Bail addresses and Home Office accommodation
Having a release address is not a mandatory requirement for a person to be granted bail. However, someone will have a much stronger chance of success in their bail application if they do have a an address to be released to. This is because having a release address is considered by the Tribunal and the Secretary of State as a factor which could lower the risk of absconding and/or re-offending and harm (for those with convictions) – which are matters that must be taken into account when deciding whether to grant immigration bail.
The Summary Table at the bottom of this page provides an overview of different accommodation options for people in detention, the relevant criteria and how to apply.
Private Accommodation
Anyone who is offered private accommodation as their release address (from friends, family or a private landlord) will need to provide the tribunal with documentary evidence of ownership or written permission from a landlord to have a tenant in advance, and ideally, they should be in attendance at the bail hearing in person with these documents. If applying for Secretary of State bail they should include details of this address in their application.
Home Office Accommodation
In certain circumstances people can apply to the Home Office for different types of accommodation based on their immigration case and history.
Asylum seekers, who have not had their claim determined and are destitute, can apply for accommodation under section 95 of the Immigration and Asylum Act 1999. Asylum seekers can also apply for Section 98 emergency accommodation while they are waiting on a decision for Section 95 support.
Refused asylum seekers can apply for support under section 4 of the Immigration and Asylum Act 1999.
Applications for Section 95 and Section 4 support can made using the Form ASF1.
Applications for Section 95 and Section 4 Support can be applied for whilst in detention, however, they need to show that they have been granted bail/bail with a residence condition first. This can be a circular and lengthy process and individuals may wish to seek advice on an unlawful detention claim or Judicial Review if they are not released within a reasonable period of time.
If an individual (who is not an asylum seeker or a failed asylum seeker) is likely to be destitute on release, they can request Schedule 10 accommodation directly from the Home Office by completing and sending off Form 409. Those who have criminal convictions can request Schedule 10 accommodation on their Bail 401 form however, the Home Office has been known to request that a form 409 form is also completed.
People detained should be aware that their request for Schedule 10 accommodation may be interpreted by the Home Office as illustrating a lack of ties to their community, friends or family. This might conflict with the details of an Article 8 (private and family life) claim they wish to pursue. Such individuals, when making the application, may wish to write down why they cannot be accommodated elsewhere. However, they should seek legal advice on this beforehand.
Those who need accommodation should complete the relevant form and send it to Migrant Help. This can be done with assistance from more experienced visitors or your casework team if your group has one. An Immigration Officer in detention may also be able to support with completing the relevant forms. Ordinarily, applications for accommodation do not constitute legal advice. However, changes to the bail 409 form (for Schedule 10 support) mean that this now regulated (i.e. constitutes legal advice). However, caseworkers (who are not legal advisors) can still support someone to complete a bail 409 form by following this workaround from Refugee Action and Asylum Support Appeal Project (ASAP).
It is commonplace for there to be delays to release from detention due to a delay by the Home Office in finding appropriate accommodation and delays by probation services in approving proposed addresses. AVID visitor groups have reported that this is an ongoing and escalating problem, seeing increased delays and an increase of people being released into homelessness.
Accommodation issues are not an immigration matter so are not within the scope of immigration legal aid. Those who face extreme delays in getting Home Office bail accommodation should be referred to a public law solicitor, preferably one with a housing or community care contract as well. The legal advice providers operating in detention centres are not funded to pursue accommodation application delays under their immigration legal aid contracts.
Home Office accommodation is provided on a no-choice basis in any location in England or Wales.
Resource Tip
Asylum Support Appeals Project (ASAP) have a free e-learning course which includes more information on accessing asylum support and schedule 10 support. You can sign up to access the course here: https://www.asaproject.org/training/elearning
ASAP have several factsheets including on Section 95 support, Section 98 Support and Schedule 10, available here: https://www.asaproject.org/resources/library/factsheets
Resource Tip
Refugee Action and Asylum Support Appeals Project Guidance for more information on assisting people to complete and submit Bail 409 forms.
Guidance and application forms for Home Office accommodation
Home Office guidance on Immigration Bail: ttps://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1177994/Immigration_bail.pdf
Form ASF1 for asylum support: https://www.gov.uk/government/publications/application-for-asylum-support-form-asf1#full-publication-update-history
Form 409 for accommodation to avoid a breach of human rights: https://www.gov.uk/government/publications/application-for-immigration-bail-accommodation-exceptional-circumstances-article-3-echr-bail-409-form
Local Authority Accommodation
In certain circumstances – where an individual who is due to be released is vulnerable – the Local Authority may have a responsibility to provide accommodation under the Care Act 2014.
