy. Enquiries about ISLs or missing ISLs should be addressed to Omit 0208 633 0669.

The RA are responsible for the process of ensuring that asylum seekers are aware of the fact that they have been listed for dispersal and are required to attend a pre-dispersal briefing. The RA is responsible for ensuring that the briefing takes place and delivering the briefing. The RA will provide the asylum seeker with the ISL and a generic package with information relating to their support, which will be explained to them with an interpreter present if necessary.

Asylum seekers are required to present themselves and their belongings for travel on the Wackenhut coach as instructed at their briefing. Special vouchers to support the asylum seeker and any dependants for 18 days are issued by Wackenhut staff (care assistants) once the asylum seeker is on the coach ready to travel. The RA/OT will fax the completed voucher issue sheet to NASS Croydon (0208 633 0807)

The OT will identify who did and who did not travel against the final travel list for each group dispersal where the OT are in attendance at the time of departure. The OT will fax a copy of the final travel list to DFG clearly indicating those asylum seekers who travelled and those who did not 0208 633 0713. DFG arrange for the necessary follow up action to be taken in respect of accommodation, regular vouchers, HC2 etc for those who travelled as arranged.

In the case of asylum seekers who have not travelled for whatever reason there will be further action for the on site OT. This is detailed below.

3. Outreach Team function

The OT must obtain a copy of the final travel list for a group dispersal by Wackenhut Coach as soon as it is available. It is vital that all concerned are operating from the Final travel list.

OT officers should examine the final list and consider whether they are aware of any information which might cause any of those listed not to be able to travel to the destination given on the day specified. The final travel list must also be checked against the list that has been put up in the EA to notify asylum seekers of when they are travelling and giving details of when to attend for briefing. Any necessary enquiries or conversations should take place as soon as possible if it is thought that this might apply in any case. If it becomes clear to the OT officer that an asylum seeker has a reasonable excuse for not travelling at the designated time (eg. too ill to travel with a doctors note), DFG should be notified immediately by fax 0208 633 0713. The detailed arrangements for notifying DFG that an asylum seeker will not be travelling or has failed to travel are set out below.

OT officers should liase with the RA and EA management as necessary to satisfy themselves that the pack containing the ISLs for a group dispersal have arrived and that arrangements are being made for the asylum seekers to receive the required briefing, the generic information pack and most importantly their ISL. On site discussions will need to take place with the RA staff to ensure that the briefing will take place at an agreed time when the OT can be available for referrals. OT officers should ensure that sufficient copies of the "Leaflet to be handed to asylum seekers who are offered and accept a place in emergency accommodation" (Annex B) are available and are handed to asylum seekers at their briefing (it should be noted that most emergency accommodation has translated versions displayed in prominent areas).

3.4 OT officers should not attend the briefing that is given by the RA.

3.5 The RA staff giving the briefing should be requested by the OT officers on site to immediately refer to them any asylum seekers who state or give the impression that they cannot/will not comply with the dispersal arrangements made for them, where the RA is unable to reassure the asylum seeker about travelling. RA staff must also be asked to provide details of those asylum seekers who do not attend for briefing immediately after the briefing session has finished. It would be most helpful following a briefing session if the RA can provide the OT with a copy of the list of asylum seekers for a coach, with travelling/not travelling/not present to be briefed, against their name.

3.6 It is essential that every effort is made to serve the asylum seeker with written details of their conditions of support (dispersal destination, date etc). This is contained in the ISL. If an asylum seeker does not attend the RA briefing, at least the ISL should be handed to them or placed in the room. If it is not possible for the RA to hand the ISL to an asylum seeker for any reason, the OT team should be informed asap and the envelope containing the ISL should be handed to an OT officer for action. Not attending the briefing is not a reasonable excuse for not travelling.

3.7 When speaking to an asylum seeker who is expressing any concerns about travelling as arranged, the OT officer should remind the asylum seeker of the terms and conditions under which they were offered and accepted a place in EA (ensure where possible that they have a copy of the leaflet at Annex B (although if they have not been given this leaflet then this will not give the person a reasonable excuse for failing to travel)). It is for the OT officer to explain the leaflet if they are giving it, if there is a need to do so.

