Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
A day in the life Of...
Read on

UK Immigration Rough Sleeper Rule

Date:11 MAY 2021
Third slide

Aaron Gates-Lincoln, Immigration News

The UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s permission to remain within the UK.

In recent weeks, Priti Patel’s ‘new plan for immigration’ has furthered these changes by very quietly reviving a programme that was exposed in 2018 by ‘The Observer’ that aimed to obtain data on migrant rough sleepers. This programme uses councils and homelessness charities to obtain personal data about migrant rough sleepers that may result in the cancellation of their right to remain and consequently deportation.

It is thought that two charities and six councils have already signed up to this scheme in the past few months. However, when approached about their involvement, Single Homeless Project immediately withdrew from the scheme stating that ‘it wanted to avoid putting rough sleepers at risk’.

The scheme includes 19-page forms being given to rough sleepers when accessing services that they approach, which inform them that deportation is a possible outcome. The ethics of this are questionable, as the vulnerability of migrant rough sleepers means personal information could be extracted from them by caseworkers with ease. Julianne Morrison, a barrister specialising in data protection stated, 'The person giving them this form is not someone who has Home Office or Border Force written on their tabard. It is somebody who they’ve turned to for help.'

The Home Office have acknowledged the risks that the policy introduces for migrant rough sleepers. An internal Home Office report that analysed the policy found that the rule could indirectly affect and discriminate against minority groups. The document states that the policy could have disproportionate impacts on the basis of race, due to some factors that contribute to homelessness being experienced more frequently by certain ethnicities. This is certainly reflected in data, as according to latest statistics, 26% of rough sleepers are non-UK nationals and over half of all rough sleepers in London are from outside the UK.

This policy is also expected to impact migrants that are fleeing from domestic abuse too. The Home Office internal report states that a particularly vulnerable group are Asian women, who’s main reason given for homelessness is domestic abuse. Director of campaign group Southall Black Sisters, Pragna Patel, importantly states that such new laws exposed a ‘sinister attitude’ towards migrants made homeless because of domestic abuse. 

International Family Law Journal
International Family Law Journal
The practice title for family lawyers engaged...
Family Law Awards 2023
Family Law Awards 2023
Winners announced!
Court of Protection Practice 2024
Court of Protection Practice 2024
'Court of Protection Practice goes from strength...

The message that the Home Office is potentially portraying through the use of this rough sleeping rule could be a large contributor to the stigma attached to migrants, domestic abuse and homelessness. Labour MP, Claudia Webbe, has addressed the rule, stating it tries to 'deport people for the "crime" of homelessness' and that it is 'especially callous for the government to introduce these changes during a global pandemic'. She also stressed that government needs to introduce a new plan that will aim to permanently eradicate rough sleeping, not through deportation but expansion of available services and support.

Luckily, this new scheme introduced by the Home Office is not yet in use, as immigration staff have been informed not to use it until official guidance on how to apply it has been released. The internal Home Office report, despite identifying disproportionate impacts, found that due to any discrimination occurring being ‘not direct’, it is therefore ‘not automatically unlawful’.

A multitude of charities and organisations have spoken out against this rule, and have urged the Home Office to refrain from moving forward with the new scheme of data collection. Kate Allen, Director of Amnesty International UK, argued 'The Home Office has talked of becoming a more "fair, humane and compassionate" department - immediately scrapping this cruel rule on rough sleeping would be a good place to start.'

It is absolutely vital that pressure is continually applied to the Home Office surrounding the implementation of the scheme, to ensure that migrants are given the protection they deserve. The government now more than ever needs to be funding services and support that aim to actually tackle the issue of rough sleeping, not deporting those who are experiencing the struggles of it. 

Aaron Gates-Lincoln is a correspondent for Immigration News, a media platform that helps raise awareness for migrant injustices and news around the world.