Factsheet 18 - Asylum Support for Survivors of Domestic Abuse
This Factsheet looks at the Home Office (HO) guidance dealing with how the HO, its housing contractors and Migrant Help (MH) should react when an asylum-seeker experiences domestic abuse (DA) in the UK and needs safe housing and support. Updated 17 December 2024.
In this Factsheet
- Who does the guidance apply to?
- Definition of domestic abuse
- Women already on asylum support
- Women who need acsess to asylum support
- Acsessing refuge accommodation
- Refuge Move on
- Specialist advice
- Impact of separating from the main applicant for asylum
- Impact of separating from the main applicant for asylum support
- Right to appeal when support is refused
Our telephone advice line
The asylum support system is complex and can be difficult to navigate for those without prior experience. If you are using this factsheet and have questions relating to how the asylum support system works, it is advisable to read through the other ASAP factsheets available on our website.
If you have questions or need further information and advice after reading this Factsheet, please email our Women’s Legal Advisor (wla@asaproject.org.uk) or contact our advice line on 020 3716 0283, open Mondays, Wednesdays and Fridays from 2pm to 4pm.
Who does the guidance apply to?
The guidance can be found here. It applies to all survivors of DA who have claimed asylum. However, this Factsheet refers to women throughout, in recognition of the gendered nature of this crime and its disproportionate impact on women and girls.
The guidance is relevant to women who have an ongoing asylum claim and to those who have been refused asylum. In both cases, women will need to be eligible for asylum support in order to benefit from the provisions in the guidance. This means that they will need to be destitute and, if applying for s4 support (see Factsheet 5 and Factsheet 2), they will need to satisfy the additional eligibility criteria for that form of support.
Definition of domestic abuse
The guidance contains a definition of domestic abuse that includes, but is not limited to: any incident or pattern of incidents between two people aged 16 or over, who are personally connected, of:
- Psychological abuse
- Physical abuse
- Sexual abuse
- Financial abuse
- Emotional abuse
- Controlling behaviour
- Coercive behaviour
- Honour-based violence
- Forced marriage
- FGM
It recognises that the risk of serious harm from a perpetrator often rises at the point that a woman decides to leave an abusive situation.
The guidance also acknowledges the impact of DA on children and references the HO duty to safeguard and promote the needs of children under the Borders, Citizenship and Immigration Act 2009 s55. It specifies that any need for specialist support for children to help them recover from the impact of DA should be taken into account when the HO is considering safe accommodation options for a woman and children.
Key steps for caseworkers and all relevant parties to take are outlined in Minimum Standards for responding to domestic abuse disclosures from asylum seekers.
This Annex to the guidance outlines the minimum role and responsibilities expected of and by the HO and its subcontractors when they receive a disclosure of domestic abuse. This is a really useful advocacy tool for support workers and individuals to hold the HO and its subcontractors to the requisite standard of action and support when working with a household experiencing domestic abuse and needing safe accommodation.
The document outlines the expectations of how the conversation should be conducted including safety concerns, needs identification, risk and safeguarding assessment. It explains that the convo is led by the survivor, who should be supported to make an informed decision on what happens next.
The guidance then outlines how to pursue each of three options: staying in their accommodation, moving to new asylum support accommodation or moving to a refuge.
The document also provides a checklist of actions for accommodation providers, MH and the HO Safeguarding Hub, as well as their contact details, which can be used to check each party is taking the requisite steps to support the woman’s safety needs.
Women already on asylum support
To make a request for safe alternative accommodation for a woman currently supported, contact the relevant HO accommodation provider (Clearsprings Ready Homes, Serco and the Mears group) or MH directly at: escalations@migranthelpuk.org alongside the Home Office’s Asylum Safeguarding Hub: asylumsafeguarding@homeoffice.gov.uk
The guidance outlines important principles and actions that it expects HO caseworkers, accommodation providers and MH to consider and undertake when a woman already on support reports DA. This list includes -
- At point of disclosure, a woman is to be believed without the requirement for any corroborating evidence of DA and should be consulted on what next steps to take.
- A safe means of communicating with the woman must be agreed so that she is not put at further risk by communications being intercepted by the perpetrator.
- Accommodation providers must immediately offer safe alternative accommodation. This can be through a refuge if she wishes, or in initial accommodation (IA) as a last resort. The providers do not need to wait for the HO to approve a move into safe alternative accommodation, but will need to request funding from the HO Safeguarding Hub for a refuge space (more below).
- Under no circumstances should an accommodation provider expect a survivor to return to accommodation with the perpetrator of abuse.
