Policy paper

Asylum accommodation support transformation: policy equality statement

Updated 8 September 2020

1. Asylum Accommodation and Support Transformation (AAST)

The AAST project was established to design, procure and implement a model for the future accommodation and support of asylum seekers who would otherwise be destitute. This model will replace the current suite of contracts and grants which are due to expire in 2019. It is essential that UK Visas and Immigration (UKVI) replace these contracts to ensure that the UK Government continues to meet its legal obligations to support both destitute asylum claimants whilst their asylum claims are being determined and failed asylum seekers who meet the requirements to be supported under the appropriate legislation.

Legislative environment

The United Kingdom has a legal obligation under the 1951 Refugee Convention, the Immigration and Asylum Act 1999, the Asylum Support Regulations 2000, the Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005 and the EC Reception Conditions Directive 2003/9/EC, to ensure that those at risk of persecution are given the protection they need and are provided accommodation and related services (transport to accommodation and to UK Visas and Immigration appointments; basic advice and signposting) to asylum seekers, failed asylum seekers, and their dependants, who would otherwise be destitute. Asylum seekers who are not destitute are required to support themselves whilst their asylum claims are processed.

Current arrangements

Accommodation and support are currently delivered to destitute asylum seekers whilst their asylum claims are processed through 6 contracts (known as the COMPASS contracts); service based regional contracts with 3 prime providers for the provision of integrated transport, accommodation and support. These contracts were awarded in 2012 and will expire in September 2019.

The scope of these contracts includes the provision of Section 98 (S98) Initial Accommodation (IA), Section 95 (S95) Dispersed Accommodation and Section 4 (S4) Accommodation (each provision named after the relevant section of the Immigration and Asylum Act 1999). S98 IA is the accommodation provided to asylum seekers when they first enter the system, whilst their applications to receive asylum support are being processed. IA generally takes the form of centralised, full board accommodation. The use of IA is advantageous at the front-end of the system, as it enables support service to be co-located with Service Users (SUs), helping SUs to prepare for their period of interaction with the asylum accommodation and support system.

SUs stay in IA whilst their support applications are processed and suitable Dispersed Accommodation (DA) is sourced, before they are transported by providers to their S95 DA in the community. SUs remain in DA whilst their asylum claims are processed (and after their claim is refused if they meet the requirements of the appropriate legislation).

Upon receiving a positive asylum decision, asylum support for SUs will discontinue after a 28-day grace period, after which time SUs will vacate the property. Granted asylum seekers are able to access the UK labour market and mainstream welfare. Refused asylum seekers will be required to return to their country of origin – the Home Office offers a number of schemes to assist failed asylum seekers (and others without status to be in the UK) return to their home country. For a proportion of asylum seekers for whom it is not yet viable to return home, support can continue to be provided under S95, or in other cases under S4 until such time as they are able to return home.

Currently, COMPASS providers deliver an integrated suite of services, incorporating IA and DA (S95 and S4), alongside transport and welfare visits.

In addition to the COMPASS contracts, UKVI has a contract to provide assistance to asylum seekers in applying for destitution support. UKVI also provide grant funding to deliver an advice and guidance service to asylum seekers as they progress through the asylum system. The extant arrangements for eligibility and advice and guidance have been made co-terminus with the COMPASS contracts in September 2019, to support coherent design activity for the wider asylum support system.

In addition to the services delivered by private and voluntary sector organisations, described above, UKVI also performs a range of in-house functions within the asylum support system. These include functions at the start of the asylum support system, such as the processing of applications for support, to determine the eligibility of asylum seekers to receive support, and the routing and allocation of supported asylum seekers to contract regions. UKVI also undertakes inspection activities, both of providers, to ensure their performance is being adequately managed and accommodation is at the requisite quality, and SUs, to ensure risks to their welfare are appropriately addressed and to detect signs of fraud, as well as contract management and payment functions.

At the end of Q1 2018, the Home Office was providing support to around 48,000 asylum seekers. This was made up of; 39,132 in S95 accommodation, 3,220 receiving S95 subsistence only (i.e. not provided with accommodation), 1,562 in S98 and 4,333 in S4 accommodation.

