Written evidence submitted by Asylum Seeker Housing Project

Asylum Accommodation and Support Services In Scotland

UKVI Dispersal Policy

1. The UK Government’s asylum dispersal programme was introduced in 1999 and operates on the principle that those who apply for asylum will be dispersed to 6 designated UK regions.

Based on the most up to date available figures, there are currently 34,367 asylum seekers in dispersed accommodation in the UK

     https://www.refugeecouncil.org.uk/assets/0003/8736/Asylum_Statistics_August_2016.pdf

The projected number of asylum seekers per region is detailed below.

As mentioned previously, the current number of asylum seekers accommodated in Scotland is 4000 service users equating to 11.6% of the total number of asylum seekers in the UK

2. To date, Glasgow City Council is the only local authority that has agreed to be a dispersal area in Scotland.

3. Asylum applicants do not have the right to mainstream welfare benefits or social housing and are not permitted to undertake paid work.

4. If the applicant is destitute they have the right to be housed and financially supported until their claim for asylum is determined by the Home Office which includes the following;

• Accommodation which is provided on behalf of the Home Office  in Scotland by SERCO/Orchard & Shipman under the terms of the COMPASS Contract
• Utility payments including council tax, gas and electricity bills are the responsibility of Orchard and Shipman
• Financial subsistence support which is provided directly by the Home Office at the rate of £36 per person

  UKVI COMPASS Contractual Payments To Serco/Orchard & Shipman

1. In 2012, Serco was awarded the Asylum Accommodation and Transport Services (COMPASS) Contract for Scotland and Northern Ireland by the Home Office.

The Contract is for an initial 5 year period terminating in December 2017 with an option of a two year extension

2. Serco has appointed Orchard and Shipman as its principal sub-contractor with responsibilities for the overall operational management of the contract including;

• Procuring accommodation
• Employment and supervision of staff
• Housing management and maintenance
• Orientating  new asylum seekers to the local area
• Registration with General Practitioners
• Enrolment of children in schools

3. The COMPASS Contract currently supports 4000 asylum seekers accommodated in 1500 properties

4. Average occupancy for Initial accommodation (IA) has historically been in the region of 200 service users

5. The Home Office payment rates to  SERCO are as follows;

• £11.71 per person for Dispersed Accommodation (DA)
• £30.28 for Initial Accommodation(IA)

6. A two bedroom DA property with 4 service users accommodated will generate income of £1,424 per month.

7. A 1 DA bedroom property with 2 service users accommodated will generate income of  £712 per month

8. Total payment  per year based on 4000 DA service users  is £17,096,600

9. Total payment per year based on 200 IA service users is £2,210,440

10. Total contract value per year is £19,307,040 equating to approximately to £96,535,200 over the 5 year period of the contract.

Summary of Possible Contractual Failures and Illegal Practices

1. Poor accommodation standards

The extremely poor standard of housing provided by the current asylum   accommodation provider is well documented and can be summarised as follows;

• Properties that are badly maintained with dilapidated heating and hot water systems which are very inefficient and break down regularly

• Properties procured in areas of Glasgow with no established BME communities, high levels of poverty and anti-social behavior

• Flats that are inadequately decorated with cheap, second hand poor quality furniture provided

• Intimidation, bullying, and harassment of service users by staff

• Required repairs to properties are either not recorded or completed on time

• Overcrowding of properties including families being forced to share

There has also been growing concern by refugee agencies that many of the working practices of the provider are illegal and these are summarised below

2. Illegal Evictions

All asylum seekers are issued with an occupancy agreement (Annex 1- occupancy agreement). Based on this document, it is our understanding that the legal obligations of the tenant and landlord are governed by common law tenancy rights.

Serco’s Policy on evicting tenant’s states;

“Orchard and Shipman will follow due legal process to evict the service user” ( Annex 2 - Serco SOP 9.4 Negative Decision SNI).

The Policy also confirms that where a service user has refused to vacate a property, Orchard and Shipman will “begin legal proceedings to secure an eviction order”.

To date, no notice of proceedings has been raised against any service user. Instead, residents are either bullied or intimidated out of properties or their locks are changed when they are not home.

Examples of such practices have regularly been highlighted in the media and can be accessed via the links below;

http://www.eveningtimes.co.uk/news/13290813.Asylum_seekers_locked_out_of_homes/

http://www.eveningtimes.co.uk/news/13294713.Pregnancy_won_t_halt_eviction/

http://www.eveningtimes.co.uk/news/13279317.George_fears_eviction_will_kill_him/

Possible Legislative Breaches

In accordance with S22(3) asylum support regulations 2000, the provider currently issues a 7  day notice period of termination of accommodation

http://www.legislation.gov.uk/uksi/2000/704/part/9/made

It is our understanding that all common law tenancies require a 28 day - 40 day notice period

In addition, no repossession proceedings are being raised against service users who have not been intimidated out of their homes. Instead, locks are changed.

