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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?
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