Project scope

As illustrated in Figure 1 below, the scope of the AAST project incorporates almost the totality of the end-to-end asylum support model, incorporating both outsourced functions, such as accommodation and support (now defined as Asylum Accommodation and Support Contracts), and in-house functions, such as compliance and inspections. The scope of the project does not include the provision of weekly support payments for essential living needs, as the reprocurement of this service is being taken forward as a separate project.

AAST project scope

The functions / processes which form part of the scope of the project are:

• process support claims – the process through which UKVI determines the eligibility of asylum seekers for support. This also includes the statutory obligation on the UK Government to provide support and guidance to asylum seekers to help them apply for asylum support, which is currently delivered through a contract with Migrant Help
• route SUs – the process by which UKVI determine where in the UK supported asylum seekers will be accommodated (at a regional level)
• transport SUs – the transportation provided to supported asylum seekers to and from their accommodation. This includes ‘trunk’ transport, in the form of longer distance movements of SUs from their point of arrival or intake, to their Initial Accommodation (IA) centre, as well as more local transport from their IA centre to their dispersed accommodation, and within the locality for medical, antenatal or other appointments etc.
• accommodate SUs – the sourcing, management and maintenance of the accommodation provided to supported asylum seekers within regions. This includes both high-volume, full board initial accommodation centres, and the dispersed accommodation located within the community
• support SUs – the support services provided to supported asylum seekers. These represent a broad suite of services, ranging from health checks and related health services provided by the NHS, to the provision of induction and orientation services to help SUs live in their communities, and regular welfare visits from providers to help protect and safeguard supported asylum seekers
• move-on SUs – the support and guidance provided to SUs to secure their transition from asylum support, once their rights to support have ceased. This includes the continuation of accommodation and support for a period of time after SUs have received their final asylum claim decision, and the signposting of services to help SUs to either access mainstream welfare or to return home
• advice and guidance – the advice and support provided to asylum seekers as they transition through the asylum process. This includes elements of face-to-face support, largely within IA centres, as well as the use of a contact centre to provide telephone-based advice and query resolution, or the signposting and referring of SUs to relevant organisations or support services
• compliance and inspections – activities to assure the behaviour and welfare of SUs, including the detection of fraud and management of anti-social behaviour, and the performance management of providers, including inspections of property to assure compliance with relevant contract standards

Through the engagement detailed in the evidence section of this statement, the AAST Project has reviewed the current arrangements and will implement the following enhancements to the current requirements.

• provision of appropriate support to help SUs to register with GP practices
• standardised orientation packs for move-in at DA
• improved data sharing between UKVI and providers, including of appropriate and necessary Service User data
• inspection regime to be informed by inspection of properties prior to service user move-in and improved management information data and trends
• providers to develop and keep up-to-date proactive property maintenance plans for all accommodation
• changes to DA inventory
• safeguarding training courses for provider staff with service user interaction
• obligations to identify and utilise safeguarding best practice
• standardised health checks for all SUs within IA
• targeted face-to-face advice and guidance for SUs at risk or with specific needs
• standardised induction service in IA; o Move on advice and guidance provided to SUs post decision
• standardisation of IA estate: gender-specific and family areas
• standardisation of IA estate: adapted single rooms for pregnant and vulnerable SUs
• no DA room sharing for pregnant or vulnerable SUs
• reduce timeframe for delivery of ASF1 eligibility forms in order to increase timeframe for sourcing DA

The delivery model remains broadly aligned to the current arrangements; the most significant change is the creation of a Single Point Of Contract (SPOC) for service user complaints, maintenance issues, feedback and requests for assistance and centralised referral function. This function is being transferred from the COMPASS providers to the AIRE provider, which will provide and independent route for raising complaints and issues and ensure greater consistency in the reporting.

2. Summary of the evidence considered in demonstrating due regard to the Public Sector Equality Duty

The Public Sector Equality Duty is set out in Section 149 of the Equality Act 2010, which requires public bodies to have due regard to the need to:

• eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The Equality Act 2010 lists ‘protected characteristics’ as follows:

• age
• disability
• gender-reassignment
• marriage and civil partnership
• maternity and pregnancy
• race (which includes colour, nationality and ethnic or national origins)
• religion or belief (which includes an absence of religious belief)
• sex
• sexual orientation

Evidence currently available

The AAST project team have sought to obtain (and then analyse) existing management information (MI) on the accommodated asylum seeker cohort (SUs). To this end, a request for information regarding the protected characteristics was sent to Performance Reporting and Analysis Unit (PRAU) within the Home Office.

