A ‘warm welcome’ turns cold: practical advice for those being evicted from bridging accommodation

This long form article details practical information to help advise those that came to the UK under the various Afghan resettlement schemes and have been served a notice of eviction from their bridging accommodation.

The UK government introduced “Operation Warm Welcome” in 2021, to provide resettlement and support to those fleeing Afghanistan as a result of the conflict.

On 28 March 2023, the UK government announced its plans to permanently resettle and relocate applicants and stop the use of bridging accommodation.

You can find out more about this by reading the Home office press release from April 2023.

What are the resettlement schemes?

Following the conflict in Afghanistan in 2021 and the subsequent collapse of the Government, the Home Office provided special immigration routes for Afghan citizens and their family members to come to the UK. Afghan nationals and their families that worked for the UK government were offered assistance through two resettlement schemes.

Afghan Relocations and Assistance Policy (ARAP)

The Afghan Relocations and Assistance Policy (ARAP) is for Afghan citizens who worked for or with the UK Government in Afghanistan in exposed or meaningful roles. The scheme may include an offer of relocation to the UK for those deemed eligible by the Ministry of Defence and who are deemed suitable for relocation by the Home Office.

It follows the former intimidation policy (in place from 2010 to 2013), and ex-gratia scheme (in place between 2013 and 30 November 2022).

Afghan Citizens’ Resettlement Scheme (ACRS)

The UK formally opened the Afghan Citizens’ Resettlement Scheme (ACRS) on 6 January 2022.The scheme prioritises:-

• those who have assisted the UK efforts in Afghanistan and stood up for values such as democracy, women’s rights, freedom of speech, and rule of law
• vulnerable people, including women and girls at risk, and members of minority groups at risk (including ethnic and religious minorities and LGBT+)

Applicants under the schemes are granted indefinite leave to remain. People who were previously granted limited leave to remain under one of the other schemes can apply for indefinite leave.

When will the evictions take place and what support will be available?

Bridging accommodation is usually a hotel or other short term accommodation offered to Afghan nationals arriving under the various resettlement schemes when they first arrive in the UK.

Residents are being given a 3 month “notice to quit” by the Home Office, these evictions will be staggered across the UK to avoid strain on Local Authorities. The first evictions are expected to take place at the end of July 2023.

The government has stated they will provide designated housing and benefits support alongside advocacy in bridging accommodation so that those that are affected are aware of their rights to access to housing and benefits.

The government has published a factsheet on support for resettled Afghans in bridging accommodation. It states that:

• most applicants in bridging hotels will not be offered accommodation
• some applicants will receive one offer of housing only through their matching process
• other applicants can look for their own housing through the Find Your Own Accommodation Scheme

Offers of accommodation

The Home Office in partnership with DHLUC has created 2 main pathways to secure accommodation for Afghan applicants. Local Authorities were invited to apply. It is important to note that not all Local Authorities are taking part in the scheme.

The package of funding includes support to find accommodation however also covers aspects such as funding for education and community care provisions.

You can read the funding guidance in more detail.

Enhanced matching process

From 2 May 2023, in some instances, the Home Office may make an offer of accommodation through its new enhanced matching process. The offer will likely be private rented accommodation and may be in a different Local Authority area.

Applicants will only get ONE offer of settled accommodation.

Home Office funding instructions for Local Authorities provides some guidance on suitability. Offers of accommodation:-

1. meet local authority standards, and
2. will be available on arrival and/or relocation to the local authority area, and
3. are affordable and sustainable.

It may be possible to challenge the suitability of the offer of accommodation by judicial review but this will depend on the circumstances and the strength of any supporting evidence. Challenges on the basis of suitability are difficult so it best to seek advice before an applicant turns down an offer.

In the recent case of HZ & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 660 (Admin) (24 March 2023) suitability of an offer of bridging accommodation was raised on the basis of :-

• the Home Office’s failure to follow their policy and
• failure to have regard to education and employment needs

Although this case dealt with an offer of bridging accommodation and was unsuccessful, the issues raised could be useful for suitability for other offers made.

It is important that applicants speak to their Home Office liaison team before refusing any offer of accommodation as the Home Office will likely not make a further offer.

The funding guide also provides prescriptive information on what the applicants should expect in terms of support for the next 3 years. This includes information about community care and educational needs.

Find Your Own Accommodation (FYOA)

The Home Office has partnered with the Department for Levelling up, Housing and Communities (DLUHC) to provide applicants with guidance in seeking their own settled accommodation in the private rented sector through the existing Find Your Own Accommodation (FYOA) pathway. You can read the detailed guidance here.

