Introduction
21.1Parliament has legislated so as to limit local authority duties and powers in relation to asylum-seekers and other overseas nationals, hereafter referred to as persons subject to immigration control (‘PSIC’).
21.2The easiest way of addressing such cases is as follows:
•first, assess whether the PSIC is entitled to, or may be provided with, a local authority service:
•under the terms of the legislation governing that particular service;
•taking into account anything in that legislation that imposes a special hurdle in relation to PSIC;
if the PSIC does not qualify, that is generally the end of the matter;
•second, if the PSIC qualifies thus far, consider whether:
•the service falls within the list of barred services in paragraph 1 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002; and if so whether
•the PSIC falls within the list of excluded persons in paragraphs 2 and 4 to 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002;
if the service is barred and the PSIC is excluded that could be the end of the matter, however, one must then consider whether:
•third, it is necessary for some provision to be made of a barred service, to an excluded person, in order to avoid the breach of a person’s rights under EU law or the ECHR, in which case there is a duty to make that necessary level of provision available; or whether
•fourth, the PSIC is entitled to ‘packing up’ accommodation/assistance under the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002.