CHARITY NUMBER: 328729 COMPANY NUMBER: 02513874
ANNUAL REPORT
ASYLUM AID protection from persecution Charity number 328729 Company number". 02513874
CONTENTS
| REFERENCE AND ADMINISTRATIVE DETAILS | 4 |
|---|---|
| INTRODUCTION TO ASYLUM AID | 5 |
| A MESSAGE FROM THE CHIEF EXECUTIVE OFFICER & DIRECTOR | 6 |
| STRUCTURE, GOVERNANCE AND MANAGEMENT | 7 |
| Asylum Aid’s Staf & Volunteers: A Community Efort | 7 |
| Management and Governance | 7 |
| A MESSAGE FROM THE CHAIR OF TRUSTEES | 8 |
| ASYLUM AID ACTIVITIES | 9 |
| FINANCIAL REVIEW | 16 |
| Financial Framework | 16 |
| Summary of Results | 16 |
| Designated casework in progress fund | 16 |
| Reserves Policy | 16 |
| Risks | 17 |
| Subsequent Events and Going Concern | 17 |
| Remuneration Policy | 17 |
| Fundraising | 18 |
| Public Beneft | 18 |
| Statement of responsibilities of the Trustees | 19 |
| INDEPENDENT EXAMINER’S REPORT TO THE TRUSTEES OF ASYLUM AID | 20 |
Asylum Aid: Annual Report, for the year ended 31 December 2021 3
REFERENCE AND ADMINISTRATIVE DETAILS
TRUSTEES
Sir Nicolas Bratza – interim Chair to December 2021 Constantine Partasides Elizabeth Anne Mottershaw – Chair (appointed January 2022) Peter Reid John Scampion Treasurer Professor Ian Watt (resigned January 2022)
CHARITY NUMBER 328729
(registered in England and Wales)
COMPANY NUMBER 02513874 (incorporated in the United Kingdom)
REGISTERED OFFICE AND OPERATIONAL ADDRESS
MANAGEMENT EXECUTIVES
Kat Hacker – Head of Asylum Aid (until November 2021) Alison Pickup – Director of Asylum Aid (from November 2021) Gareth Holmes – Fundraising and Communications Director Anne Muthee – Finance and Operations Director Kerry Smith – Chief Executive Officer
Bruges Place, 15-20 Baynes Street London NW1 0TF
INDEPENDENT EXAMINER
Sayer Vincent LLP Joanna Pittman FCA Chartered Accountants & Statutory Auditors Invicta House, 108-114 Golden Lane London EC1Y 0TL
BANKERS
Co-Operative Bank
4 Asylum Aid: Annual Report, for the year ended 31 December 2021
INTRODUCTION TO ASYLUM AID
Asylum Aid is a committed, professional and collaborative organisation dedicated to protecting people from persecution by providing legal representation and access to justice for refugees and those seeking asylum. It combines this with the role of providing welfare advice to refugees, migrants and other vulnerable members of the community.
At Asylum Aid we know that good quality legal representation is life-saving for the people we help, and that by working together we can help more people. We represent vulnerable people, particularly children, survivors of trafficking, torture and gender-based violence, and stateless people. We believe everyone deserves access to protection – and we take on the complex cases that others do not.
We take the time needed to understand the complexity of each person’s legal case. This is to ensure that clients are given the professional help they need to obtain protection. We know that, without proper legal representation, people seeking asylum can remain in a state of limbo for years, thereby adding to the pain and trauma already endured.
The organisation also works with others to change policy and practice, to ensure the safety and recovery of those who have suffered some of the worst forms of inhumanity. We share best practice through training, second tier support, and the publication of resources.
Asylum Aid: Annual Report, for the year ended 31 December 2021 5
A MESSAGE FROM THE CHIEF EXECUTIVE OFFICER & DIRECTOR
2021 was a year of consolidation for the Asylum Aid team following its re-establishment as a charity in its own right as part of the Helen Bamber Foundation group in August 2020. The focus of the charity’s work remained on providing expert legal representation in the most complex cases going through the asylum and trafficking systems.
The ongoing public health crisis as a result of the coronavirus pandemic continued to pose challenges both for the delivery of our services and for our clients, where ongoing delays in decision-making by the Home Office resulted in increased vulnerability to exploitation, abuse and re-trafficking.
At the same time the protection of refugees in the UK is under threat at a level unprecedented in Asylum Aid’s 38-year history. The proposals in this Government’s Nationality and Borders Act have been widely condemned and, when implemented in full, will do serious damage to refugee rights. The crises in Ukraine and Afghanistan demonstrate the relevance of the commitments that governments made 70 years ago to protect refugees. Yet, in the face of the reality of watching more than five million refugees (at the time of writing) from Ukraine struggle to reach shelter, this Government has driven through punitive legislation that will make it harder for those fleeing war, persecution and trafficking to attain safety. In addition, the Government’s broader constitutional change programme threatens access to justice and the effective protection of human rights.
We have the privilege of leading an organisation that is widely respected for its history of securing protection from persecution for those who need it, at a time when the need for our work is escalating. This is an exciting time of growth and development. We do not underestimate the challenges ahead but know that we face the future with determination and the support of an expert and committed team.
That team has worked extremely hard over the last 20 months to get Asylum Aid to where it now is. We want to pay particular tribute to Ian Kane, who left us in December 2021. As Legal Services Manager, Ian steered the transition from Consonant to Asylum Aid’s new home in the Helen Bamber Foundation Group. He has built an extraordinary team with a palpable sense of pride in its achievements to date and that is excited about what the future holds. He has achieved that in the midst of an unprecedented public health crisis.
The ongoing encouragement from all of our supporters and partners has also been central to our ability to reestablish Asylum Aid as a small but important part of the work we do to enable survivors to get protection from persecution. Now, it just remains for us to thank you all for the extra mile you have walked to keep this fantastic organisation going and to ensure we continue to deliver life-changing outcomes.
Kerry Smith, CEO Asylum Aid & Alison Pickup, Director of Asylum Aid
6 Asylum Aid: Annual Report, for the year ended 31 December 2021
STRUCTURE, GOVERNANCE AND MANAGEMENT
ASYLUM AID’S STAFF & VOLUNTEERS: A COMMUNITY EFFORT
Asylum Aid grew during 2021 starting with the full-time equivalent of 7.6 members of staff and ending the year with 8.4, as part of the strategy to sustainably increase impact. Our advice service continues to work with volunteers who provide interpretation services and help deliver a drop-in at a local community centre. In this period, our welfare advice service took on three new volunteers and we plan to take on more in the future.
