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MEMORANDUM OF UNDERSTANDING - Family Returns Project
Delivery Partners are Glasgow City Council, UK Border Agency and the Scottish Government.
Aims
The aim of this project is to reduce the need for forced removals and detention in Scotland. The project will centre around encouraging refused asylum seekers to take up voluntary return by providing intensive family support focused on helping families make sense of their stay in Scotland, confronting issues delaying a return and building up skills and preparedness for a voluntary return
It is widely recognised that voluntary return is by far the best option for returning refused asylum seekers. Those opting to take up voluntary return receive a needs based resettlement package through the International Organization for Migration (IOM) that can include cash and in kind support. Voluntary return also avoids the inevitable trauma involved in forcing a person to leave the country against their own will.
1. Promoting voluntary return is important for a number of reasons:
The `legacy' backlog of asylum applications which developed before 2007 was exacerbated by a low rate of returns. This is now being resolved through the Case Resolution process.
The New Asylum Model introduced in 2007 aims to eventually fully resolve all asylum applications within six months (resolve means grant status or remove). This means that those refused asylum will have had less opportunity to integrate into Scottish society, minimising a significant barrier to return.
The decision making processes within the New Asylum Model are significantly improved, and is subject to regular external scrutiny from the UNHCR which has resulted in positive reports in Scotland. We can therefore be more confident than ever before that UK Border Agency are making the right decisions on asylum applications.
Promoting voluntary return is a key means of avoiding a future `legacy' situation
2. This project builds upon the principles of the Informed Returns Programme (IRP) currently in place for case resolution legacy families . It has also benefited from lessons learned in pursuing similar outcomes elsewhere in the UK and abroad, in particular, Australia.
In Scotland, stakeholder consultation identified misunderstandings about legal status and remaining appeal rights as a key barrier to voluntary removal. The Informed Returns approach has support from across the public and voluntary sectors in Scotland and is currently being used with the families refused through case resolution. Families who have asylum claims progressing through the new asylum model also have a dedicated UKBA asylum caseworker who will signpost decisions and options throughout the claim.
3. As well as ensuring that families are well informed about their circumstances the project will work with them to ensure that they understand their options for return and that they develop knowledge and skills to help support them and their families on return. An additional feature of this project would be a focus on preparing children for their return. The project is led by Glasgow City Council (GCC) and has been developed in partnership with organisations across the public and voluntary sectors.
4. The project is for families only and will accommodate 4-5 families at any one time. There will be strict agreed eligibility criteria for the project. (Details at annex A) It is understood that more families will meet the criteria than will go through the project itself (given the size of the project), however the point of the project is to reduce the need to detain families by refining the procedure to encourage voluntary returns. It is hoped that the success of the project will increase the use of this method of return. If successful the project may be rolled out to a wider/larger remit.
5. The central element of the programme will be an intervention to family's day-to-day lives. This challenges them to consider their position in Scotland and what their stay in the UK has meant and how it can be used to overcome the perceived barriers to returning home. On joining the project the family will move from their Section 95 accommodation to a self-contained accommodation unit in a central and multicultural area of the city. Children will normally remain at their present school and families will have their own keys to their flats. The internet, satellite television and home country newspapers will be used to re-acquaint the family with the day-to-day living experiences within their own nation.
6. If families present a Judicial Review whilst in the project (and this is accepted at first orders) the family will relocate to a new S95 accommodation provided by GCC. In these circumstances, there is no guarantee that the children will remain at the same school.
7. The role of Social Work is central to the project. The Social Worker will begin working with the family before they move to the unit and will support them throughout the process, empowering individuals and building up skills and confidence for a return. The family will complete a self-assessment report at the start of the project and this would be periodically reviewed to ensure the family's engagement with the project. The length of time spent in the accommodation will depend on the on-going engagement of the family in the returns process. At the end of the process the family will either go home voluntarily or through an enforced return.
8. The project is a family centred approach looking at reinforcing the need to leave the UK and making sense and accentuating the positives of their time here. It also builds on their life skills and work skills for a return to their home country and potential re-application to enter the UK under a managed migration scheme (should they meet the points based system criteria). Consistent and continuing access to legal advice is an important aspect of ensuring the asylum seeker knows where they are in the system. The legal advisor appointed by the family will continue to provide the legal support. Additional advice from a range of voluntary organisations and Faith communities would be included in a programme of activity for individuals and the families
9. The project will be evaluated on an ongoing basis to ensure it meets the objective of encouraging voluntary return. In particular, there will be a focus on children and young people in terms of equipping them for a return and what tools, techniques are best to transfer knowledge and educational attainment to their home country. Evaluation will also look at the process and what works. It is anticipated that the project will run for three years but with a mid-term evaluation to ensure that all parties are happy to continue with the project. The model and processes are being developed at present and the pilot should be fully in place early in financial year 2009-10.
Accommodation
Glasgow City Council has identified a property in a multicultural and central area in the south of the city where the project can be based. UK Border Agency has confirmed that they will fund the accommodation initiative as part of the current contract.
The Scottish Government have agreed to fund the devolved parts of the project e.g. staffing of social work.
How the information will be transferred/shared
The UKBA/GCC accommodation portal will be the main method of sharing information. All partners will keep and maintain their own records.
Monitoring and review
The arrangements set out here will be subject to review. They will be monitored to assess how effective they are and whether any changes or improvements could or should be made. It is the intention to set up a monitoring group which will include the three major players, UKBA, Scottish Government and Glasgow City Council. This group will have overall responsibility for the development of the project.
A review group will also be set up to include the key stakeholders plus invited strategic partners to meet on a quarterly basis to review the progress of the project.
Annex A
Agreed criteria for entry to the project.
Eligibility for the pilot
In order to join the pilot, families must:
have at least one minor dependant and no more than can be safely accommodated in one of the pilot flats;
have exhausted their appeal rights (in respect of the lead applicant and any other extant claims);
have no history of violent behaviour, or inclination towards violence;
have no medical problems requiring significant medical intervention;
have no child deemed to be at risk under child protection arrangements;
have no child who is sitting examinations at Standard and Higher Grades within the next three months. (There may be cases where the circumstances are such that the three month period can be shortened - this will be an assessment based on the individual facts of the case.);
be removable;
be able to claim AVR;
be accommodated in Glasgow under the target contract; and on s95 support.
Prior to a family being referred to the pilot a case conference of key partners will be held. At this meeting a dynamic risk assessment will look at issues around violent behaviour, including domestic violence, medical matters, including acute mental health and self-harm, and child protection. The case conference would involve the UKBA case owner, the key worker and others as appropriate e.g. lead professional, but not legal reps at this stage.
As more info is agreed it can be added to this.