This document provides information about local authority support for migrant families with no recourse to public funds. Section 17 of the Children Act allows local authorities to provide support like cash, vouchers, and accommodation for families facing issues like homelessness or poverty if it is in the child's best interest. While local authorities have a duty to safeguard children, budget cuts and an increasing number of families with no recourse to public funds has led some local authorities to restrict support. The document outlines the process for requesting an assessment of need from local authorities and provides tips, but notes local authorities may share information with immigration authorities or try to discourage support. It also discusses options for challenging decisions to refuse support.

1. Local authority support for
migrant families with no
recourse to public funds
abi.brunswick@project17.org.uk

2. Project 17
• Advice and advocacy
• Training for advisers
• Telephone advice line for advisers
• Online resources
• Campaigns
www.project17.org.uk

3. No Recourse to Public Funds
• What does it mean?
• Who has it?
• What impact does it have?

4. s.17 Children Act 1989:
A final safety net
• Local authorities can provide support to
families with children in need – e.g. those
facing homelessness or severe poverty
• Can include cash/vouchers and
accommodation (as well as other support)
• Not a ‘public fund’

5. Overview of Section 17
Children Act 1989
• Section 17(1) imposes a general duty on local
authorities to safeguard and promote the welfare of
children within their area who are “in need”.
• As long as it is not contrary to the welfare of the child,
section 17(1)(b) provides that a local authority should
promote the upbringing of children in need “by their
families”.

6. Procedure
• Request an assessment
• Provide as much evidence as possible
• LA should inform you of their proposed course of action
within one working day
• Assessment should be completed within 45 working
days, or sooner if urgent
• Can provide support while the assessment is ongoing if
urgent
• Remember to take names and contact details of social
workers and request copies of assessment
• If support is refused, ask ‘why’ – in writing!
• Be as open and honest as possible

7. Risks and barriers
Hard to avoid:
• LA will inform the Home Office if approached by someone in the UK
unlawfully
• Faster immigration decisions
• Accommodating out of area
• Intrusive, personal questioning
Can (often) be challenged:
• Offering to take the child into care
• ‘Bouncing’ between LAs
• Offering to fund travel to country of origin
• Suggesting that children are accommodated with the other parent
• Delays in carrying our assessments
Failure to be open and honest can lead to credibility problems!

8. Broader picture
• Local authority budget cuts
• More and more families with NRPF
• Government’s ‘hostile environment’
More destitute families asking for support
Local authorities resort to ‘gatekeeping’

9. Challenging social services decisions
Two main ways to challenge social
services decision (or failure to act):
- Make a complaint
- Judicial review

10. Changing landscape:
Immigration Act 2016
• Local authority support will move from s.17 CA
1989 to paragraph 10A of schedule 3 of the
Nationality Immigration and Asylum Act 2002
for many families, including some refused
asylum seekers.
• Likely to lead to:
– More people requesting support
– Confusion around eligibility
– Increased gatekeeping?

11. abi.brunswick@project17.org.uk
www.project17.org.uk
07963 509 044
@Project17UK