May 2005
Nargis Kayani
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When I first started writing this column I hoped to provide an insight into some of the issues that ordinary EHPs face. The last year has enabled me to gain a fresh understanding and awareness of this responsibility. Through my investigations I have also seen some of the consequences that arise when the role of the EHP is not properly recognised. A perfect example is the issue of immigration.

Immigration has been a hotly debated election issue with much of the debate disintegrating into absurd, irrational tirades. Yet despite this, there is a discussion to be had about those vicariously in control of immigration.

Recent changes to Home Office rules mean that any individual who is a non European Economic Area (EEA) or EU citizen wanting to enter the UK for work family or other reasons, for a period of more than six months, must apply for a visa or entry clearance. As part of this process all applicants must satisfy immigration authorities that should they be granted entry into the UK they will be able to support and accommodate themselves without recourse to public funds. To meet this criteria applicants must provide proof of suitable living accommodation. Traditionally, it has been the EHP's domain to inspect proposed accommodation, certifying that the property is not statutorily overcrowded and is fit for human habitation and therefore will not result in the need for public housing or homelessness applications.

The increase in demand for entry clearance inspections due to tightening of immigration rules (as more countries and categories are added to the list of those that must apply for a visa) along with conflicting priorities for resources within EH departments has meant that many councils no longer carry out these types of inspection.

Other councils take the view that the inspection of such accommodation is not a statutory function and as such it is reasonable to charge a fee. While I have a degree of sympathy for this argument, the result of this ruling has opened the floodgates for immigration advisors, surveyors, estate agents and solicitors to all assert that they can provide the necessary "EH accommodation reports".

One solicitor that I spoke to on the subject is adamant that EHPs are not needed to assess proposed accommodation for statutory overcrowding, housing conditions or fitness for human habitation and takes the view that solicitors are just as capable of making the assessment. Many estate agents quote a similar mantra and yet none of these individuals were even aware of the imminent changes proposed by the HH&SRS. In another example, a health and safety adviser advertising his services in the ethnic media openly declares that you don't need to be an EHP to satisfy Home Office officials. While his reports are all accepted, he was also unaware of the changes in the assessment of housing standards and legislation.

This is not merely a question of professional indignation. Regular readers will recall my investigation into Plab (professional linguistic assessment board) HMOs which revealed extremely high risk accommodation lacking fire safety provisions, severely overcrowded with a plethora of housing standards failures being used by overseas medical students. None of the properties had been inspected by local EH departments as part of the entry clearance process, which leads me to question: who is really in control of immigration?