New report from Refugee Council – ‘A lot to learn: refugees, asylum seekers and post-16 learning’

Find the whole report at the Refugee Council's website

‘A lack of access to appropriate and sufficient funding and financial support proved to be a significant barrier for several of the refugees and asylum seekers interviewed.’

This newly published report by the Refugee Council discusses the experiences of post-16 learning from the perspective of refugees and asylum seekers, but also a range of learning providers in England. The research was motivated by the complexity of the system, ever-changing rules and lack of awareness of issues concerning refugees and asylum seekers, in addition to the clear role played by education in integration and wellbeing.

In relation to motivations to study and future plans, the research found that the majority wanted to study in order to become more employable, but also in order to access university. Other important motivations were gaining new skills and qualifications, being able to communicate better, making friends and fitting into their communities. It is evident that education plays a very important role in the integration and social wellbeing of those seeking protection in the UK.

Main barriers identified in accessing post-16 learning were the lack of knowledge of admission rules and lack of Information, Advice and Guidance. Generally, other issues included problems around learning providers accepting prior qualifications and the ability of applicants to prove such qualifications, the lack of passports and proving their address. Most fundamentally, asylum seekers found it difficult to prove their immigration status. These findings make it clear that the system is not sufficiently geared towards enabling those seeking protection to access education.

Besides understanding the admission rules and rights and entitlements to education, the socio-economic situation of refugees and asylum seekers was a main obstacle identified by the Refugee Council. The lack of financial resources, especially for asylum seekers, was found to be problematic in relation to travel, childcare, computer facilities and stationery. Due to the lower level of support offered to asylum-seekers, their ability and opportunity to learn is more strained. Problematically, basic needs such as food, housing and healthcare was identified by some learning providers to be of difficulty to their students and they underlined ‘how these need to be met before the education needs are addressed’. This clearly highlights the current system of financial support as inadequate in providing for the needs of those seeking protection in the UK, let alone enabling them to access higher education.

So, what can be done?

You've heard UCLU STAR and other STAR groups across the country talk about the importance of equal access to higher education for asylum seekers and those with discretionary leave to remain, but the Refugee Council's report on 16+ education in general gave us more food for thought.

This research does not deal with higher education, but ‘many of the refugees and asylum seekers we interviewed had been trying to access that sector, and were facing significant problems’ (Refugee Council 2013: 54)).

Their key recommendations centered around the need for learning providers and funding agencies to increase their understanding of the situation of those seeking protection in order to provide quality information and help them to navigate the system. Further to this, the Refugee Council called for changes at a number of levels. Legislatively, their report called for English funding policy for those in the asylum process to follow the Scottish model. They also called for alternatives to online application and registration, as this can alienate those without access to IT. The Refugee Council also called on learning providers to play a more active role in securing equal access to +16 education for those seeking protection. Critically, learning providers should support the applications for entitled funding for asylum sekers, as well as ensuring that every student (including asylum seekers) has adequate provision of IT facilities.

Who's eligible for what, when and where? The complicated funding process for post-16 learning

As mentioned previously, the rules around eligibility to study and fee remission are complex and subject to frequent change. Please find below a summary of the Skills Funding Agency’s rules which are accurate at the time of writing.

Eligible for SFA funding

Refugees and asylum seekers, learners aged 19 years or older and who meet one or more of the following criteria are considered as home students for fee purposes (i.e. not classed as overseas/international students):
• Asylum seekers who after six months are still waiting for a decision on their claim or appeal
• Asylum seekers who have been refused but are receiving support under the Immigration and Asylum Act 1999
• People granted refugee status, discretionary leave to remain, humanitarian protection or exceptional leave to remain, their spouses and dependents
• Learners granted indefinite leave to remain (settled) and who have been ordinarily resident in the UK for 3 years before the start of the course
• Learners who were granted Exceptional Leave to Remain, Discretionary leave to remain, refugee status with 5 years leave to remain or Humanitarian Protection and have applied for further leave to remain in time should be considered as having continuing leave to remain.6

Eligible for full fee remission
Those who are considered as home students for fee purposes (as described above) can get their fees paid by the SFA if they meet one or more of the criteria they state below:
• “Individuals on Job Seeker’s Allowance (JSA) or Employment and Support Allowance (ESA) in the Work Related Activity Group (WRAG) for skills training in order to help the individual into work or to remove a barrier to getting the individual into work. This includes units and awards as well as full qualifications. Where there is a joint claim, then both individuals are eligible for fee remission. Where an individual is a dependant of a claimant (but not part of a joint claim or claiming themselves), they are not automatically eligible for full fee remission but they may be eligible under other criteria.
• Learners aged 19–23 years of age studying their first full Level 2 qualification.
• Entry or Level 1 aims (excluding Basic Skills) where a Learner has an entitlement to a full Level 2 qualification, in that they must have a highest prior attainment of Level 1 or below, but need a step up from basic skills in order to progress to a full Level 2 and are aged 19–23 years of age.
• 19–24 year-old Learners studying their first full Level 3 qualification.
• 19–24 year-old Level 4 ‘jumpers’ studying their first Level 4 or above without having attained a first full Level 3 qualification.
• Learners studying English and Maths learning aims set out at Annex 2 paragraph 20. New standalone English and Maths QCF qualifications as they are approved for funding in 2012/13.
• Trade Union representatives studying Trades Union Congress (TUC) learning aims.
• An individual studying their first full Level 3 qualification who has left the British Armed Forces after completing four or more years of service or has been medically discharged, due to an injury in active service, after completing basic training.
• An individual who has not reached GCSE level C or above in English and Maths undertaking GCSE English and Maths.
• Unemployed individuals who are in receipt of a state benefit (other than JSA or ESA (WRAG)), who want to enter employment and need skills training to do so are, at the discretion of the Provider, eligible for full funding for units and other learning aims that will help the individual into work or removes a barrier to getting the individual into work.
• Classroom-based ESOL provision will only be fully funded for those who are on JSA, ESA (WRAG) or unemployed and on a state benefit, where it is identified as a barrier to employment.”

Financial support for learners
It should be noted that at the time of carrying out this research the methods of additional financial support available to learners was also in a state of flux. When the coalition government came to power, it announced the abolition of the Education Maintenance Allowance (EMA) available to 16–19 year olds in England. It has been replaced by a bursary scheme aimed at supporting vulnerable learners. Learners who are considered vulnerable, for instance those in care or care leaver and those receiving Income Support, are eligible to apply for a bursary of £1,200 a year. Learning providers will also be
able to distribute bursaries they feel need financial support to participate in learning.

Discretionary Learner Support is the state funded resource that learners over the age of 19 who are in financial hardship can access to help meet the costs associated with learning. The funds are distributed by learning providers who establish their own schemes. However, eligibility criteria set by the government excludes asylum seekers from receiving these funds.