Applicants are encouraged to find their own accommodation with the assistance of their Local Council. Councils may be able to help with costs such as:-

• initial rent and deposits
• furniture
• they may also provide ongoing resettlement support, like helping applicants find a nearby school and access to medical services

If the local authority owes a homelessness duty, they can act as a guarantor to secure private rented accommodation. In some cases, if the authority offers extra support or funds, the landlord might not ask for a guarantor.

The household should speak to the Home Office support staff at the bridging accommodation. The staff should complete an assessment to ascertain what is affordable and suitable for the household. They will assist with liaising with Local Authorities to determine what support will be provided.

It is important to note, not all Local Authorities are participating in the scheme, Home Office staff should be able to confirm to applicants which Authorities they should apply to.

Applicants are encouraged to look on websites such as Rightmove, Zoopla, OpenRent etc. Once they source accommodation, with the assistance of in-house Council officers they make an application for assistance to their local authority.

The Department for Levelling Up, Housing and Communities has produced a guide on “How to rent.”

What if applicants cannot locate a property in time?

Applicants that are unable to find accommodation within 3 months should be assisted to make a homelessness application to their local authority. This article will detail the homelessness process further along.

Home Office Guidance published in October 2022 stipulated that those that are:-

• not offered accommodation via matching,
• do not find their own accommodation through FYOA or
• are not assisted by the local authority

would be offered further bridging placements/temporary accommodation. The updated guidance however has omitted any mention of this as an option, therefore it is presumed this will no longer be available and applicants will have to make a homelessness application or risk becoming street homelessness.

Empty properties and landlords

It is not uncommon for Citizens Advice to be approached by landlords and residents in their area that may have an empty property and want to assist with the effort to resettle Afghan households.

Both the English and Welsh governments are actively seeking landlords/empty properties for Local Authorities to lease for fixed terms and rent to Afghan households.

• You can find further information for England here
• You can find further information for Wales here

Access to housing and benefits

Broadly, applicants under the resettlement schemes are given indefinite leave to remain which allows them to access homelessness assistance, housing and benefits in the UK.

If an applicant does not have indefinite leave to remain, the homelessness codes of guidance for both England and Wales were updated to reflect the position of those fleeing the Afghan conflict in 2021.

Chapter 17 of the English code of guidance stipulates these at paras 7.14(k)(l) and 7.18(h).

Chapter 7 of the Welsh code of guidance stipulates these at para 7.8(vi)

Someone with a different type of leave might also be eligible, for example, if they have been granted limited leave to remain but have a recourse to public funds or if they have refugee status.

Applicants will have a biometric residence card or permit. Some may have physical documents relating to their status. It is important to check if it stipulates “no recourse to public funds” on their evidence.

Right to rent checks

In England, private landlords are required to carry out “right to rent” checks before issuing a tenancy.

You can access detailed information on Advisernet about “immigration checks by landlords” however broadly, those under the scheme should be able to rent privately in England if they meet the above criteria.

There are no “right to rent” checks imposed in Wales.

Homelessness and Housing Assistance

Making a homelessness application

If an applicant is homeless, or likely to become homeless within the next 56 days they can make a homelessness application to their local authority.

Homelessness provisions are public funds and therefore the local authority will carry out enquiries as to whether an applicant is eligible.

The various routes to resettlement provide Afghan applicants with indefinite leave to remain and therefore the vast majority will be eligible for homelessness assistance.

• You can read more about eligibility categories in England here
• You can read more about eligibility categories in Wales here

If the applicant is threatened with homelessness, the authority must take reasonable steps to help prevent them becoming homeless. This is called the prevention duty.

If the applicant is already homeless, the authority must take reasonable steps to help them secure accommodation for at least six months. This is called the relief duty in England and the help to secure duty in Wales.

You can read about these duties on Advisernet for England and Wales.

There is no obligation on the local authority to find permanent accommodation under either of these duties but it may make an offer if it finds one or if the applicant finds one.

The local authority should complete a housing needs assessment and create a personalised housing plan to reflect the housing and support needs of the applicant.

Temporary accommodation

In both England and Wales, if a local authority has reason to believe that an applicant is:-

• eligible
• homeless; and
• in priority need

They must ensure suitable accommodation is made available for them.

Only those that appear to be in priority need will get temporary accommodation.

You can find more information about “priority need” on Advisernet for England and Wales.

Some individuals will be an “automatic priority need” these include those with dependent children or living with someone who is pregnant.

Conversely, some individuals are only considered a priority need in situations where they are vulnerable due to “some special reason.” This may be mental or physical health issues, or due to past traumatic events. In particular, note that an applicant who has fled violence or persecution in Afghanistan may be deemed vulnerable due to the traumas they have endured.

Note in Wales, anyone at risk of rough sleeping is in priority need.