MANAGEMENT AND GOVERNANCE
Asylum Aid is a charity in its own right that is part of the Helen Bamber Foundation Group. The day-to-day management of the charity is by a Management Group made up of the Chief Executive, Director of Asylum Aid, Director of HBF Group Fundraising and Communications, and Director of HBF Group Finance and Operations. The Helen Bamber Foundation Group Finance and Fundraising Committee is composed of Trustees of both Asylum Aid and the Helen Bamber Foundation and includes the Director of Asylum Aid. Management Team members of Asylum Aid and Helen Bamber Foundation meet at least monthly to provide financial and fundraising, safeguarding and executive oversight.
The interim chair of Asylum Aid, Sir Nicolas Bratza, oversaw the recruitment of a permanent Chair, Elizabeth Mottershaw, who took up her post in January 2022. Sir Nicolas Bratza continues to be a trustee of Asylum Aid. There are five Trustees of Asylum Aid, two of whom, including the Treasurer, also serve on the Helen Bamber Foundation Board, to ensure strong governance and joint strategic alignment. In 2021, work began on aligning the objects and articles of Asylum Aid and the Helen Bamber Foundation. This work continues in 2022 and will shortly be finalised.
New Trustees are recruited externally, and their appointment is approved by Asylum Aid’s Board of Trustees. A tailored induction follows, ensuring that each new Trustee has been briefed on Asylum Aid’s governance structure and decision-making processes, on their obligations under charity law, and on the activities of Asylum Aid and its financial performance. Trustee meetings are held every quarter.
The organisation is a charitable company limited by guarantee, incorporated on 20th June 1990 and registered as a charity on 24th July 1990.
The company was established under a memorandum of association that established the objects and powers of the charitable company and is governed under its articles of association.
All trustees give their time voluntarily and receive no benefits from the charity. Any expenses reclaimed from the charity are set out in note 6 to the accounts.
This report is for the twelve-month period from 1st January 2021 to 31st December 2021.
Asylum Aid: Annual Report, for the year ended 31 December 2021 7
A MESSAGE FROM THE CHAIR OF TRUSTEES
It has been a privilege to chair the Board of Asylum Aid over the last year as it has consolidated its position following the transition from its previous home at Consonant to re-establishing itself as a charity in its own right. The continuing impact of the coronavirus public health pandemic has provided the backdrop to that process of transition, meaning that the staff have continued to work remotely for most of the year.
I am delighted to be able to say that Asylum Aid was joined in November 2021 by our new Director, Alison Pickup. Alison came to Asylum Aid after five years as the Legal Director of the Public Law Project and with over 20 years’ experience as a refugee and migrant rights lawyer. We are confident that under Alison’s leadership, Asylum Aid will grow from strength to strength. In particular in 2022 we will develop and begin to implement a new strategic plan to increase our impact and leverage our expertise both to challenge the anti-refugee agenda of this government, and increase the ability of those seeking protection to access the quality legal representation that we know is so essential.
In particular, I wish to pay tribute to the dedication of the team in continuing to provide legal representation and support in some of the most complex cases, with impressively high rates of success, against that background. We know only too well – as some of the cases described in this report vividly illustrate – the critical difference that expert legal representation can make to survivors’ ability to secure protection.
I am delighted that Elizabeth Mottershaw was appointed as the Chair of Asylum Aid from January 2022. She takes over at an exciting time for the organisation as it develops its strategy for sustainable growth, increasing the number of survivors who are able to secure protection from persecution.
Sir Nicolas Bratza, Interim Chair, Asylum Aid
8 Asylum Aid: Annual Report, for the year ended 31 December 2021
ASYLUM AID ACTIVITIES
Asylum Aid has continued as a charity in its own right since it became a part of the Helen Bamber Foundation Group in August 2020. We have continued to focus on the most vulnerable: children, survivors of torture, trafficking and gender-based violence, and homeless people. In the period between 1st January 2021 and 31st December 2021 the team provided legal representation to 132 survivors of trafficking, torture and gender-based violence, refugees and people seeking asylum, and 23 stateless persons. Thanks to the hard work of our expert team of caseworkers, 45 of our clients were granted protection during the year, and 11 clients were recognised as victims of trafficking. The team also provided welfare advice to more than 670 individuals through the Westminster Advice Services Partnership.
The ongoing public health crisis as a result of the coronavirus pandemic continued to pose challenges, both for the delivery of our services and for our clients. For most of the year, the team continued to work predominantly from home and rose to the challenge of providing remote advice and representation to our clients, as well as support and supervision to each other. For many of our clients, their vulnerability made it necessary to meet them in person and the relationship with HBF enabled us to do this in a safe and supported way. Serious delays in Home Office decision making both on asylum claims and in response to referrals of potential victims of trafficking have left many of our clients, including children, in an uncertain limbo for increasingly long periods.
Unfortunately, 2021 continued very much in the same vein as 2020. The pandemic in particular has contributed to delays in decision-making that have often been worse for children and survivors of trafficking and have left all our clients in limbo with the risk of exploitation and mental health challenges that brings. Significant delays continue to occur in:
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y the making of initial decisions,
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y the Tribunal hearings of appeals against Home Office decisions,
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y the determinations by the National Referral Mechanism of whether the person is a victim of trafficking,
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y the making of statelessness grants, and
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y the grant to clients of their biometric residence permit once they have been given refugee status.
OUR CLIENTS – OUR GIFT OF TIME
In 2021, more than 70% of Asylum Aid’s clients were survivors of trafficking or torture and children and just under 20% were stateless. Victims of trafficking, torture and gender-based violence are frequently fearful and confused and, as a result of the trauma suffered, are unable to tell their story in a coherent and consistent way. This oftentimes has the devastating effect of not being believed by the Home Office or the Tribunals. Asylum Aid, therefore, focuses on clients who require extra support. The organisation is committed to ensuring that the necessary time is taken to build the trust of vulnerable clients, to understand and bear witness to their experience and to help them to secure the social support from partners that is critical to enable them to see their legal cases through to the end.
Asylum Aid: Annual Report, for the year ended 31 December 2021 9
A FOCUS ON THE VULNERABLE
Recognising that complex cases require time, the Asylum Aid team listens closely to every individual client, taking time to make sure we understand as much as we can of their experiences. This approach means that we have an above average success rate for our clients – giving them the best chance of securing the protection they need. At a time when the majority of decisions have been delayed, 58 international protection cases were resolved, with 45 successfully resulting in protection- an amazing 78% success rate.
