Refugees and People Seeking Asylum
Darlington has a proud history of supporting people, especially in times of need. There are lots of different reasons why people move to Darlington, for a new job, to be closer to family or for humanitarian reasons, such as war or conflict.
What is the difference between refugees and people seeking asylum?
A refugee is someone who has been forced to flee their home due to war, violence or persecution. Refugees are recognised by the UK government as needing international protection under the Refugee Convention. Those awarded refugee status are normally granted 5 years leave to remain in the UK with the option to apply for further leave to remain afterwards and have access to a number of rights that people seeking asylum do not.
A person seeking asylum (sometimes referred to as an asylum seeker) is someone who is seeking international protection from dangers in their own country, but whose claim for refugee status has not been legally decided. The Home Office is responsible for making this decision.
Who is responsible for people seeking asylum?
Central Government, via the Home Office, is responsible for managing the dispersal, accommodation and support needs of people seeking asylum, while a decision on the asylum claim is being made.
They have no recourse to public funds which means:
- They cannot undertake any paid work.
- They cannot claim any welfare benefits.
- They cannot apply for Council housing.
- They cannot receive any services from the council except in some exceptional circumstances related to social care.
Who makes the decision if a person seeking asylum is awarded refugee status?
The UK government decides immigration status and whether or not an asylum application is accepted. This is under the control of the Home Office and the UK Visas and Immigration department, who decide who can legally reside in the UK.
Who provides accommodation to people seeking asylum?
The Home Office is responsible for procuring and managing the accommodation needs of people seeking asylum while a decision on the asylum claim is being made. People seeking asylum cannot choose where they live.
The Council is not responsible for placing or accommodating people seeking asylum and they are not eligible for council housing.
What support does the council provide for people seeking asylum?
The Home Office, and their contractor, are responsible for the support needs of those seeking asylum. The Council does not provide any support, other than in exceptional circumstances.
What happens when the Home Office makes their decision?
The Home Office will make either a “positive” or “negative” decision on a claim.
If a person receives a positive decision they will typically be granted refugee status, meaning they can remain in the UK for 5 years and can apply to stay longer.
Refugees have the same rights as UK citizens, which means:
- They can undertake paid work.
- They can claim welfare benefits.
- They can apply for Council housing.
- They can receive services from the Council.
Refugees are not given any preference for Council services because of their immigration status.
If they receive a negative decision, they have the right to appeal, otherwise the government will offer them support to return to their home country.
What support does the council provide refugees?
Within our Housing Options team we have Resettlement Officers and Refugee Support Officers, who support refugees. These posts are fully funded by Central Government. The Refugee Support Officers support refugees who are part of the government resettlement programmes such as Homes for Ukraine. Resettlement Officers support all other refugees once they have a positive decision with advice and signposting around accommodation, education, training, welfare benefits and the local community.
Does the council provide support to illegal immigrants?
People living illegally in the country do not receive housing or support from the council.
Exceptional circumstances related to Social Care
Children’s Social Care Responsibilities
Local Authorities have a statutory duty to safeguard and promote the welfare of children in their area, including refugee and asylum-seeking children, particularly those who are unaccompanied or separated from their families. This includes conducting assessments under the Children Act 1989, providing accommodation and care through fostering or residential placements, and ensuring access to education, health services, and emotional support. As part of the National Transfer Scheme (NTS), we participate in the equitable distribution of unaccompanied asylum-seeking children across the UK, ensuring that no single authority bears a disproportionate responsibility. Multi-agency safeguarding arrangements must be inclusive of children regardless of immigration status, ensuring that their rights and needs are met with compassion, cultural sensitivity, and legal compliance.
Adults’ Social Care Responsibilities
Local Authorities have a statutory duty under the Care Act 2014 to assess and, where eligible, meet the care and support needs of adults, including those who are seeking asylum. This duty applies regardless of immigration status. If an asylum seeker presents with potential care needs such as disability, mental health issues, or age-related frailty, or is subject to safeguarding concerns, the Local Authority must undertake a needs assessment and provide appropriate support if the criteria are met. This includes access to advocacy, safeguarding interventions, and personalised care planning. While some individuals may have no recourse to public funds, councils must still act where there is a statutory obligation, particularly in cases involving risk of abuse, neglect, or significant harm.
Which government refugee resettlement schemes run in Darlington?
Since 2014 as a town, we have welcomed people through the following refugee resettlement schemes:
- Homes for Ukraine.
- Afghan Resettlement Programme.
- Syrian Vulnerable Persons Resettlement Scheme.
Who funds refugee resettlement schemes?
We receive grant funding from the government to assist with supporting refugees who are part of government resettlement schemes. This funding assists with costs associated with things such as initial accommodation costs, education and training, voluntary groups and healthcare costs.
What information can you provide me about people seeking asylum or refugees in Darlington?
The Council holds very limited information about people seeking asylum in our area, and in any case, we are unable to disclose personal information. Any requests for information about people seeking asylum in Darlington should be made to the Home Office or you can find some data on the North East Migration Service webpages [external link]
In most cases, the Council does not hold separate information about services provided to refugees, as they are treated the same as UK citizens.
You can find government quarterly statistics on people coming to the UK, extensions of stay, citizenship, asylum, detentions and return on the Government website [external link]
Where can I find more information about refugees?
You can find more information from the following places:
- Refugee Council - Home - Refugee Council
- Government website - Asylum support: Overview - GOV.UK and Refugees, asylum and human rights - GOV.UK
- Refugee Action - Facts about asylum - Refugee Action and Facts about refugees - Refugee Action
- UNHCR - Refugees | UNHCR