Some families with no recourse to public funds (NRPF) are excluded from receiving accommodation and financial support from social care because of the parent's immigration status. The exclusion is set out in Schedule 3 of the Nationality, Immigration and Asylum Act 2002.
When a parent is in an excluded group, social care can only provide support if this is necessary to prevent a breach of the family's human rights.
The exclusion may apply when a parent:
A parent will not be in an excluded group if they have:
When a parent is in an excluded group, and the child has been assessed as in need, children’s social care must carry out a human rights assessment.
The assessment will consider whether the family can reasonably be expected to return to their country of origin to avoid destitution in the UK. This may include considering:
Councils can refer to our practice guidance on undertaking human rights assessments for further guidance.
If a child has been assessed as in need and the family cannot reasonably be expected to leave the UK, social care must provide accommodation and financial support. Support may continue while any barriers to return remain in place.
Children’s social care may review support and update the human rights assessment if the family's circumstances change, for example where a family has received a negative decision from the Home Office on an immigration application.
If social care conclude that there are no legal or practical barriers preventing the family from returning to their country of origin, support may not be provided and can be withheld or withdrawn.
In such cases, a family may instead be offered assistance to return to their country of origin.
Even when a parent is in an excluded group, children’s social care must still carry out an assessment, for example, a child in need assessment in England.
Councils can also provide emergency accommodation or financial support while assessments are being completed.
Councils can read our practice guidance on assessing and supporting children and families for further guidance.
Page updated: 03 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.
Person who is required to be resident in the UK as the primary carer of a British child or dependent adult in order to enable that child/adult to live in the UK.