SURVIVORS OF TRAFFICKING
During 2021, 23% of Asylum Aid’s clients were adult survivors of trafficking, who find it particularly difficult to find good quality legal representation. Due to a lack of knowledge and understanding of trafficking, many survivors are not identified as potential victims of trafficking, nor are they advised on the National Referral Mechanism. Many representatives do not have the expertise to support clients through both the asylum system and the National Referral Mechanism simultaneously. Delays in decision making create risks of re-trafficking as survivors are left in an uncertain limbo and in poverty for prolonged periods of time.
At Asylum Aid, we are alert to indicators of trafficking in all our cases. We take the time to work with each survivor to understand their experience of trafficking and gather the evidence needed to ensure they are recognised as such, and provided with protection. We know that obtaining recognition and legal status are vital to reduce risks of re-trafficking, and to enable recovery. We challenge delays and poor decision-making when required and ensure that our clients know how to access support for any other challenges they face day-to-day. We are committed to increasing the numbers of survivors we represent, and to working with our colleagues at the Helen Bamber Foundation, and collaboratively with others in the sector, to increase knowledge and understanding of best practice in representing survivors.
LEE’S STORY
Lee was a victim of domestic violence who had witnessed drug abuse at home. When he was a young teenager, Lee was forced to work to repay a family debt. He was kept at the work location, not paid and had no days off. He was then trafficked to the UK, and subjected to forced labour in a third country and on arrival. Lee managed to escape in the UK and claimed asylum. When he was referred to Asylum Aid, he was just 16 years old and being looked after by a local authority.
Despite clear indicators of trafficking in his account, Lee had not been identified as a child victim before he was referred to Asylum Aid. We worked hard to persuade the local authority, as a first responder, to refer Lee into the National Referral Mechanism. We made sure that Lee was referred for specialist support and therapy while he was waiting for a decision and we worked closely with his support worker to ensure that he was kept safe. We took a detailed witness statement from the client, setting out details in support of his asylum and trafficking claims, and obtained expert evidence and letters of support from his support worker. The support worker’s involvement was crucial as we had to take Lee’s witness statement during lockdown and the support worker was able to be present during our remote meetings, and to check in on him afterwards, particularly following distressing disclosures.
Despite Lee’s vulnerability, there was a delay of more than two years in obtaining a decision on his asylum claim. Asylum Aid’s lawyers had to threaten a legal challenge to the delay before a decision was taken. During this time, we kept in close contact with the client and with his support workers to keep him updated and provide reassurance. Lee was eventually granted asylum and accepted as a child victim of trafficking.
10 Asylum Aid: Annual Report, for the year ended 31 December 2021
CHILDREN
During 2021, 23% of Asylum Aid’s clients were children (many of whom were also survivors of trafficking). Unaccompanied minors frequently find it difficult to obtain good quality legal representation because their cases are often complex, many involve histories of trafficking or other trauma, and in all cases they are coping with the strain of family separation. This inevitably requires extra work and time for which payment is usually only received at the closure of their case.
Working with children has been particularly challenging over the last two years, due to increasing delays in Home Office decision-making, despite the priority supposed to be given to children’s cases. Increasing numbers of children have had their age disputed because of an unlawful Home Office policy, and lockdowns have exposed the particular challenges of providing advice and support to children remotely. Our approach is to take the necessary time that each child requires to tell their story; to work collaboratively with their support networks; and to challenge delays and poor quality decision-making by the Home Office. Our children’s solicitors are very experienced in taking a child-centred approach to children’s cases, frontloading the evidence to maximise the likelihood of an early positive decision, and ensuring that our children are supported during periods of delay.
We have also been actively involved in the Refugee and Migrant Children’s Consortium, using evidence and experience from our legal work with children to support policy work on the treatment of children in the asylum system, and speak out against proposals in the Government’s New Plan for Immigration that which will undermine the protection of children.
TONY’S STORY
Tony fled his country with his family after they were persecuted because of their ethnicity. Tony became separated from his family during a very difficult journey and arrived in the UK, unaccompanied, as a very young teenager. Tony was looked after by the local authority and was obviously very vulnerable.
Despite his age and vulnerability, there was a delay of more than 2.5 years before the Home Office made a decision on Tony’s asylum claim. During this period, Tony absconded from care on a number of occasions and was even hospitalised. Our children’s solicitor visited Tony in hospital and was able to build a relationship of trust and confidence with him over time. She kept in touch with his support worker and social services, and kept the Home Office updated about Tony’s situation. Tony went missing from the hospital on two occasions and we worked with his social worker and the police to try to find him. When the Home Office wanted to interview Tony about his asylum claim, his solicitor persuaded them that he was not well enough to be interviewed. Detailed evidence and representations were submitted to the Home Office with medical evidence, and when no decision was forthcoming after further delay, we sent a letter indicating we would take legal action to challenge the delay. Tony was eventually granted refugee status in the UK while still a child. He was discharged from hospital into accommodation which provides additional care for children and young people with mental health issues and we encouraged him to access support from a specialist refugee support organisation that works with young refugees.
We often work with young people who arrived in the UK as unaccompanied children but are now young adults. Often vital support for these young people is cut off when they reach the age of 18 and the lack of expertise in working with children means that many legal representatives will not advise clients to appeal a refusal of refugee status while they are children. We help these young people to challenge the decisions refusing them protection status.
Asylum Aid: Annual Report, for the year ended 31 December 2021 11
DARIO’S STORY
Dario arrived in the UK as a child from Afghanistan. His asylum claim was refused but his representatives failed to advise him of his right of appeal. When he was referred to us, Dario was a young adult with no status. We assisted him to lodge an appeal 3 years late and our representations convinced the Tribunal to allow his appeal to proceed. During the course of the appeal the Home Office withdrew its original decision and granted him refugee status. There was then a delay in issuing him with a status document meaning we had to threaten legal action. Dario has now got his refugee status papers and can begin to rebuild his life.
SURVIVORS OF TORTURE
During 2021, just over a quarter of Asylum Aid’s clients were survivors of torture, who often find it difficult to obtain good quality and timely legal representation because of the impact of their experiences on their mental health and the frequent complexity of their cases. At Asylum Aid we understand that the experience of torture can impact survivors’ ability to give a coherent and chronological account of the experiences that led them to seek asylum because of the impact of trauma on memory. Our link with the Helen Bamber Foundation who developed the Trauma Informed Code of Conduct means all of our legal team are trained in working in a trauma-informed way with survivors of torture so as to ensure that they are enabled to give the best account of their claims. We obtain medical evidence to document the torture our clients have experienced and support them to access therapy and other support to manage the consequences of their trauma during the asylum process.