- Recognition that a woman may wish to remain in her current accommodation and that the AASCs may need to re-locate the perpetrator.
- Recognition that a woman may want to remain in her current area because, for example, she has children in local schools and other support networks.
- Any alternative accommodation must be suitable for the needs of the woman and any children. This may mean that she is accommodated near to specialist services, such as IDVAs, BAME or LGBTQI+ specialist services, or a Rape Crisis centre. Her support needs and accommodation requests should be accommodated as far as possible. The Minimum standards says this should always include single-gender accommodation and may include self-contained accommodation as well.
- The guidance also states that the HO ‘may meet or contribute to the cost of other alternative accommodation, for example with friends’.
- A woman should be referred to a specialist DA service for advice and support. The HO should act on the recommendations of any specialist advisor in relation to safe accommodation options.
- MH are contractually obliged to report cases of DA to the HO asylum support team leader who will refer the case to the HO safeguarding team.
- A change in circumstances form may need to be completed to update the asylum support record, particularly of a new address
Women who need access to asylum support
If a survivor is eligible for, but not on, asylum support, it is possible to request she is provided with asylum support immediately, whether through refuge or s98/IA. We are aware that many advice workers go directly to the RIAV team (RoutingIAValidation@homeoffice.gov.uk) to request IA, copying in the Asylum Safeguarding Hub (asylumsafeguarding@homeoffice.gov.uk). Put as much detail in this email as possible. You can also contact MH for help making the application.
There are additional principles and actions that HO caseworkers must consider and undertake when a report of DA is received from a woman who is not accommodated at the time by the HO, but is eligible for asylum support. The statutory test used to determine destitution for s95 and s4 remains the same (see Factsheet 5).
For women with active asylum claims:
- Recognition that if a woman’s continued occupation of accommodation will lead to a risk of DA, that accommodation is not adequate, and the woman will normally be eligible for HO funded accommodation under pending any further enquiries regarding s95 eligibility. This can be through provision of a refuge.
- A woman should be believed at the point of disclosure and corroborating evidence of DA should not be required for support purposes.
- Recognition that once it has been established that the woman is an asylum- seeker and therefore potentially eligible for s95 support, it will usually be unnecessary to make detailed enquiries to establish destitution or require a full application for s95 support at the initial stage.
- Under no circumstances should a woman be required to provide evidence of destitution at the initial stage following a disclosure. This can be provided at a later stage.
- In addition, a woman should not be asked to seek destitution evidence from a perpetrator at any stage.
- Initial accommodation may be used ‘as a last resort in an emergency situation.’
- The woman will need to complete an ASF1 form to ensure she starts receiving subsistence payments to meet essential living needs as soon as possible, but this is not immediately required.
For women with refused asylum claims:
- A woman should be believed at the point of disclosure and she should not be asked to evidence DA at this point.
- A woman’s accommodation is not adequate if her continued occupation will lead to a risk of domestic abuse.
- The woman will need to complete an ASF1 form but this may not be immediately required in an emergency situation. To qualify for s4 support, refused asylum-seekers must be destitute and meet a narrow set of criteria. See Factsheet 2 for more information on Section 4.
- For women applying for s4 support, there is no explicit HO commitment to accommodating women in safe alternative accommodation prior to their eligibility for support being established. However, the guidance does specify that the provision of initial accommodation may be used ‘as a last resort in an emergency situation.’ This phrase suggests that the HO will offer alternative safe accommodation for women in emergency situations, i.e. fleeing domestic abuse, prior to a full assessment of s4 eligibility being established. This might be in HO initial accommodation or a refuge.
- If IA is appropriate or needed for your client’s safety, we suggest requesting s98 emergency accommodation as you would for an asylum seeker entitled to s95, escalating as necessary as a matter of safeguarding.
Accessing refuge accommodation
To secure refuge access through asylum support:
- An accommodation provider, Migrant Help (MH) or an advice agency/ supporter should support a woman to ring the National Domestic Abuse Helpline (NDAH) to discuss refuge options. Alternatively, Women’s Aid has a dedicated service for professionals that may be able to assist you with the search.
- If an available refuge space is identified and a woman chooses to access the placement, this decision should be supported by all stakeholders.
- An accommodation provider, MH, or an advice agency/supporter must put the refuge and the Home Office Asylum Safeguarding Hub in direct contact to allow for the placement to be authorised. Therefore, email the Asylum Safeguarding Hub with the subject line “Urgent: Refuge Booking Request” so it is filtered appropriately. Include as much information as possible including information on s95/4 eligibility and the details of the refuge.
