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Added 27 May 2022

This is a model motion/resolution that can be used by Councils to express their opposition to the Government Rules, introduced in December 2020. The Rules give Home Office officials new powers to refuse or cancel a person’s leave to remain in the UK (i.e. their visa), a decision which may lead to removal from the country. These powers can be used if a person has been rough sleeping and has refused repeated offers of suitable support and engaged in persistent anti-social behaviour.

Participation by Local Authorities with this policy remains entirely optional, however in some circumstances it may be helpful to the individual concerned to provide information that shows the support offer threshold has not been reached. Regardless, in order to mitigate harm to individuals and services in their area, Local Authorities should never make proactive referrals under the new Immigration Rules and should communicate this commitment clearly. More broadly, Local Authorities should develop clear, well-communicated policies to govern their data-sharing with the Home Office - including services like the RSSS - that prioritise service user confidentiality and informed consent with the support of independent immigration advice.

This resolution can help a Local Authority take a clear position on these rules.