AMIR’S STORY
Amir is an Iranian national who first came to the UK in 1998 and claimed asylum based on his fear of the Iranian authorities due to an imputed political opinion. His claim was refused as was his subsequent appeal and further submissions asserting the reasons why it was not safe for him to return. Whilst in the UK, Amir met his current wife Lucy, an Albanian survivor of trafficking. Lucy also had her asylum claim in the UK refused. Together, Amir and Lucy had two children who were born in the UK.
Given the family’s struggles in the UK and having received information from Amir’s family in Iran, the family decided that they would take the risk of relocating to Iran where they hoped to build a life together. The family lived in Iran without incident until 2012 when Amir was arrested and convicted for selling banned books that were critical of the religious and political establishment within Iran. Amir was sentenced to 10 years imprisonment and his wife and children were given no information as to his whereabouts. Whilst in prison, Amir was subjected to inhumane and degrading treatment during interrogation, which included beatings and being placed in stress positions. He describes his time in prison as “hell on earth”.
Shortly after Amir’s detention, Lucy discovered that she was pregnant with their third child. Fearing that she and her children would themselves be targeted by the Iranian state, Lucy travelled back to the UK where she was later granted refugee status. When Amir was temporary released from prison to visit his sick father, he used the opportunity to again flee the country and travelled to the UK where he was reunited with his wife and children for the first time in 6 years; this was also the first time that he had met his infant son.
Asylum Aid had represented Lucy in her asylum claim and she asked us to help her husband. We helped Amir to make a combined application for asylum and family reunion with his wife and children. We compiled detailed evidence of their relationship and when there was an extensive delay in deciding Amir’s case, we sent a pre-action letter to the Home Office asking them to make a decision. In 2022, having waited over 3 years for a decision, Amir was finally granted permission to remain living alongside his wife and children in the UK.
12 Asylum Aid: Annual Report, for the year ended 31 December 2021
STATELESS
In 2021, 19% of Asylum Aid’s clients were stateless persons. Stateless persons, having no recognised citizenship of any country and no identity, are frequently destitute and very vulnerable to trafficking and other forms of exploitation. Asylum Aid is one of the few organisations that dedicate caseworker time to supporting individuals to make statelessness applications under Part 14 of the Immigration Rules – the statelessness procedure that Asylum Aid successfully petitioned the Home Office to put in place. It often takes one to two years to gather the evidence necessary to make the representations.
Our stateless project works in partnership with 12 corporate law firms, whose lawyers provide their time for free to work with our caseworkers in building the case for each of our clients. This requires detailed investigation, as the Home Office will only recognise a person as stateless and grant them leave if they have taken all reasonable steps to obtain recognition as a national of, and/or admission to, countries with which they have a connection. Recent data disclosed by the Home Office shows that only 7% of statelessness applications are successful – but in 2021, Asylum Aid had a 100% success rate, obtaining leave for five of our clients. For another client, our investigations led to the authorities in his country of birth accepting that he was in fact a citizen of that country and issuing him with new identity documents. After years of battling for recognition, the client was delighted to finally be recognised as a citizen.
The value of this extraordinary collaboration between Asylum Aid and the law firms was given external recognition in 2021: the project won the Law Society Excellence in Pro Bono award in October and was Highly Commended in the Most Effective Partnership category at the LawWorks awards in December. We are very grateful to the firms for their continuing support – both financial and practical for this vital work. The firms that worked with us in 2021 are: Akin Gump, Ashurst, Cooley, Dentons, Freshfields Bruckhaus Deringer, Latham & Watkins, Morrison & Foerster, O’Melveny, Orrick, Reed Smith, Skadden and White & Case.
ERIC’S STORY
Eric w as born in Abkhazia when it was part of the USSR. He was conscripted into military service and lived in Georgia, Russia and Kazakhstan throughout his life before coming to the UK. He once owned a Soviet internal passport but this was lost many years ago. After being violently attacked in Russia in the early 2000s, Eric fled to the UK and unsuccessfully claimed asylum and later leave to remain in the UK under Article 8 ECHR. Significant efforts were made with NGOs and the relevant authorities of Russia, Georgia, Kazakhstan and Abkhazia over a three-year period, but none would recognise him, nor issue him any documentation. A statelessness application was subsequently submitted on his behalf by Asylum Aid in June 2020. After decades spent without status or ID, Eric was finally granted leave to remain as a stateless person in the UK in 2021.
WELFARE ADVICE SERVICES PARTNERSHIP
The team provided welfare advice to more than 670 individuals through the Westminster Advice Services Partnership. Asylum Aid’s welfare advice team specialises in providing advice to vulnerable migrant communities in Westminster, many of whom do not have English as a first language. Our advisers and volunteers are multilingual and we work with volunteer community interpreters. In 2021, 80% of those receiving welfare support from Asylum Aid were either migrants and/or people of colour and more than 40% had a disability or long-term ill health. During 2021, Asylum Aid has secured over £360,000 in additional support for its clients.
Asylum Aid: Annual Report, for the year ended 31 December 2021 13
AMINA’S STORY
Amina is a single mother, originally from Algeria, who experienced verbal, emotional and financial abuse during her marriage. She speaks very little English. Her ex-husband managed all their benefit claims and money, even if the claims were joint. In June 2021, her relationship broke down and her husband disappeared. Amina found out that her husband had returned to his country, leaving her without any money. He continued to withdraw all the money received into their joint bank account. Amina had to rely on the local foodbank and her eldest daughter, a university student, paid the family’s utility bills and other essentials from her student loan. The family were already struggling when Amina received an eviction warning letter from the council due to the rent arrears; Amina learned that her husband had also stopped paying the rent. She contacted the housing office, only to find out that she wasn’t even a registered tenant of the flat, which was in her ex’s sole name.
Amina told us that she believed she could not get UC because everyone else who tried to help her found her case too complex. With the help of our advisor, who had to file two official complaints to Universal Credit, Amina’s single parent claim was accepted, and she was granted three months backdated UC payments, a total of £3300. UC does not usually backdate payments for more than a month, but our advisor helped Amina to build a compelling case, which helped her get the extra payments. UC accepted that she was liable to pay rent on the flat, despite not being a tenant. Our advisor also applied to the Westminster local hardship fund and the family was awarded £320 for food shopping. Amina was able to pay off the rent arrears, and we provided her with housing advice. Amina told us that she cried with joy when she finally received her own money, which she can manage independently.