The process for this is set out in the Detention Service Order (DSO) for Management of Adults at Risk in Immigration Detention which states that the Home Office should arrange a needs assessment from the local authority prior to release.
The Modern Slavery Victim Care Contract (MSVCC) Accommodation
MSVCC provides potential and confirmed 'victims' secure and appropriate accommodation where necessary. This can be obtained through the Salvation Army by making a referral who will then conduct a risk assessment.
NGO and Charity Sector Accommodation
It may be possible to refer people to local charity providers for accommodation. The referral pathway and criteria for these options will depend on the provider.
The No Accommodation Network (NACCOM) is a national network of charities supporting people refused asylum out of destitution and homelessness. Many of their members provide accommodation. You can find a list of their members here.
Applications for Home Office accommodation with an offending history
It is much more complicated for the Home Office to place people in detention who have a past criminal record or who have been detained after their prison sentence in accommodation around the UK intended primarily for asylum seekers. For such individuals, applications for Home Office accommodation can take months or even more than a year. Legal challenges to the delay in providing accommodation have been successful [1] but this has not prevented further delays in other applications.
If the person you visit is experiencing delays of more than a couple of months in getting a bail address to enable them to apply for release they may wish to speak to Bail for Immigration Detainees about specialist legal work on their behalf, or a public law solicitor.
Bail addresses: still on licence when applying for immigration bail
Any person in detention who is still within the period of their HMPPS release licence after serving a custodial sentence needs to get their proposed bail address approved by their probation officer. This applies both to private addresses and to Home Office bail accommodation. Getting probation approval may take some weeks.
Immigration judges can choose not to grant bail to an address that is not approved by probation, as this would put the individual in breach of their HMPPS (Her Majesty’s Prison and Probation Service) licence and risk recall to prison. However, judges can still grant bail on the assumption that an address will be approved and order immediate release. The individual will need to consider their options before agreeing to be released in these circumstances as they could risk being in breach of their licence. They should, in all circumstances, communicate frequently and clearly with their Probation Officer about their circumstances and options to avoid enforcement action for breaching their licence.
A small proportion of people still on licence are required, as a condition of their licence, to live in HMPPS Approved Premises if they are not in custody. If this is the case, they should seek legal advice in order to minimise delays. They can also contact their Probation Officer to ensure that an Approved Premises is found in time before their bail hearing or after a grant of bail in principle.
The Community Accommodation Service (CAS), is a contracted service which provides short-term accommodation for those who have no suitable accommodation and may otherwise be held in custody.
CAS-1 provides intensively supervised accommodation in approved premises for those who present high risk of harm.
CAS-2 provides housing for people who do not have a suitable address for the term of their licence or Bail Order.
CAS-3 provides temporary accommodation for up to 84 days for individuals released from prison, or individuals who are now in a detention centre, and are at risk of homelessness.
Resource Tip
Bail for Immigration Detainees has a range of factsheets on this and other issues, you can find out more at their website www.biduk.org including Getting probation approval for your immigration bail address (private address) and Information for immigration detainees held in prisons.
Summary Table
Type of Accommodation
Apply Under
Status
How to Apply
Resources
Home Office
Section 95, Immigration and Asylum Act 1999
Seeking asylum, destitute
Home Office
Section 98, Immigration and Asylum Act 1999
Seeking asylum, Section 95 pending, destitute
Contact Migrant Help, 0808 8010 503
Home Office
Section 4, Immigration and Asylum Act 1999
Refused asylum seeker, appeals rights exhausted, destitute
Home Office
Schedule 10, Immigration Act 2016
At risk of destitution (not an asylum seeker or refused)
Local Authority
Care Act 2014
Vulnerable and being released from detention
Referral to the local authority for a needs assessment
The Modern Slavery Victim Care Contract (MSVCC)
Section 49 Modern Slavery Act 2015
Potential or confirmed survivors of modern slavery
Referral from Salvation Army
Salvation Army Helpline, 0800 808 3733
NGO/Charity
Depends on the provider
Depends on the provider
HMPPS Community Accommodation Service (CAS)
CAS-1, (Section 13, Offender Management Act 2007)
Served custodial sentence and present high risk of harm
Referral by probation officer
HMPPS Community Accommodation Service (CAS)
CAS-2
Served custodial sentence, less than four years, present medium/low risk and not in breach of immigration laws other than overstaying approved an period.
Referral by probation officer
HMPPS Community Accommodation Service (CAS)
CAS-3
Prison leavers at risk of homelessness (including those now in IRC)
Referral by probation officer
Private Accommodation
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