Council HIV Homeless Threat
posted: 16/12/2008
The recent House of Lords ruling on the rights of destitute asylum seekers to minimal food and accommodation, is causing problems for Newcastle upon Tyne city council.
Instead of carefully reviewing each of the 118 people (17 with HIV) to make sure they fit the new rules from the House of Lords, Newcastle council, in Northeast England, seems to be using the court case as an excuse to save money by making people both homeless and hungry.
With expert advice and advocacy, George House Trust can see no good reason why anyone with HIV should lose all local authority housing and support. Anyone who might be made homeless can claim instead from the UK Borders Agency.
The local newspaper reports that up to 80 adults with special needs in Newcastle are in danger of losing their council-funded accommodation following a legal ruling. Attempts will be made to find alternative housing, but some could end up destitute.
Newcastle City Council’s adult services is supporting 118 refused asylum seekers under the National Assistance Act of 1948 with accommodation and subsistence, at a cost of £789,370 last year. The people are all single adults who have been refused asylum and whose appeal rights are exhausted. They are prohibited from working and have no entitlement to public funds, but have additional needs.
17 living with HIV threatened
The group includes 63 people with mental health problems, 17 who are HIV positive and 38 with physical ailments or disabilities.
The issue has resulted from a legal ruling involving an asylum seeker from Zimbabwe who is HIV positive. The man, who lives in Slough, gets NHS treatment but needed somewhere to live. Slough Council refused to provide him with accommodation and said he was able to look after himself. After years of legal wrangling, the council won only part of its case at the House of Lords.
The ruling means failed asylum seekers living in council-funded accommodation in Newcastle may no longer be entitled to support. Some have been housed and supported, as is their legal right, for more than four years. Cathy Bull, head of Newcastle adult social services, said: “The recent House of Lords decision has very significant implications on the support local authorities across the country are allowed to offer failed asylum seekers. We have sought legal advice and have been told that we have no choice but to comply with the decision. People who do not meet the new criteria will be given six weeks notice that their subsistence payments will cease and their accommodation withdrawn. Every possible step will be taken to minimise the impact of this decision both on affected people and on the city.”
George House Trust comment
Supporting vulnerable refused asylum seekers living with HIV by providing basic accommodation and food, is a legal right under the National Assistance Act 1948. The House of Lords has simply clarified the amount of care and attention someone needs to get council help. Slough Council lost its main argument that ‘care and attention’ means someone needs personal or nursing care in their own home. The House of Lords instead made things easier for people – you only need to show you need some help looking after yourself. Newcastle council seems to be scare mongering and trying to save itself more than three quarters of a million pounds.
We think people with HIV should have no fear – properly made claims should all be allowed.
Expert guidance
We’ve got the answers any council needs on how it should properly deal with these reviews, on the front page of our website in the Information Bank - Housing and support for HIV-positive asylum seekers.
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