In May 2021 the IMA received information about the way in which Newham Council had written to EU, EEA and EFTA citizens within its borough who were registered on its housing waiting list. The letter asked for evidence of Pre-Settled or Settled Status by a specified date and stated the council planned to remove citizens who did not produce evidence of status.

The letter failed to account for EU citizens who may have had pending applications to the EU Settlement Scheme (EUSS) and should therefore have had their rights protected until an outcome was reached.

The IMA was concerned about the potential for systemic issues to arise and launched a pre-inquiry investigation and engaged with the council to seek confirmation of its working practices.

Newham Council was helpful in providing information and confirmed that it would not remove any EU, EEA and EFTA citizens from the housing waiting list who have made valid in time and late applications under the EUSS, and whose applications have yet to be determined. In addition, Newham Council confirmed those citizens will remain on the housing register until their applications have been determined by appeal or administrative review in accordance with the Withdrawal Agreement and in line with guidance issued by central government.

The council also responded positively to a proposal for improvement which included an agreement to send a follow-up letter to the same group of EU, EEA & EFTA citizens on the housing list to clarify the council’s position on safeguarding their rights and apologise for any misunderstanding created by the earlier letter.

The early case resolution follows a similar intervention relating to EU citizens’ access to social housing by Pembrokeshire County Council.

The IMA will continue to monitor Newham Council’s compliance with the actions in order to ensure citizens’ rights are upheld.

Pam Everett, Director of Operational Delivery at the IMA said:

“It is encouraging that Newham Council has been so proactive in its response to proposals made by the IMA regarding this issue. “Housing support appears to be a particular area where extra care is needed to ensure citizens continue to enjoy the rights they are entitled to as part of the Withdrawal Agreement. The IMA will continue to monitor this issue closely and work with public bodies to improve awareness of their duties and make sure they are implementing citizens’ rights effectively.”

The IMA protects the rights of eligible EU and EEA EFTA citizens – those who were living in the UK and Gibraltar before 31 December 2020 and who have applied to EUSS – ensuring that they can live and work as they did before Brexit.

However, concerns remain as awareness of this update is yet to be widespread amongst public bodies and citizens. Further detail is also awaited from the Home Office around how such rights will be implemented and the IMA remains in discussion with them to monitor their plans.

The rights of late applicants to EUSS (those submitted after 30 June 2021) have been an ongoing concern of the IMA, being the subject of discussion with the Home Office for some time. The IMA welcomes the Home Office’s announcement on 6 August 2021 that the rights of late applicants and their joining family members would be upheld.

Pam Everett, IMA Director of Operational Delivery said:

“It is a reassuring first step to have confirmation from the Home Office that the rights of late applicants to the EUSS will be upheld. The focus now must be on ensuring that public bodies are aware of their duty in this respect, and that if late applicants encounter a problem, that they report their complaint to the IMA while pursuing the matter with the relevant public authority.

“This period, when awareness is likely to be low and while detail from the Home Office is missing, brings risk. Commonly it’s when there’s a lack of clarity or understanding that rights infringements will occur.”

The Home Office confirmed over 58,000 applications had been made to the EUSS following its deadline. The IMA is particularly concerned about how the situation around late applications could impact vulnerable citizens.

IMA Chief Executive, Dr Kathryn Chamberlain said:

“We know from advocacy groups and charities that there is significant potential for late applications to come from vulnerable citizens; including those who have been in care, young people and the elderly.

“Even before the EUSS deadline the IMA was aware of some local authorities warning EU citizens that they would be removed from housing waiting lists if they could not provide proof of settled status.

“So there is a real risk that vulnerable citizens’ access to essential services such as housing, benefits, and NHS care could be impacted. That’s why it’s so important that the IMA hears about such problems via its complaints portal”.