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Serco asylum seeker evictions to be challenged in court
A private housing provider’s plan to evict failed asylum seekers from flats in Glasgow will be challenged in court.
Housing charity Shelter Scotland filed for legal action at Glasgow Sheriff Court to prevent two tenants being handed notices that the locks on their homes will be changed, while the Legal Services Agency did so for a third person.
Public services firm Serco is contracted by the Home Office to house people seeking refugee status in thousands of properties across Glasgow – many of which are leased from housing associations.
However, it said it is still housing 330 tenants whose claims for asylum have been rejected at its own expense and will be issuing them with eviction notices in the coming months.
A number of bodies, including Glasgow City Council, have warned that the move could leave the people affected destitute and on the streets and protests have been held against the plans.
Serco welcomed the legal challenge and that it will pause “all further lock-change notices to other asylum seekers” while court action is ongoing.
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The company had previously planned to issue up to 10 notices a week for the next four weeks.
Meanwhile, Parkhead Housing Association has written to Serco to warn that under the lease agreement on flats used to house asylum seekers, the locks cannot be changed without the association’s permission.
The 1,600-home landlord has one flat which is leased by Serco and whose inhabitants could face eviction.
Graeme Brown, director of Shelter Scotland, said: “This opportunity to potentially secure a delay to the lock changes has arisen following a welcome and encouraging community effort from the many agencies and activists involved in opposing this situation in recent days, highlighting the unacceptable injustice this situation represents.
“Shelter Scotland utterly condemns the decision by Serco to force from their homes individuals and families that have arrived in the city seeking asylum.
“We want the Home Office and Serco to stop this deplorable and inhuman course of action.”
In a statement, Serco said: “We unreservedly welcome such a legal challenge, as it will enable all parties to clarify an area of Scottish law which has so far been untested; this [is] where tenancies/rights of occupation provided under Part VI of the Immigration and Asylum Act 1999 are specifically excluded from the protections of section 23 of the Rent (Scotland) Act 1984.
“This should mean that all parties will get clarity as to how the law will apply to people who refuse to move on from the free accommodation provided to them while their claims for asylum are being adjudicated.
“We have strong legal advice that our approach is fully within the law, but we think it would be helpful for all interested parties to have the courts confirm the position.”
Refugee homelessness charity and campaign group Positive Action in Housing called on Glasgow housing associations to “flip” tenancies on flats being leased to Serco to become temporary social housing tenancies, meaning those faced with eviction can stay while they seek alternative accommodation.
Parkhead said it will attempt to rehouse people evicted by Serco and that it does not believe this would be acting illegally.
James Strang, chief executive of Parkhead and vice-president of the Chartered Institute of Housing, said: “It’s quite clear that the asylum system just isn’t working. I would be calling for the government to start to review how it treats these human beings and I think the housing sector would be very keen to be part of the debate about how we deal with asylum seekers.”
Robina Qureshi, director of Positive Action in Housing, said: “Glasgow’s big players in the Glasgow social housing movement, Parkhead HA, Queens Cross HA, Maryhill [Housing] and NG Homes, have all now condemned Serco and are making moves to derail Serco abandonment of vulnerable people.
“We expect more housing associations to follow from Monday onwards when the first Serco eviction notices are executed. This should derail Serco’s plan to put people onto the street and should give us time to help those who fall through the net.”
Caroline Nokes, immigration minister, said: “I am pleased to hear that Serco have listened to concerns raised and hope this allows us to move forward constructively.”
