Unreasonable behaviour by guests: Homes for Ukraine
Sets out the council’s responsibilities for when guests are asked to leave their accommodation due to unreasonable behaviour.
This guidance sets out how councils should respond when guests on the Homes for Ukraine (HfU) scheme are asked to leave their accommodation due to unreasonable behaviour. There is also information on what councils should do if a guest is subject to a criminal charge or conviction whilst they are in the UK.
On occasions, guests are asked to leave their accommodation due to unreasonable behaviour and may approach the councils for assistance with their rehousing.
Councils should treat these households in the same way as any other household which is homeless or at risk of homelessness and consider what duties are owed under Part 7 of the Housing Act 1996. Councils must have regard to the Homelessness Code of Guidance when exercising their homelessness functions.
Councils are reminded that applications for homelessness assistance can be made to any department of the council and expressed in any form. As long as the communication seeks accommodation or assistance in obtaining accommodation and includes details that give the housing authority reason to believe that they might be homeless or threatened with homelessness, this will constitute an application.
Councils must take reasonable steps to prevent and relieve homelessness for those who are threatened with homelessness or are already homeless and duties can be ended by facilitating a rematch, providing the accommodation is suitable, and there is a reasonable prospect of it being available for at least six months. The suitability of a guest for rematching, including past behaviour and any evident vulnerabilities should be taken into account when considering whether a rematch is a suitable option. See Chapter 14 of the Homelessness Code of Guidance for details on ending prevention and relief duties.
Some guests may be subject to a criminal charge or conviction whilst they are in the UK. Where known, this should, with the guests’ permission, be communicated to any prospective host offering a rematch.
A guest can have their permission to stay in the UK cancelled under the criminality grounds set out in Part 9.4 of the immigration rules if they get a criminal conviction, are a persistent offender or have committed a criminal offence(s) causing serious harm. Further, a guest can have their permission to stay cancelled where the Secretary of State has personally directed that they must be excluded from the UK, where their presence is deemed not conducive to the public good or where there is evidence they have been involved in a sham marriage or sham civil partnership. For more information, you should see part 9 of the immigration rules and the Appendix Ukraine. You can also find more information on reporting an immigration or border crime.
If a guest intends to leave their child
Where parents/legal guardians have applied through the main Homes for Ukraine scheme they should travel and stay with their children. Once in the UK, guests should not leave their child in the care of a sponsor (or an accompanying adult relative) for a period of 28 days or more. Guests must also not leave their child in the care of a sponsor (or an accompanying relative) for shorter periods on a regular basis.
If exceptional circumstances mean that the parent(s)/legal must leave their child in the care of a sponsor for a short period, guidance is clear that they should agree this with the sponsor and inform the council in advance so they can carry out additional sponsor suitability checks.
Where councils are notified that a child will be or is already in the UK without their parent/guardian and outside the Homes for Ukraine eligible minors scheme you should:
- flag the newly identified unaccompanied minor on Foundry
- secure parental or legal guardian consent for the sponsorship arrangements
- carry out the safeguarding and sponsorship suitability checks required by the eligible minors scheme
- confirm that the sponsor understands their role
- carry out regular welfare checks on the sponsor and child to ensure the ongoing suitability of the sponsorship arrangements
This applies in all instances where it is known or intended that the child will be without their parent(s)/legal guardian in the care of a sponsor for a period of 28 days or longer, or when the parent(s)/legal guardian intends to leave the child in the care of a sponsor for shorter periods on a regular basis.
Last updated 13 September 2023 + show all updates
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Information added advising that parents / legal guardians must not leave their children in the care of the sponsor for a prolonged time or repeatedly.
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First published.