3.8 If an asylum seeker gives a reason for not travelling which is considered by the OT officer to be not a reasonable excuse, he should be advised of this verbally and reminded of the likely consequences of him failing to comply with a condition of his support (failure to travel). However, he should not be deemed to have failed to travel until the coach leaves without him on board. Where resources permit, every effort should be made to reassure the asylum seeker about travelling and to ensure that they are fully aware of the NASS view towards their reason for not wishing to travel and the likely consequences of not travelling as arranged.

3.9 OT officers will be present at the due time of the departure of the coach. OT officers will support the RA in checking the final travel list and confirming those who are on board and travelling and those who have failed to present themselves for travel. In no circumstances should someone be allowed to travel who is not on the final travel list, without the explicit prior agreement of OMIT 0208 633 0667.

3.10 As soon as possible following the departure of the coach, an OT officer will fax (020 8633 0713) a copy of the final travel list to DFG indicating those who have travelled and those who have not, with brief reasons for the failure to travel (eg, medical). A second fax is to be sent to OMIT as a backup recipient (0208 633 0720). If there is likely to be any delay in between knowing who has travelled and who did not and the reasons, confirmation of who travelled should be faxed immediately. A second fax should sent as soon as the full details of who did and who did not travel, why and what action has been taken in respect of those travelling, is available. In the case of those who did not travel this represents initial feedback and more detailed information should be forwarded to DFG by fax on an individual record form as soon as possible (see below).

3.11 As soon as an asylum seeker has failed to travel, or falls into the category at 3.2 above, the OT officer should start to complete an Outreach Team Failure to Travel Personal Record Form (FTTR) (Annex C). This form will record an interview with the asylum seeker including what was said by and to the asylum seeker regarding his failure to travel. It will record his reasons for not travelling, the decision and action taken relating to his failure to travel and confirm when and by whom the form was faxed to the Failure to Travel Team in Croydon. Copies of any letters produced to or issued by the OT officer will be kept with the Failure to Travel Record plus a copy of medical certificates etc. A copy of the FTTR should be faxed immediately to the Failure to Travel Team in Croydon.

3.12 A further FTTR must be used, retained locally and faxed to the Failure to Travel Team for each arranged or rearranged travel to ensure that Operations colleagues are always up to date on the need to rebook travel or not and any information that they need to know which may affect dispersal location or timing.

3.13 If an asylum seeker who has been the subject of a FTTR subsequently travels this will be confirmed to DFG as at 3.9 above. The FTTR for the asylum seeker will be noted to the effect that travel took place. A COPY OF ALL FTTR FORMS MUST BE FAXED TO DFG INCLUDING WHERE PEOPLE HAVE TRAVELLED.

4. Failure to travel policy

The current failure to travel policy is set out in Policy Bulletin 17. Although this was written at the time of individual rather than group dispersal arrangements, the decision making process remains the same. Standard letters have been slightly amended to meet the current circumstances and to empower the OT to deliver the failure to travel policy on site at EA.

Other related Policy Bulletins include:

Bulletin 19 - The Medical Foundation for the care of Victims of Torture

Bulletin 21 - The Medical Foundation for the care of Victims of Torture

Bulletin 25 - Failure to Travel - Addendum

Bulletin 30- The Human Rights Act 1998

Bulletin 31 - Dispersal Guidelines

One of the conditions attached to the provision of NASS support is that when the person receives notice about the accommodation that has been offered, the person must move to the accommodation in line with the arrangements that have been made for travel. NASS has the power under the regulations to discontinue support if this condition is breached without reasonable excuse.

5. Implementation of the failure to travel policy

5.1 If the asylum seeker does not travel on the coach as directed, the OT officer should make reasonable efforts to locate them and identify, consider and take a decision on whether or not their explanation is considered to be a reasonable excuse. A FTTR should be set up for the individual.

If an explanation offered is considered to be a reasonable excuse, this will be recorded on the FTTR which should be faxed to the DFG asap. If it transpires that they have not been made aware of the arrangements that had been made for dispersal because they had not been provided with the ISL, this would normally be accepted as a valid excuse. Such cases should be recorded on the final travel list as ISL not received. In all cases where excuses are accepted as reasonable by the OT, OMIT will make arrangements for the further ISL to be issued as soon as is practical taking into account the information provided by the OT officer.

If no reasons are provided and the coach has departed, the OT officer should issue a "Terminating Support Due to Failure to Travel Where No Reasons Are Given" letter (Annex D). The letter should be delivered to the asylum seeker's room (having checked with RA that it is the correct room) and a copy retained with the individuals FTTR. A copy of the FTTR should be faxed to the Failure to Travel Team for follow up action. See also 6.5 and follow action required re the Hat Team.