If someone is not in priority need, they will still be owed the relief/help to secure duty however they will not be provided with temporary accommodation.

Use of hostels, BnB’s and hotels as temporary accommodation

The use of a hostel, BnB’s and hotels as temporary accommodation is not uncommon. Usually a pregnant applicant or children cannot be placed in a BnB for more than 6 weeks.

This however does not apply in England where the applicant has arrived in the UK in the last 2 years.

Applicants may be able to challenge the use of BnB’s, for example, if the applicant has a disability and the size, layout, or condition of the BnB is not suitable for their needs. If there are not enough cooking facilities, the cost of staying there might be too expensive. So, local authorities should try to find a better housing option before considering a BnB.

Longer term housing offers

When a local authority is deciding if it needs to provide someone with long term housing, it will check if the applicant is:-

• homeless
• eligible
• in priority need and;
• unintentionally homeless

An applicant is intentionally homeless if they have:-

• deliberately done or failed to do something,
• which has led to them losing accommodation that would otherwise have been available and reasonable to occupy

Accommodation that applicants had to flee because of war and persecution would unlikely be reasonable to continue to occupy.

If someone is being investigated as intentionally homeless, the authority will look into whether the applicant had actually lived in the accommodation they lost. If they for example refused an offer from the Home Office, that doesn’t usually mean they intended to be homeless, unless their refusal was the reason they lost their original accommodation. The authority will also check if the accommodation was reasonable for them to live in.

Note, the intentionality test does not apply in Wales to those that have dependent children, are pregnant or are care leavers.

If someone meets all the criteria for a longer term housing duty, the local authority will have a “duty to secure” accommodation. There is no time limit attached to this duty and it is not uncommon for applicants to spend extended periods of time in temporary accommodation.

The local authority will have to secure a suitable offer of long term accommodation.

Suitability of long term offers of accommodation

Factors such as size, condition, affordability will need to be considered alongside any medical, care or educational needs.

Note, in England, if someone has been in the UK for less than two years and is homeless, the local authority will not consider location when looking at suitability.

In Wales, they will consider location when looking at suitability.

• You can read in detail about suitability of accommodation at chapter 17 of the English code of guidance
• You can read in detail about suitability of accommodation at chapter 19 of the Welsh code of guidance

Applicants will only get one offer of suitable accommodation. If they are unhappy with the offer, they can request a review. It is advisable given the difficulty in challenging suitability that applicants accept the offer and request a review, this will mean if they are unsuccessful with their review they will not be at risk of becoming street homeless.

Consequences of refusal of a suitable offer

If an applicant refuses a suitable offer of accommodation and does not request a review or are unsuccessful with their review, they will not be made any further offers

If they have dependent children, they may be owed a duty by social services.

If they are vulnerable due to a mental or physical impairment, they may be owed a duty by adult social services.

Challenging a local authority decision

Most decisions made by the local authority have a statutory review right, this is an internal review that has to be requested within 21 days.

Where a local authority fails to do something, for example refusing to take an application, this is challenged by way of judicial review.

The local authority may exercise their discretion to offer an applicant temporary accommodation pending review but this is not a guarantee.

• You can find advice on Advisernet to challenge a homelessness decision in England
• You can find advice on Advisernet to challenge a homelessness decision in Wales

Application to social housing register

Someone with leave under one of the schemes is likely to be eligible for an allocation of social housing.

They can find their local authority through this search engine and apply online through their website or via post.

Each local authority has their own allocations scheme that sets out who qualifies to go onto their register and then they assess priority on the waiting list.

A lot of local authorities will have a “local residence” test, some applicants may not qualify if they apply to an area they do not have a local connection with, for example some local authorities stipulate an applicant must reside in their area for at least 2 years.

In conclusion, the following options are available for those evicted from bridging accommodation:-

• One offer of accommodation via the Home Office matching process
• Assistance through the Find Your Own Accommodation scheme
• Making a homelessness application to the Local Authority
• Referral to Children and Adult Social Services

Expert advice from the housing team

If you are an adviser and you need further advice on an individual case contact the Expert Advice Team for help. You can submit a consultancy request to the Housing Expert Advice team (this service is only available to Citizens Advice advisers).

Further resources — England & Wales

• Home Office factsheet on ARAP scheme
• Home Office factsheet on ACRS and other routes
• Welsh Government statement on Afghan nationals

This article was written by Mariam Raza, a housing expert in the Expert Advice Team at Citizens Advice.

The information in this article is correct as of the date of publication.

Unfortunately, we are unable to respond to comments left on the medium site — please contact expertadvicesupport@citizensadvice.org.uk if you wish to give feedback on an article.