If you haven’t found a space yet but are continuing to look for one, we still recommend sending the same email to the Safeguarding Hub so they can start the administrative process and are aware of the need. You can update them when a space has been found. While you continue to look for a space, apply for s98 accommodation through MH or by sending the referral form to the RIAV team, explaining the situation, to ensure the survivor has somewhere safe to stay in the interim. Copy the Safeguarding Hub into any emails.
- The Home Office Safeguarding Hub will contact the refuge and then issue a letter to them confirming that the HO will meet the cost of the refuge placement.[5] This will enable the refuge to secure the bed space.
The Home Office has agreed to fund the amount that would normally be received by a refuge through housing benefit and the utility costs that the refuge would normally collect by way of a charge to the resident. An additional contribution of up to £80 pw will be paid by the Home Office in recognition of extra costs that refuges may occur in supporting asylum seeking survivors of DA. This £80 per week can be used however the refuge thinks will best support the survivor.
- Refuge accepts terms of the letter and confirms space. The refuge sends invoices to the ARDAT team at artinvoices@homeoffice.gov.uk, and can decide how often to invoice (monthly, weekly etc.).
- Prior to relocation, ensure a safe means of exit has been planned and transport has been organised. Contact the Safeguarding Hub if you have concerns about transport to a refuge. The Home Office or accommodation provider should pay for transport and it should be arranged in a safe and appropriate manner.
The guidance outlines that because refuge locations are confidential, refuge addresses will be provided in the form of a PO Box number. The HO must accept PO Box numbers for processing purposes and record the number, as the refuge resident’s address on all relevant systems.
Refuge move-on
As long as the survivor continues to be eligible for asylum support and refuge is the most appropriate form of accommodation for them, the HO can continue to pay for the refuge space as asylum support accommodation. However, if they are ready to move on, they can be supported back into s95/s4 accommodation.
When you have a move on date:
- Notify the Asylum Safeguarding Hub with as much advance notice as possible so that appropriate accommodation can be sourced (we recommend at least 6 weeks in advance)
- Gather evidence of specific accommodation requirements
- Evidence might include: letters from medical professionals, refuge workers, other supporting professionals and/or safety specifications
- Be clear on any requirements on room sharing, accommodation type, accessibility and location
- The need to be near specialist services should be taken into account by the HO when sourcing s95 or s4 accommodation post-refuge.
- Send evidence and accommodation request to CoC@migranthelpuk, also cc Asylum Safeguarding Hub and include eviction date
- If you don’t receive a response within 1 week, contact Migrant Help escalations team
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Make it clear if that client cannot be discharged from the refuge unless you know the location is safe
Please note individuals are sometimes informed that they will be dispersed without much notice and often are not provided with the address in advance, so you may need to explain why this is not appropriate
Specialist advice
The guidance creates an obligation on the part of the HO, MH and accommodation providers to ensure women are referred to specialist advice organisations within the DA sector following a disclosure. In the event that a woman or her dependent makes a disclosure, or if DA is suspected, MH must make a referral with a woman’s informed consent, to an appropriate specialist agency. The guidance also requires MH to signpost women to specialist support and advice organisations, if they suspect DA affects a woman.
Impact of separating from the main applicant for asylum
The guidance emphasises that women should be reassured that they do not need to remain in a situation of DA for immigration purposes. The HO must reassure women that they can access free legal advice on whether to claim asylum independently from a perpetrator and that any information a woman provides as part of her asylum claim will be treated in confidence (subject to safeguarding duties). In particular, they should be reassured at the point of disclosure that a decision to make a report to the police will not adversely impact her asylum claim.
Impact of separating from the main applicant for asylum support
Women who are dependants on an alleged perpetrator’s asylum support claim should be offered safe alternative accommodation as an initial priority. They should then be supported to complete a separate s95 application for herself and any children who remain in her household. A woman should not lose her s98, s95 or s4 eligibility by leaving the perpetrator, as long as she remains a dependant on the alleged perpetrator’s asylum claim and/ or is married to the alleged perpetrator.
The HO must adjust the records of both survivor and perpetrator to prevent correspondence going to the wrong address. If there are any reporting requirements, the HO should consider altering them to reduce the risk of the survivor being tracked by the perpetrator.
Right to appeal when support is refused
To make an application for support, contact MH who can offer assistance with filling in an ASF1 application form or search for a voluntary sector organisation who might be able to help. In the event that the HO refuses an application for support, a woman will have a right of appeal to the First Tier Tribunal (Asylum Support). For more information on appeals to the Tribunal, see Factsheet 3 and Guide to Appeals.
Annex 1: Home Office pro-forma letter to refuges