If a reason is given for not travelling, the OT officer must consider whether or not the explanation is reasonable based on the policy guidelines, guidance provided in these instructions and relevant precedents. Each case is individual and must be considered in the light of all known facts and on its merits.

The OT officer must satisfy himself that they have questioned the individual concerned sufficiently, through an interpreter if required, to be satisfied that they are in possession of all the relevant facts before reaching their conclusion. It is reasonable to assume that the asylum seeker should be able to ensure that the OT officer has all the relevant facts as long as he is given every opportunity to do so. The OT officer should seek advice/guidance from their manager (Tony Chappell x 0834, 07771 531580 Jousef Jaunoo X0861, 0781 801 2337 or other senior officer (Matthew Foote, Nick Farey or if necessary Judith Simpson) if they are in any doubt as to the most appropriate course of action in the circumstances.

Failure to Travel 1st occasion (first non valid reason). If it is decided that the reason given for failure to travel is not a reasonable one, the OT officer will issue personally to the asylum seeker, or to their room if they are not present, a "Person Fails to Travel and Offers a Reason" letter (Annex E). The letter will need to include in manuscript the reasons given for failure to travel and the reason for the decision. A copy of the letter will be kept with the individual FTTR. A copy of the FTTR and the failure to travel letter will be faxed to the Failure to Travel Team. See also 6.5 and follow action required re the Hat Team.

Failure to Travel 2nd occasion (second non valid reason). If it is decided that the reason given for failure to travel is not a reasonable one, the OT officer will issue personally to the asylum seeker, or to their room if they are not present, a "Terminating Support Due to Failure to Travel on Second Occasion" letter (Annex F). The letter will need to include accurate information in the way of dates and places which can be obtained from the FTTR. A copy of the letter will be kept with the individual FTTR. A copy of the FTTR and the terminating support due to failure to travel letter will be faxed to the Failure to Travel Team.

Where the asylum seeker has absconded from EA before he/she has been given their support conditions, the case should be treated as withdrawn and they should be record as AWOL on the final travel list which is notified to DFG. DFG will pursue the AWOL process, notifying the RA accordingly so that EA can be made available. It is, therefore, not appropriate to terminate when as asylum seeker has left EA before they have received details of their conditions of support.

5.9 Before treating the case as withdrawn the OT case-worker should ensure that the decision is reasonable. Where there is a signing in register, if the asylum seeker has not signed in at the EA for at least two days and/or all available evidence suggests that he/she is no longer living at the EA, he should be treated as AWOL. If the asylum seeker does not fit the AWOL criteria the relevant instructions should be followed.

5.10 If it is established that an asylum seeker has already been dispersed, this should be shown by entering already dispersed against their name on the final travel list.

6. Discontinuing (terminating) support due to failure to travel

Regulation 19 of the Asylum Support Regulations 2000 provides that NASS can take into account the extent to which any relevant condition has been complied with, when deciding whether to provide or continue to provide support. Regulation 20(1) (a) provides that NASS can discontinue support if there are 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. If an asylum seeker fails to travel, as required by the conditions contained in their agreement (subject to guidelines given above), given the warnings that asylum seekers receive, support can be discontinued.

If an asylum seeker does not have a reasonable excuse for his failure to travel on the second occasion then termination of support is normally the appropriate course of action.

6.3 If the OT officer believes that termination is the correct course of action in accordance with these instructions, he should refer the case to an Outreach Team Manager for agreement that support should be terminated.

6.4 If the Outreach Team Manager agrees with the recommendation to terminate support, the appropriate termination letter should be served adding the relevant information in manuscript as appropriate. Copies of the letter must be retained by the OT officer. A copy of the termination letter should be retained with the updated FTTR. Copies of both should be faxed to the FTT Operations.

A copy of all termination letters must be faxed to the RA HAT Team ( fax 0208 603 0885 or 0207 840 4355 - Tel 7840 4510 4541 Rosa Gomez). It is for the RA to initiate eviction procedures. The OT officer should encourage and monitor the RA to evict. It is for the OT officer to follow up after 48 hours, and to report in cases where the asylum seeker appears not to have left the EA to NASS Refugee Integration 0208 633 0066. It is good practice for the OT to keep their own log of such cases in order to keep track of the outcome of the case.

