The W-ASH Project was given time to make a presentation at the above committee hearing. View link here: http://www.scottishparliament.tv/Archive?Area=&categoryId=9b1304a3-4cf9-4f3a-b140-5e5c1153c380parentCategoryClicked=False&pageNumber=1&orderByField=ScheduledStart&queryOrder=DESC
Read transcript here: http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10883
Olivia talked about how she had not been provided with housing when pregnant or for 7 months after she had her baby. Natalia talked about the ways that Olivia should have been supported by the local authority, both with housing for herself and the baby and with financial support for both of them.
We referred to the COSLA Guidance “Establishing Migrant Access to Benefits and Local Authority Services In Scotland", 2012 in both our written and oral evidence to the EHRiC.
Attached is the document for your information and the main points are copied and pasted below;
- “All children are covered by the Children (Scotland) Act 1995 regardless of immigration status. Local authorities should be mindful of their duties under children’s legislation and consider carrying out a child in need assessment. Such an assessment should be based on the needs of the child and on any potential risk to the child(page 16(para 6) &17(para 1)”
- “Local authorities should consider in all cases whether exclusion from services and support would amount to a human rights breach. The NRPF network provides a Human Rights Assessment Template that can be used by local authorities for this purpose(page 11 para 5)”
- “Local Authorities should remember that their duties to children under the Children (Scotland) Act 1995 endure regardless of the child’s immigration status.(page 54 para 2)”
- “Where carers are excluded from support provided under the children’s legislation by schedule 3, they may re-qualify for support due to the child’s rights to family life under Article 8. Local authorities should conduct human rights assessments and fully consider the duties that may be owed to persons unlawfully in the UK.(page 54 para 3)”
We note with concern that neither Glasgow City’s health and social care partnership and COSLA’s written evidence made no reference to this document. As you can see, the guidance is very detailed and should be the reference document used by all Local Authorities when assessing the eligibility of those with insecure immigration status for social work support and assistance.