At present, UKVI does not collect data which relates to the majority of the protected characteristics, and where it does, this is often not kept in a format that can easily or accurately be analysed. Of the characteristics which are routinely recorded in the case management software and which PRAU are able to accurately extract, we hold data on the age, sex, religion or belief and nationality of our customers. For family cases, we will also be able to estimate the cases where the application is linked to a dependent child.

Other characteristics may be recorded but not in a reportable format as it is not material to Service User’s eligibility for support and/or our systems do not have fixed fields for the consistent recording of such information.

Recognising the limitations of the information held regarding protected characteristics, the Project Team have undertaken a wide-ranging engagement exercise which has supported the development of the new delivery model. Engagement with stakeholders will continue during the Mobilisation and Transition phase; when the contracts are live AASC and AIRE providers will be required to attend multi-agency meetings with Local Authorities, the NHS and the Police, to protect and safeguard the welfare of SUs, which will provide a continuing source of information alongside direct feedback from SUs.

Compliance with the Equality Duty will remain under review throughout the lifetime of the AAST contracts. Under the contracts, the service providers shall be required to proactively monitor Service User experience of services and the way they are treated. The provider will be required to report the outputs to the Authority and use the data to inform Continuous Improvement, including in the management of protected characteristics.

NGO and Voluntary Sector Engagement

Since the establishment of the Asylum Accommodation and Support Transformation (AAST) project in the autumn of 2016, extensive engagement has been undertaken with NGO and Voluntary Sector organisations to feed their views into the design of the next generation of contracts.

On 20 December 2016, the AAST Engagement Team conducted a written exercise which was disseminated via the Strategic Migration Partnerships (SMPs) and members of the Asylum Accommodation Advisory Board to relevant voluntary sector organisations. The aim of this exercise was to obtain feedback from the sector to help inform the development of a new model for asylum accommodation and support.

AAST received 28 responses to the exercise, which included combined regional responses from the North-East, West Midlands, Yorkshire, Wales and the South East, and a coalition response from the Scottish Refugee Council, covering 125 national and local organisations. The AAST team collated and shared the feedback with internal teams and the Voluntary Sector in June 2017.

The AAST Engagement Team has attended the Strategic Migration Partnership Third Sector Forums across the UK to provide regular updates on project progress and timescales.

In addition to this activity, AAST facilitated and hosted several organisation specific 1-2-1s, as well as 4 sessions with 8 national organisations concerned with women and LGBT asylum seekers, discussing the varied requirements of these Service User groups and potential considerations for the team with regards to model and business requirement development. The AAST Engagement Team met and discussed requirements with, amongst others, Refugee Council, Migrant Help, HEAR, Micro Rainbow International, British Red Cross and Maternity Action.

NGO and Voluntary Sector organisations were invited to an Accommodation Market Engagement Event on 20 April 2017, and have been invited to several strategic and market engagement events including; the Strategic Stakeholder Event on 13 June 2017 and the AASC (Asylum Accommodation & Support Contracts) Supplier Engagement Event on 20 September 2017.

A Strategic Event was held on the 25 January 2018, to discuss the Advice, Issue Reporting and Eligibility (AIRE) service, and to provide opportunity for feedback. National Voluntary Sector organisations were invited to attend, and SMPs were asked to share the presentation packs with regional voluntary sector organisations within their regions after the event.

The Voluntary Sector was updated with information about AIRE design considerations and was given the opportunity engage the project team via the Strategic Migration Partnership regional meetings. The feedback received focussed on increasing the amount of support for SUs with specific needs within the asylum support system (including providing more face to face provision). This feedback has resulted on the requirement for face-to-face advice to SUs who need it, along with, inter alia, improvements in accommodation standards by standardising sex-specific areas within IA centres and requiring more of the accommodation to be adapted for use by disabled SUs, allowing providers more time to ensure that they can reflect on specific characteristics of SUs before allocating them accommodation and providing greater access to move-on support for SUs pre-and post-decision.

Evidence anticipated between now and ‘go live’

In order to enhance our understanding of our SUs a vulnerability matrix was developed and piloted. We are considering whether that pilot can be rolled out further as well as exploring other ways to develop a wider BICS approach to the identification, recording and management of vulnerability. This work, once completed, will be used to review this PES.

