The UK government is currently consulting with stakeholders on the implementation of significant reforms to Home Office and local authority support that have been legislated for in the Immigration Act 2016 (IA 2016). The changes are set out schedules 11 and 12 of the IA 2016 and part one of the consultation: Family Returns: Reforming Asylum Support and Enforcing Family Returns (pdf).
The government is also consulting (in part two) on the process of removing families from the UK and includes a review of when physical interventions may be used when a family is subject to an enforced return.
Changes to Home Office and local authority support
It is important that councils understand the scope and impact of the IA 2016 changes, which will:
- Withdraw Home Office support from asylum-seeking families who become appeal rights exhausted (ARE), and reduce the availability of Home Office support for asylum-seeking adults and families who are ARE and have a barrier to return
- Transfer the responsibility for supporting asylum-seeking families who become ARE from the Home Office to councils (and health and social care trusts in Northern Ireland), in what could be a significant number of cases
- Require councils in England to provide support to destitute families and some care leavers without lawful status, including those who have become ARE following an unsuccessful asylum claim, under a new legal framework set by the Home Office rather than under existing child welfare legislation, creating a two-tier support system
We have published guidance for councils setting out more information about the changes and practice implications.
Implications for councils
The transfer of responsibility for supporting asylum-seeking families who become ARE from central to local government comes at a time when councils already incur significant costs - at least £94 million in 2024-25 - as a result of supporting families, care leavers, and adults with care needs who have no recourse to public funds.
Since the IA 2016 was approved by parliament, a better-informed understanding of this specialist area of social work practice has developed. More than 80 councils now share data about the families they are supporting through NRPF Connect and the courts have provided substantial direction as to how duties under section 17 of the Children Act 1989 must be applied, as set out in our practice guidance. However, the government has provided little explanation as to why it is proceeding to enact significant changes to local authority support for families and care leavers in England, only referring to the new frameworks as a ‘new and simplified’ form of support.
Replacing a child-centred response with an assessment process focused on the parent’s immigration status puts children at risk and ignores the fact that our data consistently shows that families receiving section 17 support cannot usually be expected to return to their country of origin. In 2024-25, only 7% of families with no recourse to public funds who had their support ended left the UK, whereas 66% were granted leave to remain.
It is unclear how councils will benefit from operating a two-tier support system, with limited scope to apply their own expertise and discretion when determining eligibility under the new frameworks, despite continuing to hold all the decision-making and financial risk.
These are complex changes that the sector has not asked for, which are likely to create new challenges for councils and increase pressure on unfunded services.
What happens next
We will be responding to part one of the consultation by drawing on collective data and informed by our steering group, local government stakeholders, and the practice experience shared by councils across our network. We will also be working with local government partners to address some of the challenges that are likely to arise as a result of the changes.
The consultation ends on 28 May 2026. Parliament will need to pass regulations and make some changes to primary legislation in order for the government to implement the measures it has outlined in part one of the consultation.
This is an update of an article originally published on 26 March 2026.