If a decision is made to discontinue support, such a decision will attract a right of appeal under section 103 (2) of the Immigration and Asylum Act 1999.

6.7 Where a termination of support letter is issued, this must be accompanied by a "Notice of Appeal"form and "Your Asylum Support Appeal - An Explanatory Leaflet". An appropriate envelope addressed to the Asylum Support Adjudicators must also be provided to the asylum seeker.

6.8 In no circumstances should the OT officers become verbally or physically involved in evictions. Beyond serving the termination letter the role of the OT officer is a monitoring and reporting role. It should also be noted that the provider can exclude but cannot physically remove people from their rooms.

7. Consideration of explanations given for not travelling

Each case is individual. Each case must be considered on its merits in the light of all known facts whilst considering the policy bulletins which are provided for guidance.

Policy Bulletin 19 gives the background on the work and role of the Medical Foundation.

Policy Bulletin 21 refers to the policy on asylum seekers in EA who ask not to be dispersed while they are waiting to be given an appointment to attend the Medical Foundation.

7.4 Policy Bulletin 30 (The Human Rights Act instructions) advises caseworkers to ensure that decisions are compatible with the relevant Articles of the ECHR and in particular to consider whether the decision is justified and proportionate (paragraph 8.1).

7.5 Policy Bulletin 31 provides guidelines to help caseworkers deal with requests, made by asylum seekers, to be allocated accommodation in London or other particular area ( the Bulletin also contains specific references to the ECHR) . These are for the assistance of caseworkers and do not prevent the exercising of discretion where compelling or exceptional circumstances exist.

7.6 OT officers will need to be aware of the guidelines in all of these Policy Bulletins and ensure that they consider them when dealing with each individual case.

ANNEX A

Outreach Team - Telephone extensions

Tony Chappell Team Leader Greater London

020 8633 0834 Mobile 0777 153 1580

Yousef Jaunoo Team Leader South East and Central

020 8633 0811 Mobile 0781 801 3537

Edward Okonji 020 8633 0808 Mobile 0779 633 6478

Tony Phillips 020 8633 0810 " 0779 699 6554

Jaseth Legister 020 8633 0862 " 0779 633 6490

Karen Lawson 020 8633 0861 " 0779 699 6553

Rankin Weir 020 8633 0832 " 0779 633 6487

Sue Weeks - Weldon 020 8633 0830 " 0779 633 6496

Carol Charmane 020 8633 0862 " 0781 801 4081

Sue Hylands 020 8633 0811 " 0779 699 6576

Sean Knighton 020 8633 0809 " 0781 801 3205

Alastair Williams 020 8633 0829 " 0781 801 4079

Office Based Support

William Sobogun 020 8633 0829

All staff are based on the second floor of Quest House.

2 April 2001

ANNEX B

NATIONAL ASYLUM SUPPORT SERVICE (NASS)

LEAFLET HANDED TO ASYLUM SEEKERS WHO ARE OFFERED AND ACCEPT A PLACE IN EMERGENCY ACCOMMODATION

You have applied to the National Asylum Support Service (NASS) for support on the grounds that you would otherwise be destitute.

You are being offered a place in emergency accommodation. This is to give you accommodation and support for a few days while you complete your application for support and it is considered by NASS. Please consider your application carefully and the type of support you need. The voluntary sector Reception Assistants will help you complete your application form.

If you decide to seek accommodation and support from NASS, our policy is to disperse asylum seekers away from London and the South East. We are not allowed to take account of your preferences about where you would like to live. But if there are special reasons why you think that you should be allocated to a particular place, you should say so on the application form. If you do not do so, you cannot later use these reasons to delay your travel.

If you have relatives or friends who can accommodate you, then you should live with them and claim for your essential living needs only.

If you are offered accommodation and support by NASS, NASS will arrange for you to travel to your accommodation by coach or train. You will be told where you will be travelling to and when, no later than the day before you are required to travel.

You must make sure that you make yourself available for the pre-dispersal briefing as requested by the voluntary organisation. Failure to attend the briefing other than for exceptional reasons is not a valid reason for not travelling. [I think Sarah Westlake has already advised that this is not necessarily watertight, but I’m happy to take this line with the additional wording as proposed.] You must also make sure that you are available to travel as requested. Shopping, visiting friends or having an appointment are not valid reasons for not attending the briefing or not travelling.