3. Service user’s belongings not being returned.

As a result of the accommodation provider’s policy of changing locks in order to evict residents, their belongings are often still in the property.

ASH is aware of several cases where evicted service users have requested their belongings back only to be either “fobbed off” for months on end or to be told there was nothing left by them in the flat. We strongly suspect that the provider is simply disposing of all personal belong as this is logistically the simplest way for them to have flats ready for new residents.

Possible Legislative Breaches

The Home Office asylum policy bulletin states;

“Q62 What happens to possessions when a asylum seeker has absconded, been evicted, imprisoned or has died?”

“In these circumstances it is considered best practice for accommodation providers to adopt procedures which comply with the Torts (Interference with Goods) Act 1977, unless the terms of the occupancy agreement allow the provider to dispose of anything left behind without liability.

Under the Torts Act a landlord becomes an ‘involuntary bailee’. This effectively means that although the abandoned possessions remain the property of the asylum seeker, the landlord assumes responsibility for them.

The landlord is obliged to make every effort to contact the owner warning him/her that the property may be disposed of within a certain time unless it is collected. This is often a couple of weeks. If the landlord receives no communication from the owner he is at liberty to dispose of or sell the possessions, but is obliged to keep any proceeds from a sale for a certain length of time in case the person returns. The landlord is permitted to be reimbursed for any costs incurred from the proceeds of the sale.”

(Home Office Asylum support: policy bulletins instructions April 2015 p70)

It is our understanding that a failure comply with the Torts (Interference with goods) Act 1977 may lead to the provider being liable to prosecution for theft.

4. Overcrowding

It is current practice for the provider to accommodate 2 single parent families in one self-contained flat. ASH is aware of instances where;

• 2 single parents with 2 children each being allocated one bedroom each in a two bedroom flat
• A family of 4 accommodated in a studio flat
• Single parents with up to 2 children being allocated bedsit flats
• A family of 2 adults and 3 children being accommodated in a 2 bedroom flat where there is not enough space for all the beds required.

It is also common practice by the provider to classify small bedrooms as “doubles” and allocate them accordingly.

Possible Legislative Breaches

We believe that the current practices of the provider leads to overcrowding and contravenes Section 136(the room standard) and Section 137 (the space standard) of Part V11 of the Housing (Scotland) Act 1987.

5. Entering Flats Without Providing Notice

ASH is aware that the provider is entering flats by without providing any notice to residents

Possible legislative breaches

We believe that this practice contravenes The Housing Scotland Act 1988 and the Housing (Scotland) 1987, Schedule 10 which requires a landlord to give 24 hours advance notice in writing of their intentions to enter a property.

In addition, we feel  unannounced entry into a residents' accommodation is also contrary to the principles of article 8 of the Human Rights Act 1998, "Right to respect for private life and the home.

6. Conclusion

ASH has attempted to highlight these possible breaches of UK and Scottish legislation directly, in writing, to the provider.  Their approach to date is simply not to respond, or to deny that they are acting illegally.

Given the seriousness of these practices, we feel there is no other available option but to consider legal action and have been working with the Govan Law Centre’s Public Interest Litigation Unit.

Sheila Arthur

Asylum Seeker Housing Project

www.ashproject.org.uk

Occupancy Agreement

Between Orchard & Shipman

and

_________________________________________________ (‘the Occupant’)

This Occupancy Agreement sets out the terms on which the Occupant occupies the property (‘the property’) leased by Orchard & Shipman as part of its contract with the SERCO and the UK  Border Agency and the duties and obligations of Orchard & Shipman and the Occupant.  This property is for temporary accommodation only.

1.                             Orchard & Shipman agrees

1.1         To make the property available to the Occupant, on a temporary basis, on behalf of the UK Border Agency, whilst his/her asylum application is being assessed.

1.2         That this Occupancy Agreement shall commence

      on …………………………………………(regardless of the date of signing this    Agreement).

1.3         To ensure that at the commencement, and throughout the period, of occupancy the property is structurally sound, is in a wind and watertight condition, and is in a reasonable state of repair and maintenance.

1.4         To provide a day-to-day housing management service to deal with and resolve any issues arising from the accommodation. Any issues relating to the property may be discussed with or reported to a Housing Officer.