Engagement continues throughout the UK across all sectors including Strategic Migration Partnerships, Local Authorities, NGOs, charities and religious groups, informing partners of the changes AAST will bring about. This engagement is taking place through existing operational and project channels.

Evidence anticipated in first 6 months after ‘go live’

Part of the design of AAST includes the ability to collect further MI on SUs after the contracts ‘go-live’ in September 2019, including through the collection of Service User experience information and through the Advice, Issue Reporting and Eligibility (AIRE) service being the SPOC for all SUs and responsible for supporting SUs through the eligibility process. This will then be used to assess the impact on a wider range of characteristics, allowing us to make further adjustments as necessary.

A review of the equalities impact will take place approximately 6 months after ‘go live’ and all evidence then available will be reviewed and this PES will be updated.

3A. Consideration of limb 1 of the duty: Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act

The changes brought about through the new requirements will enhance the services provided and will apply equally to all accommodated asylum seekers, including, and in some cases focusing on, those with protected characteristic. The Home Office is aware of the need to ensure it and its providers avoid any possible unlawful discrimination. As a result, the contracts require providers to respond appropriately to the Service User’s needs to ensure safety and wellbeing, where they believe, or have reasonable grounds to suspect, that a Service User may be at risk or have specific needs, including any protected characteristic they may have. The provider’s programme for all staff learning will include training on equality and diversity. The contract also includes a requirement for providers to send all staff who have direct contact with SUs on safeguarding training, and providers will be required to identify and utilise best practice safeguarding procedures to ensure that no Service User is unlawful discriminated against. In addition, the project is hosting a number of workshops and is developing training material to ensure Home Office staff possess up to date skills in this area.

Provision is made within the contract which allows for individual circumstances to be considered on a case by case basis when allocating accommodation.

3B. Consideration of limb 2: Advance equality of opportunity between people who share a protected characteristic and people who do not share it

This limb of the duty does not have to be considered in relation to immigration and nationality functions in respect of race (excluding colour), religion or belief and age. The functions discharged through these contracts will be immigration functions, and the Minister is, therefore, not under a duty to consider this limb with regards to these characteristics.

Having due regard to the need to advance equality of opportunity involves considering the need to:

• remove or minimise disadvantages suffered by people due to their protected characteristics
• meet the needs of people with protected characteristics; and
• encourage people with protected characteristics to participate in public life or in other activities where their participation is low

The Home Office gives all SUs a Point of Claim leaflet, translated into 15 different languages which provides information about the asylum process, support services and the mechanisms for raising issues. Further Information for asylum seekers is also available on the gov.uk website, including where to go to get help in the event of issues with the services provided or if the individual has been threatened or harmed during their stay. The AIRE provider will provide this information to any asylum seekers who cannot access the internet. In addition the Home Office publishes its Asylum Instructions relating to the provision and operation of support services on the gov.uk website. These include but are not limited to:

• healthcare and pregnancy
• asylum seekers with care needs
• asylum support instructions
• domestic violence policy for women in supported accommodation

3C. Consideration of limb 3: Foster good relations between persons who share a relevant protected characteristic and persons who do not share it

The duty is to have due regard to the need to foster good relations between people with different protected characteristics. The Equality Act specifies that this includes:

• tackling prejudice
• promoting understanding.

The AASC and AIRE contracts will build on the provisions in the existing contracts and it is anticipated that they will have a neutral effect on fostering good relations between persons who share a relevant protected characteristic and persons who do not share it.

The Contracts have information on procedural fairness and note that the principles of procedural fairness are to be embedded and reflected in interactions with SUs and staff, and in associated policies, procedures, guidance and training. The Home Office reserves the right, as part of its contract management activities, to ask the provider to evidence how the principles of procedural fairness have been reflected in the provider’s operational activities and practices, and what measures they have taken to ensure that provider staff are aware of, and act in accordance with, the principles of Respect, Understanding, Neutrality and Voice.

It is anticipated that proposed changes will benefit all accommodated asylum seekers and were put in place in direct response to feedback received from asylum seekers, NGOs and others – demonstrating a willingness to listen and work together to improve conditions for those asylum seekers accommodated by providers whilst their asylum application is being considered. The Home Office and service providers will continue to engage with stakeholders and SUs to ensure that the contracts and services we provide foster a cohesive bond between the authority, provider, SUs and other interested parties. Indicative of this collaborative approach, the AASC provider will be required to share appropriate information with Local Authorities to support their planning and activities. Additionally, the new contracts will require the provider to attend multi-agency meetings to protect SUs and report on Service User experience quarterly.

