The Right to Public Funds for Children and Vulnerable Adults in Scotland
Children and vulnerable adults in households with No Recourse to Public Funds (NRPF) face significant barriers to accessing mainstream welfare benefits. However, local authorities still have a duty to safeguard their welfare by providing housing and essential support where needed.
Legal Protections for Children
Under section 22 of the Children (Scotland) Act 1995, local authorities have a duty to promote the welfare of children in need. A child is considered 'in need' if their health or development would be significantly impaired without the provision of services. This means that if a parent with NRPF cannot meet their child’s basic needs, the local authority must provide accommodation and/or financial assistance.
Importantly, this support is not classified as a 'public fund' for immigration purposes. Therefore, children in need and their families can access assistance through social services without it affecting their immigration status.
Rights of Vulnerable Adults
Vulnerable adults at risk of destitution or exploitation may be entitled to support under social care legislation. The Social Work (Scotland) Act 1968 requires local authorities to provide care and assistance to those in need, including older adults and people with disabilities.
Accessing Support from Local Authorities
Each local authority in Scotland has a social work department responsible for assessing and providing support to children and vulnerable adults. Contacting your local social work department is a crucial step in accessing the necessary assistance.
For a comprehensive list of local authority social work departments and their contact information, you can visit the Social Work Scotland website:
Additionally, the Scottish Social Services Council (SSSC) provides resources and information related to social services in Scotland:
Access to Legal Advice and Advocacy
Understanding and asserting these rights can be challenging. Families and individuals with NRPF should seek legal advice from qualified solicitors or immigration advisers registered with the Office of the Immigration Services Commissioner (OISC).
In Scotland, legal aid is available for certain immigration and asylum cases, ensuring that vulnerable individuals can access legal representation. Organisations such as Positive Action in Housing, the Scottish Refugee Council, and Citizens Advice can guide on accessing support.
Conclusion
Although NRPF imposes significant restrictions, it does not override local authorities' fundamental duty to safeguard children and vulnerable adults. Legal protections exist to ensure that no one is left without essential care and support.
If you or someone you know is affected by NRPF and struggling to access support, contact your local social work department or seek advice from a legal expert or a trusted advocacy organisation. No one should be denied their basic rights to safety, shelter, and well-being.
Social Work Scotland provides a directory with contact information for local social work departments across Scotland.
Additionally, the NRPF Network offers an overview of social services support available to families with NRPF, outlining when accommodation and financial support may be provided.
Local Authority Social Work Departments in Scotland:
Aberdeen City: https://www.aberdeencity.gov.uk/services/social-care-and-health
Aberdeenshire: https://www.aberdeenshire.gov.uk/social-care-and-health/
Angus: https://www.angus.gov.uk/social_care_and_health
Argyll and Bute: https://www.argyll-bute.gov.uk/social-care-and-health
Clackmannanshire: https://www.clacks.gov.uk/social/
Comhairle nan Eilean Siar (Western Isles): https://www.cne-siar.gov.uk/
Dumfries and Galloway: https://www.dumgal.gov.uk/article/15112/Social-care-and-health
Dundee City: https://www.dundeecity.gov.uk/service-area/health-and-social-care
East Ayrshire: https://www.east-ayrshire.gov.uk/SocialCareAndHealth/Socialcareandhealth.aspx
East Dunbartonshire: https://www.eastdunbarton.gov.uk/residents/health-social-care
East Lothian: https://www.eastlothian.gov.uk/info/210558/social_care_and_health
East Renfrewshire: https://www.eastrenfrewshire.gov.uk/social-care
Edinburgh (City of): https://www.edinburgh.gov.uk/social-care-health
Falkirk: https://www.falkirk.gov.uk/services/social-care/
Fife: https://www.fife.gov.uk/kb/docs/articles/social-care-and-health
Glasgow City: https://www.glasgow.gov.uk/index.aspx?articleid=17542
Highland: https://www.highland.gov.uk/info/1361/social_care_and_health
Inverclyde: https://www.inverclyde.gov.uk/health-and-social-care
Midlothian: https://www.midlothian.gov.uk/info/1347/social_care_and_health
Moray: https://www.moray.gov.uk/moray_standard/page_39966.html
North Ayrshire: https://www.north-ayrshire.gov.uk/residents/health-and-social-care.aspx
North Lanarkshire: https://www.northlanarkshire.gov.uk/social-care-and-health
Orkney Islands: https://www.orkney.gov.uk/Service-Directory/S/Social-Care-and-Health.htm
Perth and Kinross: https://www.pkc.gov.uk/socialcare
Renfrewshire: https://www.renfrewshire.gov.uk/article/5931/Social-care-and-health
Scottish Borders: https://www.scotborders.gov.uk/info/20054/social_care_and_health
Shetland Islands: https://www.shetland.gov.uk/social-care-health
South Ayrshire: https://www.south-ayrshire.gov.uk/social-care-and-health
South Lanarkshire: https://www.southlanarkshire.gov.uk/social-care
Stirling: https://www.stirling.gov.uk/social-care-and-health/
West Dunbartonshire: https://www.west-dunbarton.gov.uk/social-care-and-health/
West Lothian: https://www.westlothian.gov.uk/article/31730/Social-Work-and-Health
These pages contain information on how individuals with NRPF can access support and services in their respective local authority areas.
(Source: NRPF Network | Scotland)
Last updated 10 April 2025