Template and accompanying practice guidance to assist with the process of undertaking a human rights assessment when Schedule 3 of the Nationality, Immigration and Asylum Act 2002 applies to an adult, family, or care leaver who is receiving or applying for social services' support. When a person is ‘in breach of immigration laws’, or is in another excluded group, Schedule 3 requires the council to undertake a human rights assessment to determine whether the person is able to return to their country of origin to avoid destitution in the UK or whether there is a barrier preventing their return.
The practice guidance explains when a human rights assessment is required, how to identify a barrier to return, what to consider when there is no barrier to return, how to identify when a person may require further immigration advice, when Schedule 3 applies to European Economic Area (EEA) nationals, and what assistance can be provided following the outcome of the human rights assessment.
Download the template (word document)
Read the guidance