A UNIQUE VOICE
At Asylum Aid, we know that our work can achieve greater impact if shared beyond those whom we directly help. Asylum Aid has a long history of successful policy change work based on the evidence and testimony of our clients. It continues to be Asylum Aid’s responsibility and mission to use the expertise gained through working with clients to encourage others to take on complex cases and to deliver a humane and effective system for individuals seeking refuge and for survivors of trafficking. Our relationship with the Helen Bamber Foundation further amplifies our voice and enables us to draw on the Foundation’s expertise in working with survivors of trafficking, torture and other severe human rights violations.
Throughout 2021, we have continued to participate in policy influencing forums despite having no dedicated capacity for doing so. We have contributed to the work of the Refugee and Migrant Children’s Consortium, the Immigration Law Practitioners Association, and the European Network on Statelessness; and we have attended stakeholder meetings with the Home Office on statelessness, decision-making, access to legal advice, equalities and children. We have closely followed the passage of the Nationality and Borders Bill and contributed to sector discussions on its impact and the opportunities for influencing work to mitigate the worst effects. We have used our experience to support our colleagues at the Helen Bamber Foundation in developing policy positions on issues such as remote interviewing and access to legal advice in ‘quasi-detention’ settings. Going forward, we will develop our systems for monitoring trends in our casework so that we can identify emerging issues and provide robust evidence to support our policy influencing and campaigns.
We also know that we have a lot to share with fellow practitioners in the refugee law field from our experience working on complex cases and with survivors. We continue to host the Refugee Legal Group, a Google group with more than 1500 members that is a vital forum for sharing information and support on legal, policy and practical developments in the field. We will develop our resources, training materials and capacity to provide second-tier advice and support to other practitioners.
14 Asylum Aid: Annual Report, for the year ended 31 December 2021
OUR FUTURE
Before the pandemic, the number of refugees and those seeking asylum already in the UK was estimated to be 160,000, with more than 30,000 arriving in the country each year. We know that good quality legal representation is absolutely critical to enable survivors to obtain protection and begin to rebuild their lives. We also know that for many survivors, there are real barriers to obtaining quality legal representation.
The Government’s New Plan for Immigration, and the Nationality and Borders Act, will make it even harder for survivors to obtain protection. This is at a time when the increasing need is stark before us – to date, more than five million refugees have fled Ukraine, an area already known to have a high risk of trafficking – and yet our Government’s response has been one of the most restrictive and bureaucratic in Europe.
Shamefully, all those who are not Ukrainian nationals, but also have the misfortune to have to flee war, persecution and gender-based violence, will face: increased use of remote accommodation centres and “quasidetention”; the prospect of offshoring; a higher standard of proof; differential treatment of those granted protection depending on their route to safety; and the introduction of new detained fast-track procedures. Furthermore, the new Nationality and Borders Act will not address the real problems in the asylum system: a lack of adequate safe routes to seek asylum; serious delays at the Home Office – which have worsened over the last two years; poor quality initial decision making; and legal aid advice deserts.
The need for good quality legal representation remains acute, and we know that we need to use our position and voice to influence positive change in the asylum and NRM systems; to increase access to quality legal advice; and to work to mitigate the negative impact of the Government’s plans.
Therefore in 2022, Asylum Aid will:
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y Increase the number of people we can help directly, especially survivors of trafficking and torture, children and stateless people.
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y Ensure that good quality legal advice is provided to those in need of protection, including as a result of the Ukrainian crisis, as well as to survivors of trafficking and those at risk of trafficking or other exploitation.
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y Develop partnerships to ensure that children and survivors of trafficking and torture who are seeking asylum across the UK, including those held in accommodation centres and detention, have access to high quality legal representation, both remotely and face-to-face.
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y Provide training in representing stateless persons, survivors of trafficking and torture, and children, to other legal representatives to increase access to expert legal representation where it is needed.
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y Leverage our evidence and experience to improve the asylum system and national referral mechanism alongside the Helen Bamber Foundation.
Asylum Aid: Annual Report, for the year ended 31 December 2021 15
FINANCIAL REVIEW
FINANCIAL FRAMEWORK
Policies relating to reserves and the need to generate an annual operating surplus together provide a financial framework within which the Helen Bamber Foundation Group, including Asylum Aid, seeks to function.
SUMMARY OF RESULTS
Asylum Aid and the Helen Bamber Foundation has had a successful year in 2021, which ended in a surplus. This is as a result of our casework in progress (see below) and our fundraising activities. This is aligned to the predictions made in 2020 regarding the time and cash investment necessary to sustainably develop Asylum Aid. As we go forward, we need to grow the income generated for Asylum Aid in order to increase financial stability and to support the ambitious strategy to increase the impact of Asylum Aid and the Helen Bamber Foundation Group as a whole.
DESIGNATED CASEWORK IN PROGRESS FUND
Our casework work in progress (WIP) designated fund (£209,849) reflects income recognised in our accounts, but which is an illiquid asset that cannot be relied upon as part of our reserves policy. In the majority of cases, we cannot bill for legal aid work until the case is completed (and even where stage billing is possible, we can only recover fixed fees). This means that delays in Home Office decision-making and in hearing appeals, which have increased during the pandemic, have a direct impact on our ability to convert our WIP into cash. As casework is a major source of unrestricted income, we show our WIP as a designated fund in order to avoid misleading funders that these funds are available to invest in our charitable activities. For instance, we are currently budgeting to bring in £60,000 cash from Legal Aid work next year, which represents 28% of our total WIP. However, we recognise that the value of this WIP is a helpful indicator of future legal aid income and helps ensure that the organisation remains a going concern.
RESERVES POLICY
Forming part of reserves, the unrestricted general fund is the working fund of the charity. Unlike the other funds, it is not restricted or designated for a defined purpose. The unrestricted general fund provides for activities not funded by earned income or restricted funding and for the general administration of the charity. It also provides working capital for operations and helps to provide resources to ensure that the charity is able to continue with its obligations.
Currently our group policy is to maintain an unrestricted general fund of between three and six months of gross expenditure for the next financial year. Asylum Aid joined the Helen Bamber Foundation Group in August 2020 with no reserves or assets. Therefore, the reserves policy for Asylum Aid is two to six months. Given the importance of being confident that Asylum Aid can maintain its support to our very vulnerable clients, the Trustees aim to increase the sum in the unrestricted general fund.
In December 2021 Asylum Aid ended the year positively with two months unrestricted free reserves.
