Executive summary

Background

Advicenow’s legal capability research shows that migrants are more vulnerable to legal problems and have less faith in the legal system than other groups. Over the past five years, we have delivered public legal education (PLE) courses for trusted intermediaries supporting migrant communities. Trusted intermediaries are organisations such as charities, community organisations and grassroots groups, which perform a vital role in helping migrants navigate their legal problems. 

We are expanding our work to support organisations that serve migrants. To guide this effort, we conducted a needs assessment to better understand both the legal challenges faced by migrant communities and the training requirements of trusted intermediaries who work alongside them, with a particular focus on housing rights.

Methodology

This needs assessment is comprised of: 

  • data from an online survey, completed by 15 frontline practitioners,
  • findings from a review of Advicenow’s training feedback over the past two years,
  • findings from qualitative interviews with three frontline practitioners who are working with migrants, and 
    a review of the existing external training provision.

Key findings

Housing-related challenges

Survey participants identified a number of common housing-related challenges faced by their service users: 

  • Securing housing emerged as one of the most common housing-related challenges, identified by 87% of respondents.
  • Homelessness assistance from local authorities was reported as a challenge by 67% of respondents, who highlighted barriers such as limited access to assessments and advice, gatekeeping practices, exclusion due to immigration status, and insufficient suitable housing options.
  • Securing private sector accommodation was identified as a challenge by 27% of respondents, who pointed to a general lack of affordable housing as well as refugee-specific barriers such as the absence of a deposit or guarantor, and experiences of discrimination.
  • Challenges for service users in understanding their rights, options and eligibility in relation to housing were reported by 20% of participants, underscoring the need for clearer guidance and support mechanisms.  

Participants highlighted challenges for particular groups including people in asylum accommodation, newly recognised refugees and people with no recourse to public funds (NRPF). 

Threats to migrants' housing security

We asked survey participants what they viewed as the biggest current or emerging threats to migrants' housing security in England. 

  •  73% of survey participants told us that the housing crisis is the biggest threat to migrants’ housing security. They highlighted a lack of suitable social housing and temporary accommodation; and lack of affordable private rental options, with several participants underscoring high rents and poor conditions in the private rental sector. 

Other areas identified as key threats to migrants’ housing security were:

  • Racism and discrimination, identified as the biggest threat by 40% of survey participants. This discrimination relates both to welfare claimants, with landlords not wanting to rent to people on benefits, and racism and discrimination specifically directed at migrants and/or racialised minorities.
  • Immigration status-related restrictions and requirements, identified as the biggest threat by 40% of survey participants. This includes exclusion from local authority and public funds due to immigration status, the enforced destitution during the asylum process, when people are prohibited from working, and the specific challenges presented by the transition to eVisas, which present challenges to proving the right to work.
  • Inadequate housing-related benefits, identified as the biggest threat by 20% of survey participants, with housing benefits failing to cover the cost of rent.
Effective approaches in supporting migrants with their housing problems

Survey participants highlighted the approaches they found most effective in enabling migrants to understand and assert their housing rights:

  • Trusted intermediaries’ support was identified by 67% of participants as an effective way to help migrants understand and access their rights. This included providing information through workshops or information sessions, and supporting service users to understand their rights through one-to-one support or mentoring. Several emphasised the importance of providing information in service users' language, and trusted, culturally competent intermediaries taking the time to explain rights at service users' pace.
  • Casework and advocacy support plays an important role, with 47% of respondents recognising it as an effective approach for client support, including signposting, referrals and collaboration with other specialist organisations.
  • Supporting clients to access legal advice was reported by 40% of survey participants , whether through referrals to solicitors, or through in-house provision. However, they also highlighted that this was limited in practice by legal aid cuts and lack of capacity.
Training needs for trusted intermediaries

Area 1: Migrant housing rights

The needs assessment indicates a need for training for trusted intermediaries around migrant housing rights, with a focus on securing housing: 

  • 87% of survey respondents identified securing housing as one of most common housing-related challenges faced by service users; and
  • 64% of requests for further training in the evaluation sample related to migrant housing rights.  

Whilst other providers do offer training around migrant housing rights, much existing provision is webinar-based or geographically restricted, and there remains a gap for free, nationally available training in this area. 

Specifically, the data indicates a need for training in the following areas:

  • Homelessness assistance from local authorities.
  • Housing rights, eligibility and options for specific groups, including people in asylum support and NRPF.

The data shows intermediaries need skills-based training as well as PLE provision, in areas such as navigating local authority gatekeeping; challenging/reviewing local authority decisions; and writing vulnerability letters. 

Area 2: Supporting migrant survivors of Domestic Violence and Abuse (DVA)

Supporting migrant survivors of DVA also emerged as a training need across data sources, yet represents an area where current training provision appears particularly limited. The qualitative data indicates that non-specialist organisations may turn away migrant survivors because they lack knowledge about support options, leaving survivors ‘stranded without any help.’ 