During the transition period to the new contracts, the Home Office, as the Authority will lead a range of engagement events with local stakeholders to develop regional packs for the new providers to ensure material is localised. Existing engagement with Local Authorities and the Voluntary Sector will continue at a strategic level, ensuring all relevant parties are updated on progress.

The AASC and AIRE contracts establishes indicators of those that may be identified as having specific needs or as being at risk. As mentioned above, the Home Office have designed the new contracts to ensure those that work closest with the Service User are able to:

• make informed decisions regarding the Service User
• recognise the indicators of an at-risk person or those with specific needs
• respond appropriately to Service User needs, including protected characteristics

The new contracts expect all providers to be proactive in monitoring and identifying specific needs or risks, and taking appropriate measures to respond. This tailoring of service (where appropriate), under the new contracts will include the AASC provider not being permitted to accommodate SUs, identified as having specific needs or being at risk, in the same sleeping quarters as other unrelated SUs.

4. Foreseeable impacts of policy proposal on people who share protected characteristics

The feedback from the project’s engagement (outlined in section 2) has been incorporated into the design of the new services. However, there are no fundamental policy change proposals and many of the processes for SUs within the AAST suite of contracts and the delivery model, will continue to support:

• legislation, including the Immigration Asylum Act 1999, the Asylum Support Regulations 2000 and the EC Reception Conditions Directive 2003/9/EC
• asylum policy
• asylum Instructions and Guidance.

The relevant clauses (33) within the terms and conditions of the new contracts (AASC and AIRE), include references to the Equality Act 2010 and monitoring obligations.

Established monitoring mechanisms will be in place and the providers will be clear regarding their duties to all SUs; specifically, the provider and its employees must consider and understand any specific needs of the SUs in their care, this will include protected characteristics. The provider will be required to understand that some SUs will have particular characteristics and needs that require the provision of particular Accommodation or Accommodation in a specific locality, and/or the provision of transport that is suitable for their needs. Should a particular need be identified, the AASC provider will be required to demonstrate how an accommodation proposal is adapted to the Service User’s need.

The implementation of the AIRE contract will create a SPOC available for all SUs. This will also operate as a monitoring function for providers to ensure that complaints and issues are logged and acted upon. The duties of providers to all SUs, specifically in responding to complaints, maintenance issues and requests for assistance, will be clear.

Consideration the impact of changes against direct and indirect discrimination

Direct Discrimination

The asylum support provided under Section 95 is predicated on a destitution test and thereafter provided to all destitute asylum seekers and their dependants on application regardless of whether they have any of the protected characteristics, so there is no direct discrimination.

The AIRE provider will provide a SPOC to raise complaints and issues and will be required to ensure that SUs have equality of access to provider services, taking account of SUs needs, characteristics, level of agency and levels of literacy. The provider shall devise and implement strategies to ensure that SUs who are vulnerable with specific needs, or who are at risk are provided with Services in a manner appropriate to their needs, which may include face-to-face service delivery by suitably qualified personnel.

An application for further support under Section 96(2) of the 1999 Act is also open to all SUs and their dependants regardless of whether they have any of the protected characteristics. There is an equivalent provision in Regulation 9 of the Immigration and Asylum (Provision of Services or Facilities) Regulations 2007. Whether an application for further support is granted or refused, will depend solely on the evidence provided to support such applications. Again, there is no direct discrimination in this approach. Equally we have tried where possible to avoid direct identification of SUs with additional needs, recognising the uniqueness of vulnerability and a need to adapt services to the particular circumstances of each SU.

Indirect discrimination

Section 19 of the Equality 2010 Act provides that indirect discrimination does not occur if an individual with 1 or more particular characteristic, is put at a particular disadvantage, because of the application of a provision, criterion or practice, if it can be shown that the application of the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

Although not part of the changes covered by this PES, individuals accommodated under these arrangements will also receive financial subsistence payments. The level of allowance is set with reference to the amount of cash the average able-bodied person needs to meet their essential needs and those of their dependants (in general their spouse of partner and children under the age of 18, but occasionally including other members of their close family). It is possible that some asylum seekers or their dependants (including those with protected characteristics) will be able to show that the costs of meeting their needs is above the average, in such cases measures are in place to consider these and adjust the allowance accordingly (as set out in section 96 of the 1999 Act as above).

