Briefing: Deadline and digital barriers risk exposing vulnerable EU nationals to the hostile environment
A recent briefing by the EU Rights and Brexit Hub identifies how vulnerable EEA+ nationals are at a particular risk of exposure to the hostile environment and ongoing detachment from access to benefits and public services.
The briefing adopts an intentionally broad definition of the ‘vulnerable adults’ to be inclusive of anyone over the age of 18 who may need care or support to look after themselves, are victims of abuse and exploitation, or in a discriminated demographic group.
Vulnerable adults are much more likely to require or use public services. The EU Settlement Scheme (EUSS), the new post-Brexit regime for EU/EEA nationals who were resident in the UK before the transition period ended on the 31st December 2020 (and their family members), forms a barrier to accessing public services, as EEA+ nationals must submit a successful application to the scheme by the 30th June 2021 or lose lawful status in the UK. The Home Office’s own Policy Equality Statement acknowledges that the elderly and disabled persons as well as marginalised ethnic groups are more likely to fall foul of the scheme and be left without lawful status. Thereby losing their right to access the public services and support that many depend on.
The EUSS deadline
The first barrier to the EUSS is the choice to make it a constitutive scheme with a deadline to apply by (30th June 2021). This includes those who have acquired the right of permanent residence in the UK, (a status under EU law) which, despite the implication of the name, loses its ‘permanence’ at the end of the grace period. It therefore requires an EEA+ national to be aware of the scheme, their need to apply and their ability to access and navigate an online application process before the 30th of June. Vulnerable adults, especially the elderly, disabled, those with limited digital literacy or victims of abusive relationships, are likely to be overrepresented among those who will either be unaware of their need to apply, be unable to apply or require assistance to do so.
Specifically the decision to make the EUSS a pilot online-only scheme risks excluding those with limited digital literacy, visual impairment or limited access to online services.
While the Home Office has provided additional funds to support groups and local authorities to communicate the need to apply and support vulnerable groups in doing so, this has been unevenly distributed and lacks national coordination. Most of the 72 grant funded organisations focus on local populations and only nine provide specialist support to vulnerable populations and there is no evidence of a national strategy in allocating funds.
Meanwhile Local Authorities were encouraged to provide specialist support and outreach through local services and community engagement these have tended to rely on individuals realising they need support and then seeking assistance rather than active identification and engagement.
This contrasts heavily with the work done around vulnerable children and care leavers which has both seen attempts at national coordination and a focus on active identification and support. While this is in part due to the different legal obligations of the state towards children and adults, it demonstrates the relatively straightforward steps available to the Home Office which can help minimise the risk to vulnerable adults.
It is worth noting that, even past the barrier of applying to the EUSS, many vulnerable adults who are digitally excluded may find it difficult to prove their status when attempting to access services, as this requires navigation of an online-only system each time they seek to rent a property, access work or a new service or benefit - potentially causing them to fail status checks due to user error or other barriers to access.
Applying after the deadline.
The fact that significant numbers will miss the EUSS deadline has been recognised in principle by the government who have given assurances that they “will take a flexible and pragmatic approach” to late applications and giving examples of those who may be considered to have ‘reasonable grounds’ for a late applications including:
“...children whose parent or guardian does not apply on their behalf, those in abusive or controlling relationships who are prevented from applying or accessing the documents they need to do so, and those who lack the physical or mental capacity to apply.” (Home Secretary, Letter to the Home Affairs Select Committee, April 2020)
Nevertheless, almost a year after it was made, the Home Office has yet to issue any formal guidance to confirm this commitment or clarify how late applications will be considered generally.
Furthermore, those making late applications to the EUSS will not have lawful status in the UK until they have been granted status. This creates a legal limbo where vulnerable adults making late applications and waiting on the outcome of late, and potentially complex, applications could be denied the assistance they need. Instead this creates a cost shunt to local authorities who will have to provide the necessary support to vulnerable adults at risk of destitution or homelessness as a result of their housing or disability benefits being revoked.
What is to be done
There is a need for clarity and national coordination from the Home Office to ensure that vulnerable adults are identified and supported to apply to the EUSS and have their rights and access to welfare benefits and public services protected. Specifically the Home Office needs to:
Issue clear guidance about late applications that codifies their commitments to vulnerable groups with sufficient feed in time so that local authorities, care providers and healthcare services can develop the appropriate processes.
Conduct a review of local authorities and healthcare providers to ensure all service users that need to be registered with the EUSS have been contacted and provided sufficient information and support.
Provide a 6-month extension to the EUSS deadline for this work to be completed.
