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Lock changes for Glasgow asylum seekers ruled lawful
Plans by outsourcer Serco to evict hundreds of asylum seekers in Glasgow have been ruled lawful.
After a legal battle between two asylum seekers on one side, and Serco and the Home Office on the other side, Lord Tyre, the judge ruling on the case, issued an opinion that the evictions would be legal.
Serco was criticised by housing associations in Glasgow last summer when it proposed to change locks on 329 asylum seekers whose attempts to claim refugee status had been unsuccessful.
Its plans were also opposed by Glasgow City Council, which warned that they could leave people destitute and on the streets.
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Serco paused these plans when housing charity Shelter Scotland filed for legal action at Glasgow Sheriff Court to prevent the evictions.
The asylum seekers argued that Serco was not legally allowed to evict them without obtaining a court order. Lord Tyre, however, ruled that this does not apply to asylum seekers because they can appeal to an immigration tribunal against a decision to terminate their accommodation.
Campaigners fear that this opens up asylum seekers in general to summary evictions without court orders.
Graham O’Neill, policy officer at the Scottish Refugee Council, said: “People in Scotland are protected from summary eviction and immediate homelessness under mainstream Scots housing law. But today’s ruling states that a whole group of men and women are outside this protection, denying them the same rights as everyone else in Scotland.
“There are serious questions to be asked about Westminster legislation that predates devolution superseding Scottish legislation in this way, and we urge the Scottish Parliament to consider this as a matter of urgency.”
Zhan McIntyre, policy lead at the Scottish Federation of Housing Associations, said the decision was “disappointing” but added: “I am confident that housing associations will once again act with integrity and compassion to do what they can to protect the rights of vulnerable asylum seekers and refugees in Glasgow.”
Robina Qureshi, director of Positive Action in Housing, said: “We hoped the Court of Session would put a stop to summary evictions of vulnerable people without court orders. Lock change evictions without court orders look to be the norm in Glasgow for the next 10 years, which of course is in keeping with the UK government’s Hostile Environment policy.
“A humanitarian crisis in the city looks set to follow and we will see hundreds more people being left destitute in Glasgow each year of the next 10-year contract.”
Serco’s contract to provide housing for asylum seekers in Scotland ends in September, at which point Mears will take over.
Serco, however, will expand its asylum seeker housing operation and is set to receive £1.9bn in revenue over the next 10 years after the government granted it contracts for the North West of England, the Midlands and the East of England.
A Home Office spokesperson said: “We have and will continue to work closely with local authorities and partners to ensure that those who have no right to be in the UK leave their accommodation in a safe and secure way.
“We are working with Glasgow City Council to agree and implement a support advice referral process for those at risk of potential eviction.”
Inside Housing has contacted Serco for comment.
Update: at 10.57 on 16.4.19 This story was updated to include comments from Ms McIntyre and the Home Office.