The Home Office must have due regard to “pregnancy and maternity” for the purposes of Section 149 and direct discrimination, but indirect discrimination on the basis of pregnancy and maternity is excluded by virtue of Section 19(3) of the Equality Act 2010.

As part of the current contractual governance arrangements the contracts will be closely managed to ensure that the providers deliver services to the standards specified in the contract and that equality duties and requirements are being met. This includes monitoring provider performance against a Key Performance Indicator regime and ensuring regular inspections are made of asylum accommodation to check that properties are up to the required standards. The safeguarding and protection element of the contract has been developed and improved (as detailed above) to provide equality of service. Equally with AIRE a comprehensive KPI regime will be in place, to ensure that the above statements mirror both AASC and AIRE.

The providers will be required to undertake an assessment of the experience of SUs whilst they are within their care on a quarterly basis called ‘the Service User experience survey’. The provider shall use the intelligence generated from the proactive monitoring of Service User experience, alongside information and material provided by the Authority and third-parties, to inform Continuous Improvement in service delivery, including the management of protected characteristics. This survey will provide the Authority and the provider with information to more efficiently assess indirect discrimination as we move forward.

The accommodation inspection regime will continue to include additional mechanisms to ensure that SUs are able to make their voice heard and raise a complaint. Providers will also continue to be monitored on the level of complaints and feedback they receive, and how they respond to complaints from SUs. The AIRE provider will work with UKVI and the service providers to ensure customer complaints are heard and resolved within specified timeframes.

To further monitor and evaluate possible indirect discrimination and equality impacts of service delivery and to continue to foster good relationships, the Home Office will host a number of stakeholder forums throughout the year where issues concerning supported SUs (including any protected characteristics or safeguarding issues/actions) are raised. In addition to ad hoc meetings, this engagement regime includes quarterly meetings of the Strategic Engagement Group, Asylum Support sub-group and the Equality sub-group.

All business areas in the Home Office with responsibility for carrying out immigration functions have a duty towards people in their care and to take account of equality and diversity issues. Standard business processes ensure that cases that are believed to be vulnerable and/or have specific needs are highlighted to local safeguarding co-ordinators; assessed for immediate risk and referred to local health services and/or emergency services as required. All such actions are documented and maintained on the centralised case information database.

The Home Office provides a suite of training to staff that work with vulnerable and protected groups and have coordinators in every business location who have established links to local authority and other statutory agencies. Within the terms of the AAST contracts, service providers will have a duty to train their staff on equality and diversity and to identify and respond to SUs that have specific needs or be at risks.

Any future significant changes to the provision of accommodation and transport services for asylum seekers would require reviewing the impact on our Policy, Guidance and Instructions. A full evaluation and effective commercial planning would be undertaken prior to any such changes.

Protected Characteristics

The AASC provider will allocate accommodation in compliance with the Allocation Rules, the Sharing and Relocation Rules.

The AASC contracts note that the provider is required to acknowledge that some SUs will have particular characteristics. When issuing accommodation requests, the Authority will set out any specific requirements for SUs which will need to be considered by the provider when identifying and proposing accommodation.

When allocating Accommodation to a Service User, the provider shall ensure that the allocated Accommodation is appropriate for the needs of the Service User, considering all those factors influencing the placement of SUs. The provider will be required to demonstrate how accommodation proposals are adapted to the specific needs of the SUs. This may include but will not be limited to sole occupancy accommodation, ground floor flat, placement in a particular location, a suitably adapted property. The providers will build this knowledge by working closely with local partners, including attendance at multi-agency forums.

In considering the protected characteristics of the SUs in their care, providers will continue to be contractually required to ensure that accommodation provided is equipped to be compatible with the protected characteristics of individual Service User.

Established monitoring and complaint mechanisms are in place and providers will be clear regarding their duties to all SUs, specifically that the provider and its employees must consider and understand any protected characteristics and needs of the SUs in their care.

Religion and belief

Data on the religion of supported asylum seekers is not recorded by central Home Office or current contracts.

