Project 17

Is there a legal reason you cannot return to your country of origin?

 

There are some situations where the local authority can avoid helping your family under section 17, even if you are homeless or have no money. 

 

If you do not have leave to remain in the UK, the local authority can conduct a ‘human rights assessment’ in addition to looking at whether your child is 'in need'. This assessment will look at whether the local authority can avoid breaching your human rights by advising or assisting you to return to your country of origin.

 

The local authority will not be able avoid breaching your human rights if there is a legal barrier to your return to your country of origin. If there is a legal barrier to you return, the local authority may have to help you.

 

There will be a legal barrier to your return if:

  • You have leave to remain or a right to reside in the UK*, or
  • You have applied to the Home Office for leave to remain, and you are waiting for a decision, or
  • The Home Office has refused your immigration application, but you have appealed against that decision, or
  • The Home Office has refused your immigration application, but you have started judicial review proceedings against the Home Office, or
  • You have been advised that you have grounds to submit an immigration claim, and you are planning to do this quickly

 

 

If one of the points above describes your situation, the local authority cannot refuse to support you because you have a legal barrier to returning to your country of origin.

 

If there is no legal reason preventing you from going back to your country of origin, then the local authority should decide whether there are any practical or human rights reasons why you cannot return. This is discussed in the next section.

 

 

 

* If you have leave to remain or a right to reside in the UK then the local authority should not conduct a Human Rights Assessment at all.

 

 

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