Ending Destitution Together: progress report – year one 2021 to 2022

Workstream Two: Advice and Advocacy

We will aim to prevent destitution and, when that is not possible, reduce the time people experience it by improving access to high quality immigration and welfare advice, which enables people to resolve issues and make empowered decisions. We will support work which addresses gaps in provision of legal advice, working in partnership with legal and advice sector to raise awareness of rights and entitlements. We recognise the role of third sector advocacy in supporting people to access their rights and entitlements and will seek opportunities for partnership.

Action 9: We will increase access to specialist immigration advice to support local authorities assisting people with NRPF. This will support especially vulnerable groups and complex cases, as well as building local capacity and strengthening local service design. It will also collect data to strengthen the national evidence base on immigration needs advice.

The International Organization for Migration (IOM)’s casework capacity^[4] in Scotland is hosted by COSLA, and IOM and COSLA closely collaborate to provide support to all 32 local authorities in Scotland. During this reporting period (1st October 2021 – 31st March 2022)^[5] despite the ongoing COVID-19 challenges, IOM engaged successfully with Scottish councils, receiving referrals for direct immigration advice and support from Glasgow, Edinburgh, Angus, West Lothian, Clackmannanshire, Falkirk, East Ayrshire and Aberdeenshire councils, and local third sector organisations (Streetwork, Simon Community, Crisis, and Sense Scotland).

Between October 2021 and March 2022, 117 vulnerable people received support through this project. IOM’s OISC-registered caseworkers provide comprehensive legal advice and assistance to vulnerable individuals to enable them to progress their immigration status and enjoy their rights. This includes direct, one-to-one casework support, support in gathering and examining evidence, liaison with support workers and other agencies involved, providing qualified legal advice and support with application processes.

The majority of casework support in this reporting period was provided to EEA nationals; this included new (late) applications to the EU Settlement Scheme (EUSS) as well as applications to convert Pre-Settled Status to Settled Status for those eligible. IOM caseworkers also provided advice regarding Settlement applications for resettled refugees to local authority resettlement officers.

Second tier advice was also provided to frontline staff in councils and third sector organisations, with many of these queries related to entitlements for EEA nationals. This type of support is much appreciated by frontline staff, especially where the immigration history or status of vulnerable people supported by councils is unclear.

More broadly, IOM’s casework focuses on vulnerable individuals, and clients supported during this reporting period included people from the Roma community, people with mental health issues, people who were homeless or rough sleeping, people with disabilities, looked after children and care leavers, and people who were destitute or at-risk of destitution. Most of the referrals for support involved people with multiple intersecting vulnerabilities, such as health concerns, disabilities, mental health issues, lack of documentary evidence and digital and language barriers. These beneficiaries also faced additional barriers with language and literacy, financial destitution, and many suffered from depression or anxiety.

Referrals were often made when people were at the point of urgent need and very distressed due to not being able to access support, as a consequence of their insecure immigration status. Half of the cases referred to IOM in this reporting period involved people who were homeless or rough sleeping. Many EEA nationals who missed the EUSS deadline also had their benefits stopped, which exacerbated vulnerabilities and increased risks of destitution. This emphasises the vital need for continued access to complex immigration advice in Scotland, which can be a clear pathway out of destitution for people.

With the expansion of IOM’s support to cover a wider range of immigration applications, IOM caseworkers and COSLA colleagues have also been delivering training and awareness-raising sessions to local authority staff supporting people with NRPF, helping to build knowledge and capacity within councils and respond to priority areas and needs depending on local context.

The experience in the initial six months of IOM support delivery under Action 9 of the strategy, has highlighted the ongoing need in Scotland for support with immigration related matters, particularly complex case support, for vulnerable people and support for local authorities. It has also illustrated how regularising immigration status can enable access to services and support to prevent and mitigate risks of destitution. Going forward, officers will continue to expand the project and learn from delivery, working in close partnership to support local authorities assisting people with NRPF.