The “opportunity to maintain interpersonal relationships and a minimum level of participation in social, cultural and religious life” is considered an essential living need. Those supported under Section 95 of the 1999 Act are typically accommodated in urban centres where churches, mosques and other religious establishments are generally in the local vicinity. Provision is made for some level of travel within cash support payments received to meet essential living needs.

The AASC provider will be required to assess the cultural compatibility of Services when allocating a Service User to a particular accommodation or locality.

The accommodation providers will be required to provide information, advice, and support that the Service User needs to allow them to reside new geographic and cultural environment in which they are being accommodated. This will include the signposting of relevant services and support available in the community, including those operated by voluntary sector and community and religious groups. The Authority will approve the use of materials prior to the commencement of services.

Age

The policy applies irrespective of age and is unlikely to have a particular impact on those of different ages. Provision is made in the new contracts to allow for individual circumstances to be considered when allocating accommodation, which includes age. The provider will continue to allocate accommodation with due regard to their responsibilities under Section 55 of the Borders, Citizenship and Immigration Act 2009. This ensures, for example, that the provider accommodates families with children of school age in dispersal accommodation which allows them easy access to school places. Baby/child-specific items - including stair gates; cots; high chairs and sterilisation equipment is required to be provided where appropriate.

Appropriate accommodation for SUs with age related impairments or health needs will be arranged on a case by case assessment basis.

Sex

Internal Home Office Management Information indicates that of all people who had a successful application for support in 2016 (both main applicants and adult and minor dependants), 65% were male and 35% were female.

Provision exists within AAST to provide female/male only accommodation. In compliance with Local Authority Licensing restrictions, Houses of Multiple Occupancy are sex-specific. Additionally, the AASC Contract notes that the provider shall not accommodate unrelated adults of the opposite sex in the same sleeping quarters. No differential impact was identified as a result of this on this protected characteristic.

Accommodation providers and their staff who have regular contact with SUs will be responsible for their safety and security and must be alert to present or emerging threats to SUs.

Gender reassignment

Provision is made within the contract to allow for individual circumstances to be considered when allocating appropriate accommodation.

The AAST accommodation contract includes provision for cases with particular characteristics and needs, such as those undergoing, or who have undergone gender reassignment.

Established monitoring and complaint mechanisms will be in place and providers roles made clear regarding their duties to all SUs, specifically that the provider and its employees must consider and understand any particular characteristics and special needs of the SUs in their care.

Sexual orientation

Provision is made within the COMPASS contract to allow for individual circumstances to be considered when allocating appropriate accommodation, this will be continued in the new AAST contracts.

Providers are clear regarding their duties to all SUs, specifically that the provider and its employees must consider and understand any particular characteristics and special needs of the SUs in their care and provide appropriate accommodation.

Accommodation Providers and their staff who have regular contact with SUs are responsible for their safety and security and must be alert to present or emerging threats to them.

Providers must manage anti-social and/or violent behaviour that occurs in its accommodation (including incidents of homophobic harassment/bullying/threats of violence towards any person in their care) informing the emergency services and appropriate statutory and designated bodies as required. The provider shall, during the normal course of its operations, liaise and co-operate with these organisations, so that the interests of the SUs are best served.

Race (including ethnic or national origins, colour or nationality)

The top 10 countries of origin of those supported under Section 95 of the 1999 Act as at the end of Q1 2018 (comprising around 60% of the supported population) were: Iraq (5013), Pakistan (4606), Iran (3829), Nigeria (3384), China (3308), Albania (3130), Afghanistan (2361), Sudan (1643), Sri Lanka (1584), and Eritrea (1153).

Established monitoring and complaint mechanisms will be in place and providers will be clear regarding their duties to all SUs, specifically that the provider and its employees must consider and understand any particular characteristics and special needs of the SUs in their care.

The AASC provider will be required to assess the cultural compatibility of Services when allocating a Service User to a particular accommodation or locality.

The accommodation providers will be required to provide information, advice, and support that the Service User needs to cope with the new geographic and cultural environment in which the Service User is being accommodated. This will include the signposting of relevant services and support available in the community, including those operated by voluntary sector and community and religious groups. The Authority will approve the use of materials prior to the commencement of services.

Disability

Asylum seekers with accommodation-related care needs that are not linked to destitution are assisted under separate statutory arrangements - the Care Act 2014 or the Children Act 1989 (or the same or equivalent legislation in Scotland, Wales and Northern Ireland), following an appropriate care assessment. In practice, therefore, asylum seekers with serious disabilities are unlikely to be impacted by the AAST contract as they are not supported under Section 95 of the 1999 Act.