1.5         To provide furniture and utensils for use within the property which are detailed on the attached schedule. The furniture and utensils remain the property of Orchard & Shipman at all times and must not be removed from the property.  Any loss or damage to the furniture or utensils, arising from any misuse or neglect by the Occupant or any person living in the accommodation or any visitor, will be reported to UK Border Agency.

2. The Occupant agrees

2.1         To occupy the property allocated by the Orchard & Shipman as his/her only home and to limit occupation solely to those of his/her dependants for whom the property was allocated. Visitors are permitted at all reasonable times, but cannot remain overnight. The occupant is responsible for the conduct of any visitors to the property who must behave in accordance with Clause 2.5 of this agreement whilst on the premises.

2.2         Not to carry out any structural, internal or external alterations, or any other repair to the property.

2.3         To report any outstanding repairs to Orchard & Shipman.

2.4         To keep, and on final departure from the property leave, all furniture and utensils provided clean and in a reasonable state of repair (fair wear and tear excepted).

2.5         Not to cause or permit any nuisance to the property, or cause or permit any fear or alarm, nuisance or annoyance, issue threats or behave in a violent manner to other residents, staff, visitors or other residents in the neighbourhood.

2.6         Not to interfere with or in any way alter the electricity supply and meters or the wiring and timing mechanisms of the heating systems in the property, or tamper with any fire or smoke detector alarm.

2.7         Not to keep any animals in the property or in any adjoining or separate land with the property.

2.8         Not to use the property for business purposes.

2.9         To allow an authorised member of Orchard & Shipman’s  staff, or an approved contractor to enter the property at a prearranged time, having written to give  5 days notice, for 

          the purpose of inspecting the property and any furnishing and utensils provided therein,  

          and to allow inspection of electricity meters and electrical appliances.

To allow a Orchard & Shipman Staff, or an approved contractor to enter the property at a prearranged time, having written to give five days notice in order to carry out general maintenance.

To allow an Orchard & Shipman Staff or approved contractor to enter the property immediately in the case of an emergency, immediate or urgent maintenance needed to be carried out.

2.10     To move if required by Orchard & Shipman Staff and/or the UK Border Agency to another property considered appropriate. A minimum of seven days notice of any intended relocation will be given except in the case of the property being deemed to be unsafe.

3.              Quality of Service and any Complaint

3.1      Orchard & Shipman is committed to providing a quality service in a non-discriminatory way and does not tolerate harassment, bullying or any other threatening behaviour.

The Occupant may report any incidents of this nature directly to the police service and/or to Orchard & Shipman staff. 

The Occupant has the right to contact UK Border Agency directly in relation to the quality of service provided by Orchard & Shipman.

3.2          The occupant has the right to complain about the service provided by Orchard and Shipman as detailed in the complaints policy leaflet provided in your Welcome Pack

4.                 Termination of the Agreement

4.1          This agreement shall terminate upon the determination of the Occupant’s asylum claim, subject to service of a written notice in terms of 4.2 hereof.

4.2          Orchard and Shipman may terminate this Agreement by serving a written notice on the Occupant, specifying the date and time of, and the reason for the termination.

4.3          Any breach of paragraphs 2.5 or 2.6 or 2.7 or where there is a persistent or other substantial breach of this Occupancy Agreement which the Occupant has failed to remedy may lead to termination of this Agreement, followed by immediate application of eviction procedures.

Signed on behalf of Orchard & Shipman    ______________________________(Signed)

                                                                                       ______________________________(Date)

The terms of this Agreement are understood by me and

(a)    I agree to keep to them as governing my Occupancy at:

(address) …………………………………………..……………………………………………...

Glasgow,  …………….

(b)    I understand the Emergency Procedures which have been explained to me. I have received a copy of the Welcome and Information Pack printed in my own language, which I shall retain for my own records.

(c)    I am aware of my right to be accompanied by a person of my choice in all my dealings with Orchard & Shipman.

                                                                            _____________________________(Signed)

                                                                            _____________________________(Date)

Policy

The purpose of this Local Operating procedure is to give clear instructions on the procedures to be followed In Discontinuing support for and Moving on Service Users when a Negative Decision has been received.

Taken in consideration are procedures to be followed regarding Service Users who are reluctant to vacate Accommodation when instructed.

It is assumed that O&S will receive the 21 day notification of cessation of UKBA support from Serco via the Serco COMPASS Veco IT system within one working day of the notice being posted onto the UKBA MIP. It is assumed that UKBA will post the 21 day notification on the MIP within one working day of creating the notice.

Assumptions

SDC staff have access to the MIP/CBP and have been trained in its use.

Access to the CBP/MIP is by user log on. Enquiries on CBP/MIP access should be directed to the CBP/MIP Delivery Group.

Procedure;

C

OMPASS – North W

September 2016