Consultation Response
Asylum Accommodation Inquiry
The Home Affairs Committee is responsible for looking at the work of the Home Office and associated bodies. They asked for views on accommodation for people seeking asylum in the UK and how this is being delivered.
How are human rights involved?
The Home Office has a duty to provide accommodation to people seeking asylum in the UK who are waiting for a decision on their asylum claim and who would otherwise be destitute. As the Home Office is a public body, it has a duty to respect, protect and fulfil people’s human rights wherever possible. This includes in the provision of asylum accommodation.
Human rights that might be particularly relevant when someone is accessing (or trying to access) asylum accommodation include:
What did BIHR say?
We responded to the inquiry drawing on our experience of supporting community groups working in the asylum sector. Our response included real-life stories that reflect the experience of people living in asylum accommodation and the human rights issues that they may face.
We called on the Home Affairs Committee to highlight the need for increased understanding and awareness of the human rights of people in asylum accommodation and the Human Rights Act legal duties of those providing it – whether State services or private providers.
In particular, we recommended that the UK Government:
1. Make human rights duties explicit when commissioning asylum accommodation provision and monitor how they are being upheld.
The definition of “public bodies” under the Human Rights Act includes not just core public bodies (such as the Home Office or Social Services) but also “any person certain of whose functions are functions of a public nature”. This is what’s known as a “hybrid public body”. This means a body does not need to be a traditional public body to have legal duties under the Human Rights Act.
It’s also important to remember that core public authorities cannot “contract out of” their legal duties under the Human Rights Act. This means that when commissioning private providers to deliver asylum accommodation, the Home Office has a duty to ensure that they do so in a way that protects people’s human rights.
2. Support public body staff working in asylum accommodation to understand and fulfil their human rights duties under the Human Rights Act.
It is essential that staff are supported to understand what these duties look like in practice and how they can apply to their everyday work. We have seen how this approach helps to boost staff’s confidence when talking about human rights – particularly in complex areas such as housing. Alongside the increase in confidence, we also typically see an increase in support for the Human Rights Act following our programmes. Far from the idea that human rights are a burden, we consistently hear from public body workers across all sectors that greater understanding of their legal duties under the Human Rights Act provides clarity, improves working relationships, and enables them to advocate for and provide vital support to the people they work with.
3. Make public information on human rights in asylum accommodation available in a variety of languages and formats.
It is essential that people living in asylum accommodation are also given clear and accessible information on their rights and how to access them – including practical guidance on how to challenge rights-risking practices.
Our Work with Communities
To create our response, we drew on our work with communities working in the asylum sector as part of our UK-wide Community Programme.
Related information
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