AASC providers shall be required to accommodate disabled SUs that do not reach the standard of the Care Act 2014 when required. This accommodation will be required to be fit for purpose and to be used for its intended purpose by disabled SUs, in compliance with relevant legislation, including the Human Rights Act 1998 and the Equality Act 2010. The AASC contracts provides that, as a minimum, 5% of bedrooms within IA should be appropriately adapted to meet the needs of disabled SUs, including step-free access for wheelchair users or SUs with conditions which limit their mobility.

In providing DA for disabled SUs, and/or SUs with specific needs, the provider shall ensure that the Accommodation and its associated facilities are accessible by the Service User, and, where necessary, it has appropriate adaptations to enable the Service User to live independently, or in accordance with a Local Authority assessment under the Care Act 2014. In practice, any specific needs related to the group are met through arranging accommodation with specific features (e.g. ground floor accommodation because the person has limited mobility). Equally the new AIRE contracts require the provider to offer a face-to-face service for those SUs identified as being unable to access other services remotely (as discussed above).

Pregnancy and maternity

Internal Home Office Management Information indicates that during 2016, 1,523 babies were born to mothers supported under Section 95 of the 1999 Act.

Providers and Home Office staff follow guidance contained within the published Asylum Instructions relating to the provision and operation of support services.

These include but are not limited to:

• healthcare and pregnancy
• asylum seekers with care needs
• asylum support instructions
• domestic violence policy for women in supported accommodation

The asylum instructions can be found on GOV.UK.

Within this suite of instructions is (for example) guidance and recommendations from the 2010 National Institute for Health and Clinical Excellence (NICE) publication which recognises that pregnancy, birth and new motherhood has a significant impact on a woman’s physical and psychological health. This publication acknowledges the nature of that impact varies considerably between individuals and therefore no single solution is likely to be in the interests of all pregnant women. Consequently, each case must be sympathetically considered on its own merits and solutions sought in consultation with the woman.

Baby/child-specific items, including stair gates, cots, high chairs and sterilisation equipment for children under the age of 1 year is provided.

Women who are at an advanced stage of pregnancy (6 weeks or less before their estimated date of delivery (EDD)) will not be relocated until a clinician has signed off on the postnatal checks which will usually be around 6 weeks after birth, unless there have been complications. Additionally, the provider shall not accommodate pregnant SUs who are within 6 weeks of their due date in the same sleeping quarters as other SUs.

5. In light of the overall policy objective, are there any ways to avoid or mitigate any of the negative impacts that you have identified above?

The project has given full consideration to the protected characteristics:

• age
• disability
• gender reassignment
• pregnancy and maternity
• race – this includes ethnic or national origins, colour or nationality
• religion or belief – this includes lack of belief
• sex
• sexual orientation

Direct Discrimination

There is no direct discrimination identified in relation to any of the protected characteristics

Indirect discrimination

There are no indirect discriminations identified in relation to any of the protected characteristics.

6. Review date: March 2020

The Home Office’s Border, Immigration and Citizenship Systems & Europe, Policy and strategy Group (BICS & Europe, PSG) and UK Visas and Immigration (UKVI) will continue to implement and monitor the impact of the policy during the course of the contract, having particular regard to any emerging adverse impacts on the protected characteristics and how the mitigation put in place is applied in practice.

The PES is then to be reviewed 6 months after ‘go-live’ of the project, in March 2020, in order to reflect on the service offered to date, and to incorporate additional MI gathered on SUs during this period.

Following any alterations to the provision of services made as a result of this review, a further review will then take place in September 2020, following which reviews of this PES will take place on an annual basis, unless needs dictate an immediate adjustment.

SCS sign off: Sean Palmer

I have read the available evidence and I am satisfied that this demonstrates compliance, where relevant, with Section 149 of the Equality Act and that due regard has been made to the need to: eliminate unlawful discrimination; advance equality of opportunity; and foster good relations.

Directorate/Unit: Immigration and Protection

Lead contact: Ryan Outred

Date: 3 January 2019

All completed PES must be sent to the Talent & Inclusion Team

Date sent to Talent and Inclusion Team: 3 January 2019