16 Asylum Aid: Annual Report, for the year ended 31 December 2021
RISKS
The major risks to which Asylum Aid is exposed, as identified by the Trustees, have been reviewed and systems have been established to mitigate these risks. Among the risks identified, the most significant are considered to be:
-
y The challenge of ensuring that funds are raised to fill the gap left by the delays in receipt of Legal Aid funding, primarily due to delays in closure of cases, and that activities are planned in order to meet budget requirements.
-
y The operational strain that can arise from the significant level of demand for the services of the organisation, while at the same time as cases are not being closed, and there is little capacity for new clients.
-
y The impact of the Nationality and Borders Act making a system that is already failing, hard to implement fairly and which will result in increased delays for our clients and increased number of clients with complex needs.
-
y The anticipated cost of living crisis and this Government’s plans to recover from the financial impact of the pandemic mean there is unlikely to be any extra central Government funding for legal advice or to invest in the wider asylum system. These economic impacts will make an already hostile influencing environment more challenging for our clients and therefore for our work more generally.
These risks are mitigated in part through close operational monitoring and application of the reserves policy.
SUBSEQUENT EVENTS AND GOING CONCERN
The global health crisis arising from COVID-19 (Coronavirus) had a profound impact on all aspects of life, including the activities of Asylum Aid. We had to move to remote working but did not see a decrease in referrals. The Trustees have put in place measures to mitigate the risks to Asylum Aid from the ongoing delays in the closure of cases resulting in delayed receipt of payment from the Legal Aid Agency for work done, by focusing on fundraised income during this period. We have also invested in capacity to ensure prompt and timely billing where possible. Brexit has not had a negative impact on Asylum Aid’s income and is not expected to in future. Having regard to these steps and the reserves held at the year-end both by Asylum Aid and the Helen Bamber Foundation, the Trustees consider it reasonable to expect that Asylum Aid has adequate resources to continue in operational existence for the foreseeable future. Accordingly, the Trustees continue to adopt the ‘going concern’ basis in preparing the accounts.
REMUNERATION POLICY
The objectives of HBF Group’s remuneration policy are to:
-
y Reward staff appropriately and enable the recruitment and retention of high-calibre personnel.
-
y Ensure the proper use of the charity’s resources in accordance with its aims and within affordable limits, based on the financial circumstances of the charity.
-
y Be non-discriminatory, just and equitable in the evaluation of jobs and their remuneration by providing a stable framework for the remuneration of the team.
-
y Pay at a competitive level taking account of external market rates the aim being to set pay around the median level for comparable posts in the voluntary sector, subject to the charity’s financial position.
-
y Operate within the law.
Asylum Aid: Annual Report, for the year ended 31 December 2021 17
Remuneration is reviewed on an annual basis and agreed by the Board of Trustees. When setting pay levels, the charity gives consideration to external benchmark comparators, changes in the national average earnings index, affordability and other internal and external pressures including recruitment and retention. The policy applies to all staff, including the charity’s management team.
FUNDRAISING
Asylum Aid is supported by the same fundraising team as the Helen Bamber Foundation as part of the group structure. An annual income generation strategy is produced, against which performance is regularly monitored by the senior management and Trustees. In 2021, Asylum Aid secured fundraised income of £390,401, part of which was due to the synergy between Asylum Aid and the Helen Bamber Foundation as a group.
Asylum Aid’s/Helen Bamber Foundation’s fundraising approach reflects the principles published on the HBF’s website www.helenbamber.org. The charity’s fundraising programme is delivered using internal resources and in 2021 did not involve external professional fundraisers or commercial participators. Neither Asylum Aid nor the Helen Bamber Foundation produces or markets merchandise for fundraising purposes.
HBF Group is registered with the Fundraising Standards Board. Registration with the Board represents a commitment to the highest standards of practice and ensures that all fundraising activity is open, legal and fair. As a registered participant, HBF Group commits to the Board’s Codes of Fundraising Practice, which is the standard set for fundraisers in the UK. Registered participants also commit to abide by its Fundraising Promise. The Fundraising Promise is based on six key pledges that reflect the core values of respect, honesty, accountability and transparency. HBF Group’s strong commitment to recognize sector standards means that the charity is actively working to protect vulnerable people and other members of the public from behaviour which:
-
y is an unreasonable intrusion on a person’s privacy;
-
y is unreasonably persistent;
-
y places undue pressure on a person to give money or other property.
Neither Asylum Aid nor the Helen Bamber Foundation has received any complaints with regard to its fundraising activities in 2021.
PUBLIC BENEFIT
In setting Asylum Aid’s objectives and planning its activities, the Board of Trustees has given careful consideration to the Charity Commission’s general guidance on public benefit. In particular, the Board of Trustees considers how planned activities will contribute to its stated aims and objectives. The benefits that Asylum Aid brings to those seeking asylum and those already granted refugee status and their dependents are:
-
y the relief of their conditions of need, hardship or distress (including providing them with legal advice and representation);
-
y the preservation and protection of their physical and mental health;
-
y the advancement of their education and training so as to further their rehabilitation and integration within a new community;
18 Asylum Aid: Annual Report, for the year ended 31 December 2021
- y the advancement of public knowledge on the situation of asylum seekers and refugees and on the conditions that give rise to refugee movements, as well as on all issues concerning gross violation of human rights, torture and atrocities and the impact on people who experience such suffering.
STATEMENT OF RESPONSIBILITIES OF THE TRUSTEES
The Trustees (who are also directors of Asylum Aid for the purposes of company law) are responsible for preparing the Trustees’ annual report and the financial statements in accordance with applicable law and United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice).
Company law requires the Trustees to prepare financial statements for each financial year that give a true and fair view of the state of affairs of the charitable company and of the incoming resources and application of resources, including the income and expenditure, of the charitable company for that period. In preparing these financial statements, the Trustees are required to:
-
y Select suitable accounting policies and then apply them consistently;
-
y Observe the methods and principles in the Charities SORP;
-
y Make judgements and estimates that are reasonable and prudent;
-
y State whether applicable UK Accounting Standards and statements of recommended practice have been followed subject to any material departures disclosed and explained in the finance statements;
-
y Prepare the finance statements on the going concern basis unless it is inappropriate to presume that the charity will continue in operation.
The Trustees are responsible for keeping adequate accounting records that disclose with reasonable accuracy at any time the financial position of the charitable company and enable them to ensure that the financial statements comply with the Companies Act 2006. They are also responsible for safeguarding the assets of the charitable company and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities
The Trustees are responsible for the maintenance and integrity of the corporate and financial information included on the charitable company’s website. Legislation in the United Kingdom governing the preparation and dissemination of financial statements may differ from legislation in other jurisdictions.
