As part of the changes announced in the Restoring Order and Control statement in November 2025, the Home Office has published its proposed reforms to Asylum Support and Enforcement. We explain the proposals here. The government has launched another consultation on reforming asylum support and enforcing family returns. 

In this blog, we explain what we understand so far about the proposals and reflect on what the consultation means for our communities and how we can prepare for any potential changes. 

What is the consultation about? 

The most recent consultation is basically about enforcement. The proposals intend to make it more difficult for people who have been refused asylum to stay in the UK. There are two main focuses:

1. Changing and restricting access to support for children and families who have been refused asylum (including unaccompanied asylum seeking children)
2. Changing family removal rules to allow the use of physical force against children, including handcuffing.

What support exists now?

To explain how things might change, we need to first understand how things work now. When it comes to asylum accommodation and support, the system can already be confusing. We have produced a more detailed explanation of the current system here, and have summarised the different types of support for comparison.

If you have claimed asylum, and do not have anywhere to live or money to support yourself, the Home Office can provide “asylum support” which includes housing and/or basic living expenses. At the moment this comes under different sections of law – we will explain the main sections that might change.  

Section 95 support is available for individuals and families who have made a first claim for asylum and for families who have received asylum refusals. It can include accommodation (provided on a no choice basis, meaning you cannot choose which accommodation to live in) or be ‘subsistence-only’ (just money). Support continues automatically for children or families who are refused asylum.

• Refusals and withdrawals have a right of appeal (unless withdrawal is due to a person becoming ‘appeal rights exhausted’)

Section 98 support allows for temporary, emergency accommodation whilst section 95 applications are being processed.

• Refusals have no right of appeal. Once S98 is granted, a Section 95 application should be made.

Section 4 support is granted to adults whose asylum claims have been refused and who are considered ‘appeal rights exhausted’. There are various situations that may allow a person to receive section 4 support, including those waiting for decisions on further submissions, those who are medically unable to travel or with no ‘viable route of return’ to their country of origin.

• Refusals and withdrawals have a right of appeal

Schedule 10 support is available in exceptional circumstances to an adult on immigration bail who is unable to access support or has no immigration status in the UK. This can include people who have requested voluntary return, or who are about to leave detention.

The current laws and policies also place a duty on local authorities to provide financial assistance to children in need and their families under Section 17 of the Children Act 1989. The duty applies to any child, including children of undocumented migrants, those with no recourse to public funds, and unaccompanied asylum-seeking children. Adults with no lawful status who are assessed to have ‘eligible care needs’ can also be supported by the local authority under The Care Act 2014 if there is a barrier to return established through a human rights assessment. 

What does the Home Office want to change?

Asylum Support

For a detailed comparison of the changes, you can access ASAP’s overview here which contains a really useful table explaining the current and proposed provisions. 

Section 95 would continue to be provided to those who are waiting for a decision on their first asylum claim or first appeal against an asylum refusal. It would also be provided to people with ‘ongoing asylum claims’, including those who have made further submissions that have been outstanding for ‘some time’ (it is unclear how long this would be) or with permission for lodging Judicial Reviews against the refusal of further submissions. 

Section 4 support would no longer exist. A new type of support would be introduced under Section 95A which would only be accessible within a specified period after becoming appeal rights exhausted, currently proposed as 21 days for single people and 90 days for families. This support would be available to people who:

• Are destitute AND;
• Face a ‘genuine obstacle’ to leaving the UK – we don’t know what this will include yet.

In addition, the proposed changes would mean that children and families would be prevented from accessing support under Section 17. Instead, they could be offered support under paragraph 10A (Nationality, Immigration and Asylum Act 2002) IF:

• they have an outstanding immigration application or appeal (under Article 8 – family and private life);  
• are appeal rights exhausted and have not failed to cooperate with Home Office attempts to remove them from the UK OR; 
• the provision of support is necessary to safeguard and promote the welfare of a child in their family.

What would remain the same:

• Section 95 would still be provided for an initial claim or appeal
• Adults with care needs and no lawful status could be supported under the Care Act 2014 
• Section 17 support will continue for children and families with leave to remain but no recourse to public funds
• Section 17 support (not financial) would be provided to children with additional needs who have no immigration status
• Leaving Care provision of full support will be given to children who were looked after at least 12 weeks before turning 18 and with a pending asylum claim or leave to remain.

Enforcement

The proposals suggest the use of ‘light, proportionate physical interventions in defined scenarios to tackle non-compliance and resistance’. This means that immigration enforcement officials would be able to physically restrain or lift children, and also use handcuffs ‘where necessary’. 

The proposal discusses placement of families in ‘pre-departure accommodation’ for up to 10 days (increased from maximum 7 days). It also confirms current policies on the temporary separation of family members for the purpose of removal if a return might fail due to ‘disruptive behaviour’ and it is considered in the best interests of children to be separated to enable a family return.

What could this mean for the community? 

Remember this is not currently law. You can read about the different types of government documents and process for making a law here. 

Based on previous consultation processes, we can use the questions to see the direction of travel and think collectively about how we prepare.

The main potential risks we have identified so far are:

• An increase in homelessness and destitution which could lead to an increase in exploitation, health issues, and further difficulty resolving immigration status
• Increased costs for local authorities which could mean services are overwhelmed, ineffective and more hostile
• More pressure on local authorities and support organisations due to further complication of law and practice
• Safety risks for children or families who disengage or ‘disappear’ fearing enforcement and remain undocumented and unable to access services

Immigration raids have increased under the current government, who continue to focus on detention and enforcement. At the same time, immigration routes are narrowing, costs are rising, routes are longer and decisions are slower. All of this creates uncertainty and pushes people into insecure and potentially risky situations. We encourage you to stay prepared and informed by reading our guides on Immigration Enforcement and Detention, joining our Knowledge is Power sessions, and showing up for our communities in solidarity against the hostile environment.

Responding to the Consultation

The Family Returns consultation is open until 28th May 2026. If you want to respond to the consultation, we suggest that you consider the following helpful Guides:

• Asylum Matters/ASAP Family Returns Consultation Guide
• GMIAU’s Guide on the Family Returns Consultation
• Refugee Council’s Briefing Note for Sector Responses
• GMIAU’s Local Authority Briefing