People with social care needs
Who are they?
Local authority social services departments have a duty to provide accommodation to people with social care needs, defined as people who 'by reason of age, illness, disability or any other circumstances are in need of care and attention which is not otherwise available to them'. This includes anyone who:
- is disabled
- is elderly
- suffers from illness
- where other circumstances mean they need care - for example, this might include someone needing care because of the psychological harm of domestic violence.
Social services help
Many people with social care needs can get help from local authority housing departments if they are homeless, but social services may be useful as a safety net for those who cannot.
In some circumstances, where someone needs looking after, social services should offer people with social care needs accommodation and support if they have nowhere to live and no other resources. Generally, where people have leave to remain in the UK, they can seek help from social services. But social services often cannot provide these services to:
- people who have refugee status in another European country and not the UK
- nationals of other EEA states unless they are in the UK exercising their treaty rights (as workers, students etc)
- failed asylum seekers who do not cooperate with removal directions
- people in the UK in breach of the immigration laws who are not asylum seekers.
Help must be provided
BUT they will have to provide these services even to these people sometimes:
- accommodation and support can be offered to people until they fail to co-operate with their removal from the UK or return to 'their' EEA country under travel arrangements made by local authorities
- people exercising their 'treaty rights' as EEA nationals (as working, in self-employment, giving or receiving services) can be offered these services
- where failure to provide these services would breach a person’s human rights they should be provided. There may be a breach of someone's human rights if they are homeless and without access to food and basic hygiene facilities.
Get advice
Getting help from social services in these circumstances may be difficult and those needing it should get advice from a solicitor, advice centre or specialist organisation.
All people with social care needs can apply for accommodation from housing associations but may face problems if they cannot show how they would pay the rent.