Members of the charity guarantee to contribute an amount not exceeding £1 to the assets of the charity in the event of winding up. The total number of such guarantees at 31 December 2021 was six. The Trustees are members of the charity, entitling them to voting rights, but they have no beneficial interest in the charity.
These accounts have been prepared in accordance with the provisions applicable to companies subject to the small companies’ regime.
The trustees’ annual report has been approved by the trustees on 17th May 2022 and signed on their behalf by Elizabeth Mottershaw Chair of the Board of Trustees.
Elizabeth A Mottershaw
Asylum Aid: Annual Report, for the year ended 31 December 2021 19
INDEPENDENT EXAMINER’S REPORT TO THE TRUSTEES OF ASYLUM AID
I report to the trustees on my examination of the accounts of Asylum Aid for the year ended 31 December 2021.
This report is made solely to the trustees as a body, in accordance with the Charities Act 2011. My examination has been undertaken so that I might state to the trustees those matters I am required to state to them in an independent examiner’s report and for no other purpose. To the fullest extent permitted by law, I do not accept or assume responsibility to anyone other than the charity and the trustees as a body, for my examination, for this report, or for the opinions I have formed.
RESPONSIBILITIES AND BASIS OF REPORT
As the charity trustees of the Company you are responsible for the preparation of the accounts in accordance with the requirements of the Charities Act 2011 (‘the Act’) and Companies Act 2006 (‘the 2006 Act’).
Having satisfied myself that the accounts of the Company are not required to be audited under Part 16 of the 2006 Act and are eligible for independent examination, I report in respect of my examination of the Company’s accounts carried out under section 145 of the 2011 Act and in carrying out my examination I have followed all the applicable Directions given by the Charity Commission under section 145(5)(b) of the Charities Act 2011 (‘the 2011 Act’).
INDEPENDENT EXAMINER’S STATEMENT
Since the Company’s gross income exceeded £250,000 your examiner must be a member of a body listed in section 145 of the 2011 Act. I confirm that I am qualified to undertake the examination because I am a member of the Institute of Chartered Accounts in England and Wales, which is one of the listed bodies.
I have completed my examination. I confirm that no material matters have come to my attention in connection with the examination giving me cause to believe that in any material respect:
1. Accounting records were not kept in respect of Company as required by section 386 of the 2006 Act; or
2. The accounts do not accord with those records; or
3. The accounts do not comply with the accounting requirements of section 396 of the 2006 Act other than any requirement that the accounts give a ‘true and fair view’ which is not a matter considered as part of an independent examination; or
4. The accounts have not been prepared in accordance with the methods and principles of the Statement of Recommended Practice for accounting and reporting by charities;
I have no concerns and have come across no other matters in connection with the examination to which attention should be drawn in this report in order to enable a proper understanding of the accounts to be reached.
Signed: ______ Date: _______ 29 June 2022
Name: Joanna Pittman, FCA DChA
Address: Sayer Vincent LLP, Invicta House, 108-114 Golden Lane, London, EC1Y 0TL
20 Asylum Aid: Annual Report, for the year ended 31 December 2021
Asylum Aid
Statement of financial activities (incorporating an income and expenditure account)
For the year ended 31 December 2021
| Unrestricted Note £ Income from: 2 267,401 3 45,950 3 209,849 3 61,306 584,506 4a 21,859 353,613 375,472 5 209,034 Reconciliation of funds: 67,907 276,941 Donations and legacies Charitable activities Legal Aid Services Westminster CAB Raising funds Total expenditure Charitable activities Legal Aid Services/Westminster CAB Total income Expenditure on: Other Legal Aid Services (Work in progress) Total funds brought forward Net income for the year and net movement in funds Total funds carried forward |
Unrestricted Note £ Income from: 2 267,401 3 45,950 3 209,849 3 61,306 584,506 4a 21,859 353,613 375,472 5 209,034 Reconciliation of funds: 67,907 276,941 Donations and legacies Charitable activities Legal Aid Services Westminster CAB Raising funds Total expenditure Charitable activities Legal Aid Services/Westminster CAB Total income Expenditure on: Other Legal Aid Services (Work in progress) Total funds brought forward Net income for the year and net movement in funds Total funds carried forward |
Restricted £ 123,000 - - - |
2021 Total £ 390,401 45,950 209,849 61,306 707,506 21,859 458,472 480,331 227,175 67,907 295,082 |
Unrestricted £ 59,243 6,720 - 30,653 |
Restricted £ 139,409 - - - |
2020 Total £ 198,652 6,720 - 30,653 |
|---|---|---|---|---|---|---|
| 584,506 | 123,000 | 96,616 | 139,409 | 236,025 | ||
| 21,859 353,613 |
- 104,859 |
17,783 10,926 |
- 139,409 |
17,783 150,335 |
||
| 375,472 | 104,859 | 28,709 | 139,409 | 168,118 | ||
| 209,034 67,907 |
18,141 - |
67,907 - |
- - |
67,907 - |
||
| 276,941 | 18,141 | 67,907 | - | 67,907 |
All of the above results are derived from continuing activities. There were no other recognised gains or losses other than those stated above. Movements in funds are disclosed in Note 12a to the financial statements.
21
Asylum Aid
Balance sheet
| Balance sheet | ||||
|---|---|---|---|---|
| As at 31 December 2021 | Company no. 02513874 | |||
| Note Fixed assets: 8 Current assets: 9 Liabilities: 10 11a Total unrestricted funds Designated funds General funds Total charity funds Cash at bank and in hand Tangible assets The funds of the charity: Creditors: amounts falling due within one year Net current assets Debtors Work in progress Net Assets Restricted income funds Unrestricted income funds: |
£ 209,849 27,811 256,497 |
2021 £ 933 |
£ - 15,326 189,949 |
2020 £ 1,272 |
| 933 294,149 |
1,272 66,635 |
|||
| 494,157 (200,008) |
205,275 (138,640) |
|||
| 209,849 67,092 |
- 67,907 |
|||
| 295,082 | 67,907 | |||
| 18,141 276,941 |
- 67,907 |
|||
| 295,082 | 67,907 |
The charitable company is entitled to exemption from audit under Section 477 of the Companies Act 2006 and members have not required the charitable company to obtain an audit for the period in question in accordance with section 476 of the Act.
The directors acknowledge their responsibilities for complying with the requirements of the Companies Act 2006 state of affairs of the company as at 31 December 2020 and of its net outgoing resources for the period in accordance with the requirements of sections 394 and 395 of the Act and which otherwise comply with the requirements of the Companies Act 2006 relating to financial statements, so far as applicable to the company.