Specifically, the needs assessment indicates a need for training in the following areas:

  • Housing and support options for survivors of DVA with NRPF, including the Support for Migrant Victims Scheme.
  • Housing and support options for survivors of DVA in the asylum system.
  • The nature of DVA for migrant women, such as honour-based violence.

Area 3: Immigration

The data provides preliminary evidence of a need for PLE for frontline organisations which are not immigration law specialists around immigration issues, and of training on specific areas of immigration law for frontline organisations which are accredited to give immigration advice. Given the well-documented cuts to legal aid, frontline organisations are often left to fill the gaps through both legal support and legal advice (where accredited). 17% of our training evaluation feedback comments requested training around immigration issues in a range of areas including supporting people with NRPF to get status; student visas; certificate of sponsorship; and the Illegal Migration Act. 

Training needs for migrant communities 

Area 1: Migrant housing rights

The needs assessment provides evidence that migrant communities themselves require training and support around housing rights. Of those who responded to a question about training and information needs for their service users: 

  • 88% of survey participants identified a need for information/training for their service users around housing issues.
  • 80% of survey participants said migrant communities need legal information or support around securing housing, and
  • 60% said that migrants need legal information or support to understand their housing rights, options and eligibility.  

Specifically, the needs assessment indicates a need for training and support in the following areas:

  • how immigration status affects eligibility for housing,
  • housing options and the differences between social housing and the private rental sector,
  • homelessness applications,
  • how to register for and bid for social housing,
  • challenging local authority decisions,
  • how to search for and secure private rental accommodation, and
  • suitability and conditions.

Systemic issues

A number of cross-cutting systemic issues were evident across different data sources, including:

Access to justice

Survey participants highlighted the impacts of the legal aid cuts and challenges securing legal advice in practice, with existing providers often oversubscribed. A key theme was the need for better access to legal aid lawyers in both immigration and housing.

Frontline organisations under pressure

This needs assessment provides evidence that frontline organisations are under pressure due to funding cuts and rising demand. 20% of survey participants identified lack of internal capacity as a key challenge to effectively supporting migrants to access their housing rights, and qualitative data indicates that frontline organisations are having to turn people away as they are unable to meet demand. Given the lack of legal aid and specialist referral options, this needs assessment indicates that frontline organisations are often left to support migrant clients who have nowhere else to go, despite the fact that casework for this group is often particularly complex.

Inadequate support from local authorities

40% of survey participants identified local authorities as a key barrier for organisations trying to support migrants to access their housing rights, highlighting poor support, gatekeeping, and problems with language provision, communication and cultural competency. In a context of austerity and the broader housing crisis, local authorities are in a difficult position where demands for housing and other support far exceeds available resources.

Housing crisis

73% of survey participants identified the housing crisis as the biggest threat to migrants’ housing security in England. Survey comments underscored the lack of good quality, affordable housing options in a context of austerity, with migrants particularly impacted due to challenges understanding and navigating the housing system, immigration-based restrictions on eligibility and other challenges.

Immigration-based restrictions on eligibility

Entitlement to state support varies depending on immigration status, and some migrant groups, such as people with NRPF, are almost completely excluded from state housing and welfare provision. The data indicates that these restrictions also create confusion and a lack of confidence around rights and entitlements amongst migrants, frontline organisations and local authorities, creating substantial barriers for migrants to access even the support they are entitled to.

'...the most common housing challenges migrants face are being turned away by councils due to their immigration status...Many have no idea what support they're entitled to or are wrongly told they don't qualify' (survey participant).’
 

Conclusion

This needs assessment highlights gaps in training and resources for both trusted intermediaries supporting migrants and for migrant communities themselves.  

Training and resources around migrant housing rights was identified as a key area of need. This needs assessment shows that migrants face complex, intersecting challenges in securing and maintaining housing, exacerbated by immigration status restrictions, discrimination, and the broader housing crisis. Trusted intermediaries require targeted support to help their clients navigate these challenges effectively, with evidence of a need for both legal education and skills-based training around migrant housing rights for intermediary organisations. It indicates the need for training for intermediaries focused on housing rights, options and eligibility for specific groups, in particular people in the asylum system and people with a NRPF condition; and housing and support options for migrant survivors of DVA. The needs assessment also provides evidence that migrant communities themselves require training and support around housing rights, with a focus on securing housing. 

Finally, the needs assessment highlights broader systemic issues - in particular the crisis in legal aid provision and access to justice, frontline organisations and local authorities under pressure, and the general housing crisis, compounded by immigration-status based restrictions on eligibility. Training to support intermediaries and migrant communities to navigate the system must thus also be accompanied by policy work seeking systemic change.