If something happens after you have applied for NASS support that you think will prevent you from travelling as arranged, you must tell the Reception Assistant or NASS immediately this becomes known to you. NASS will fully consider your reason for not being able to travel and will advise you whether or not it is considered to be a valid reason. If the reason is considered to be a valid one, NASS will rearrange your travel. If NASS does not consider the reason to be valid NASS will expect you to travel as arranged.

IF YOU FAIL TO TRAVEL AS ARRANGED THE OFFER OF SUPPORT MAY BE WITHDRAWN AND YOU WILL BE REQUIRED TO LEAVE YOUR CURRENT ACCOMMODATION

NASS 28 March 2001

ANNEX C

NATIONAL ASYLUM SUPPORT SERVICE

Failure to travel Record

Destination from

Destination to

Date/Time

NASS Reference Port/Home Office Reference

Arrival Date at Accommodation

Title Mr Mrs Miss Ms

Surname

Other names

Date of Birth

Nationality

Do you have dependant/s? Yes No

Main language

Do you speak English? Yes No

Introduce yourself, any colleagues present and the interpreter.

Interpreter ID ………..

If at any time you do not understand, please stop me and ask for clarification

We are seeing you today because you failed to travel on……………….. We want to find out your reason/s for not travelling on……………… and explain to you the course of action/s we will be taking.

Do you understand what has just been explained to you? Yes No

Were you informed that you would be travelling on …………….? Yes No

Were you briefed on your travelling to by Voluntary Sector Yes No

Please explain why you do not wish/did not travel .

FOR OUTREACH TEAM

Comments

Recommendation

Decision

Action taken

Date Time

Name Signature

To Fax No (enter number) Date Time

ANNEX D

Template for terminating support due to failure to travel where no reasons are given

The Secretary of State notes that you applied for support under section 95 of the Immigration and Asylum Act 1999. He decided that you qualified for support and made arrangements for you to travel to your accommodation in [give town] on [give date of arranged travel] as a condition of your support.

The Secretary of State notes that you failed to travel as arranged and although you were interviewed by a NASS case-worker on [give date] have not provided any reasons for your actions.

The Secretary of State has considered the extent to which you have breached any relevant conditions, as required by Regulation 19 of the Asylum Support Regulations 2000. The Secretary of State is satisfied that you have breached your conditions of support by failing to travel as arranged without reasonable excuse and, having carefully considered your circumstances, he has decided to discontinue your support in accordance with Regulation 20(1)(a) of The Asylum Support Regulations 2000.

The organisation which is currently providing you with emergency accommodation has no authority to provide support to those persons, such as yourself, whom the Secretary of State has determined are ineligible for support under section 95 of the Immigration and Asylum Act 1999 and accordingly you must leave your current accommodation immediately.

ANNEX E

Template for use when person fails to travel and offers a reason

The Secretary of State notes that you applied for support under section 95 of the Immigrations and Asylum Act 1999. He decided that you qualified for support and made arrangements for you to travel to your accommodation in

[state town] on [give date of arranged travel] as a condition of your support.

Accommodation is allocated on a no choice basis whilst taking into account the person's individual circumstances. The Secretary of State is also required by section 97 of the Immigration and Asylum Act 1999 to have regard to providing accommodation in areas where there is a ready supply of accommodation.

The Secretary of State notes that you failed to travel as arranged on [give date]. He notes that you have stated that [give reasons for failure to travel].

[give reasons for decision here]

ANNEX F

Template for terminating support due to failure to travel on second occasion

[give town] on [give date of arranged travel] as a condition of your support.

The Secretary of State notes that you failed to travel on the arranged date, and that you gave reasons for your actions. The Secretary of State considered these reasons and decided that it was reasonable that you should be allocated accommodation in [give town] as arranged, giving his reasons for that decision by letter dated [enter date]. Although he was under no obligation to do so, the Secretary of State made further arrangements for you to travel on [enter date] and again you failed to travel.

The Secretary of State has considered the extent to which you have breached any relevant conditions, as required by regulation 19 of the Asylum Support Regulations 2000. The Secretary of State is satisfied that you have breached your conditions of support by failing to travel as arranged without reasonable excuse and, having carefully considered your circumstances, he has accordingly decided to discontinue your support in accordance with Regulation 20(1)(a) of The Asylum Support Regulations 2000.