Asylum accommodation: letter to UK Government

To: Home Secretary James Cleverly

From: Cabinet Secretary for Social Justice Shirley-Anne Somerville

On 16 February you wrote to the First Minister concerning Scotland’s role in relation to UK Government procured and operated asylum accommodation. I am concerned that your letter is misleading, and I want to clarify any misrepresentation around the number of people Scotland is providing sanctuary to and to reply to some of the comments you have made.

The Scottish Government and local authorities have consistently played a full role in the settlement and integration of asylum and refugees. We take the role of supporting people seeking asylum living here while awaiting a decision from the Home Office seriously as well as having a significant role in the UK’s refugee resettlement and relocation schemes and supporting displaced people from Ukraine – asylum being only one aspect of the UK’s humanitarian response.

Scotland resettled 16% of total refugees who arrived in the UK under the Vulnerable Persons Resettlement Scheme and the Vulnerable Children Resettlement Scheme, up to those schemes closing in March 2021. Up to September 2023, Scotland also welcomed over 11% of refugees arriving under the UK Resettlement Scheme which began in 2021.

Across Homes for Ukraine, Afghan relocation and resettlement routes and asylum accommodation Scotland is supporting 6 people per 1,000 compared to 4 per 1,000 in England. The latest immigration system statistics published by the Home Office and DOUCH on 23 November 2023 show that, in addition to 6,090 people living in Scotland and in receipt of Home Office support following claims for asylum, Scotland has enabled 25,685 people to arrive in the UK through the Homes for Ukraine scheme with a Scottish Sponsor, and to a further 938 people through the Afghan Resettlement Programme. This represents a total of 32,713 people, compared to 224,743 in England. Therefore, taking into account our population, Scotland has supported 50% more people per capita than England.

Since full dispersal was announced in 2022, all 32 of Scotland’s local authorities have made it clear that they are open to having asylum dispersal in their areas. Reductions in Scotland’s proportionate share of overall asylum accommodation only arose in the context of a period which saw asylum decision making effectively pause and an overreliance on unsuitable contingency accommodation.

The Scottish Government agrees that people seeking asylum must be provided with safe and appropriate accommodation while waiting for an asylum decision. We do not agree that large sites or vessels can provide such accommodation.

We have set out clearly, on numerous occasions, that use of vessels and large sites are not suitable for people seeking asylum. There are fundamental differences between people seeking asylum and other groups supported in temporary accommodation, in terms of their agency, support available to them and long term outcomes. This, combined with the high likelihood of having experienced trauma, makes prolonged stays in contingency accommodation unsuitable and entirely counter to integration principles. People seeking asylum should be accommodated within communities with access to the essential support and services they need.

Housing asylum seekers on barges and other vessels cannot and should not be compared with the Scottish Government’s temporary use of cruise ships to accommodate displaced people from Ukraine. As you well know, there are fundamental differences in the rights and agency of these cohorts, particularly as Home Office policy restricts right to work and access to most mainstream support for people seeking asylum.

Which brings me on to your comments about migration and asylum in your letter. You chose to quote the First Minister and Stephen Flynn MP, both of whom made clear that we recognise the value migration has brought to our nation, with benefits for our economy, education, public services and communities. You did not provide full context. These statements were both made in relation to UK Government’s morally repugnant and economically illiterate ‘five point plan’ to cut net migration, which will cause irreparable damage to vital sectors of our economy such as higher education, health and social care, construction and hospitality. It is already apparent that the impact on families and our communities will be devastating. I wrote to you in December requesting a meeting to discuss the impact of these changes in Scotland and while I have now received a reply from the Immigration Minister, I still request a meeting to discuss these matters.

Conflating these comments on the immigration system with dispersed asylum accommodation is misleading and demonstrates a fundamental misrepresentation of how these two independent systems operate. It also fails to recognise that under UK Government rules people seeking asylum are restricted from working while awaiting an asylum decision.

In addition, international evidence shows that your refusal to grant asylum seekers the right to work more easily has negative consequences for asylum seekers’ material and emotional well-being, and for long-term integration outcomes.

Research by the independent Expert Advisory Group on Migration and Population evidences how enabling asylum seekers to gain employment could improve health and wellbeing and reduce the risk of exploitation. We are currently developing policy options on extending the Right to Work to Asylum Seekers in Scotland and I would urge you to work with us on implementing these measures to improve the wellbeing of some of the world’s most vulnerable people, while supporting Scotland’s economy by helping fill skills shortages and address population challenges.

I note that you refer to occupied bedspaces in your letter. Published Home Office statistics show that at the end of September 2023 there were 5,876 people living in Home Office provided asylum accommodation in Scotland. It appears to me that any change between this and the occupancy rates you have quoted is most likely a result of your Streamlined Asylum Process.

Since full dispersal was announced in 2022, Scotland’s local authorities have engaged with the Home Office on how this can be supported. Over half of Scotland’s local authorities currently have asylum accommodation in their area, with twelve local authorities outside Glasgow now having asylum dispersal accommodation for the first time since the introduction of full dispersal. This is a significant and dramatic change which shows the willingness of Scotland’s local authorities participate in asylum dispersal.

There also remains continuing uncertainty in relation to how you plan to implement the Illegal Migration Act 2023 and how this will affect the UK asylum system. Without clarity on implementation plans it is impossible to identify potential impact or interaction with devolved services and legislation. I urge you to provide detailed information to the Scottish Government and local authorities as soon as possible.

The change to full asylum dispersal policy, less than two years ago, was announced prior to any consultation and without long-term funding commitments. Scottish local authorities have demonstrated their willingness to participate in asylum dispersal, but it is unreasonable to expect local authorities, public services and specialist support organisations to adapt and expand effectively to support people seeking asylum and communities over such a short space of time and without the additional resource needed. Current funding models need to be reviewed and long-term funding committed to. The availability of appropriate support, including legal advice, education and healthcare, must be a consideration of any asylum accommodation you procure. Procurement of safe and appropriate accommodation will take time and needs to be approached in the context of overall humanitarian response and local contexts. Significant changes of policy, particularly maximisation and the Streamlined Asylum Process, which have a direct impact on people seeking asylum and local authorities without engagement and additional resource in recognition of the impact of decisions you make do not help matters.

Scotland’s strong response to refugee resettlement and relocation programmes, as well as displaced person schemes, demonstrates what can be achieved when government and local authorities work together. This needs to be matched in relation to asylum, to ensure that support and integration works for the benefit of people in need of protection and our communities.