Some adults with no recourse to public funds (NRPF) are excluded from receiving accommodation and financial support because of their immigration status. The exclusion is set out in section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002.
When an adult is in an excluded group, adult social care can only provide support where this is necessary to prevent a breach of the person's human rights. In such cases, a human rights assessment must be undertaken by the local authority.
The exclusion may apply when an adult:
An adult will not be in an excluded group if they have:
If it is assessed that an adult who has care and support needs is in an excluded group, the local authority will need to carry out a human rights assessment to establish whether the person can reasonably return to their country of origin or whether there is a legal or practical barrier preventing them from doing so.
A human rights assessment will consider:
When an adult is not in an excluded group, a human rights assessment will not usually be required.
Councils can refer to our practice guidance on undertaking human rights assessments for further guidance.
If an adult cannot reasonably be expected to leave the UK and has been assessed as having eligible care and support needs, adult social care must provide support.
Support should be reviewed regularly and the human rights assessment may be updated if the person's circumstances change, for example, following a Home Office decision on an immigration application.
If the local authority concludes that there are no legal or practical barriers preventing a person from returning to their country of origin, support may be withheld or withdrawn.
The person may instead be offered assistance to return to their country of origin.
Even when an adult is in an excluded group, adult social care can still carry out a needs assessment, for example, a Care Act assessment in England.
Councils can also provide emergency accommodation or financial support to meet urgent needs while assessments are being completed.
Councils can read our practice guidance on assessing and adults with NRPF for further guidance.
Page updated: 07 July 2026
The status of a person whose asylum or immigration claim has been refused when they have come to the end of the appeal process without success or have no further right of appeal.
A person who has made a claim to the UK government for protection (asylum) under the United Nations Refugee Convention 1951 and is waiting for a decision from the Home Office or final decision from the appeal courts (following a refusal).
A person who had leave to enter or remain in the UK for a limited period and has no current immigration permission because they either did not make an application to extend their leave before their previous leave expired, or made an application that was refused after their previous leave expired.