The financial statements have been prepared in accordance with the special provisions for small companies under the Companies Act 2006.
Approved by the trustees on 17th May 2022 and signed on their behalf by
John Scampion Treasurer
22
Asylum Aid
Statement of cash flows
For the year ended 31 December 2021
| Cash flows from operating activities Net income for the year and net movement in funds (as per the statement of financial activities) Depreciation charges (Increase)/decrease in debtors Increase/(decrease) in creditors Net cash provided by / (used in) operating activities Analysis of cash and cash equivalents and of net debt Cash at bank and in hand Total cash and cash equivalents Cash and cash equivalents at the beginning of the Net cash provided by / (used in) investing activities Cash flows from investing activities: Purchase of fixed assets Cash and cash equivalents at the end of the year Change in cash and cash equivalents in the year |
£ 227,175 339 (222,334) 61,368 - |
£ 2021 |
£ 67,907 85 (15,326) 138,640 (1,357) |
£ 2020 |
|---|---|---|---|---|
| 66,548 - |
191,306 (1,357) |
|||
| At 1 January 2021 £ 189,949 |
Other non- cash changes £ - |
|||
| 66,548 189,949 |
189,949 - |
|||
| 256,497 | 189,949 | |||
| Cash flows £ 66,548 |
At 31 December 2021 £ 256,497 |
|||
| 189,949 | 66,548 | - | 256,497 |
23
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
1 Accounting policies
a) Statutory information
Asylum Aid is a charitable company limited by guarantee and is incorporated in the United Kingdom.
The registered office address and principal place of business is Bruges Place, 15-20 Baynes Street, London, NW1 0TF.
b) Basis of preparation
The financial statements of the charitable company have been prepared in accordance with the Charities SORP (FRS102) "Accounting and Reporting by Charities: Statement of Recommended Practice applicable to charities preparing their accounts in accordance with the Financial Reporting Standard applicable in the UK and Republic of Ireland (FRS 102) (effective 1 January 2019)", Financial Reporting Standard 102 "The Financial Reporting Standard applicable in the UK and Republic of Ireland" and the Companies Act 2006.
Key judgements that the charitable company has made which have a significant effect on the accounts include the estimation of the value of the work in progress.
The Trustees do not consider that there are any sources of estimation uncertainty at the reporting date that have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next reporting period.
The charitable company meets the definition of a public benefit entity under FRS 102. Assets and liabilities are initially recognised at historical cost or transaction value unless otherwise stated in the relevant accounting policy or note.
c) Going concern
The trustees consider that there are no material uncertainties about the charitable company's ability to continue as a going concern due to the ongoing support of the parent company.
d) Income
-
Income is recognised when: 1) The charity has entitlement to the funds
-
2) Any performance conditions attached to the income have been met
-
3) It is probable that the income will be received 4) The amount can be measured reliably.
Income for prior year was a for a 6 month period from 1st July to 31st December 2020 but the charity was dormant from 1st July to 4th August 2020. Comparatives are for a shoter period than 2021 which is a full year.
Income from government and other grants, whether ‘capital’ grants or ‘revenue’ grants, is recognised when the charity has entitlement to the funds, any performance conditions attached to the grants have been met, it is probable that the income will be received and the amount can be measured reliably and is not deferred. Income received in advance for the provision of specified service is deferred until the criteria for income recognition are met.
We recognise work done under the legal aid contract where the criteria for entitlement to payment under the legal aid regulations are met.
e) Donations of gifts, services and facilities
Donated professional services and donated facilities are recognised as income when the charity has control over the item or received the service, any conditions associated with the donation have been met, the receipt of economic benefit from the use by the charity of the item is probable and that economic benefit can be measured reliably. In accordance with the Charities SORP (FRS 102), volunteer time is not recognised so refer to the trustees’ annual report for more information about their contribution.
f) Interest receivable
Interest on funds held on deposit is included when receivable and the amount can be measured reliably by the charity; this is normally upon notification of the interest paid or payable by the bank.
24
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
-
1 Accounting policies (continued)
-
g) Fund accounting
Unrestricted funds are available to spend on activities that further any of the purposes of charity. Restricted funds are donations which the donor has specified are to be solely used for particular areas of the charity’s work or for specific projects being undertaken by the charity. Designated funds are unrestricted funds earmarked by the trustees for particular purposes.
h) Expenditure and irrecoverable VAT
Expenditure is recognised once there is a legal or constructive obligation to make a payment to a third party, it is probable that settlement will be required and the amount of the obligation can be measured reliably. Expenditure is classified under the following activity headings:
-
Costs of raising funds comprise of costs incurred by the charitable company in inducing third parties to make voluntary contributions to it, as well as the cost of any activities with a fundraising purpose.
-
Expenditure on charitable activities includes the costs of delivering services and activities undertaken to further the purposes of the charity and their associated support costs.
-
Other expenditure represents those items not falling into any other heading.
Irrecoverable VAT is charged as a cost against the activity for which the expenditure was incurred.
- i) Allocation of support costs
Support costs are those functions that assist the work of the charity but do not directly undertake charitable activities. Support costs include office costs, finance, personnel, payroll and governance costs which support the charity's programmes and activities. These costs have been allocated between cost of raising funds and expenditure on charitable activities. The bases on which support costs have been allocated are set out in note 4.
j) Tangible fixed assets
Items of equipment are capitalised where the purchase price exceeds £250. Depreciation is provided at rates calculated to write down the cost of each asset to its estimated residual value over its expected useful life. The depreciation rates in use are as follows:
- Office equipment
25% straight line basis
k) Work in progress
Work in progress is valued at the average hourly rate paid by the Legal Aid Agency less any necessary provisions.
l) Debtors
Trade and other debtors are recognised at the settlement amount due after any trade discount offered. Prepayments are valued at the amount prepaid net of any trade discounts due.
m) Cash at bank and in hand
Cash at bank and cash in hand includes cash and short term highly liquid investments with a short maturity of three months or less from the date of acquisition or opening of the deposit or similar account.
n) Creditors and provisions
Creditors and provisions are recognised where the charity has a present obligation resulting from a past event that will probably result in the transfer of funds to a third party and the amount due to settle the obligation can be measured or estimated reliably. Creditors and provisions are normally recognised at their settlement amount after allowing for any trade discounts due.
o) Pensions
Employees of the charity are entitled to join the Pensions Trust Pension Scheme which is funded by contributions from employees and the charity as employer. The pension charge recorded in these accounts is the amount of contributions payable in the accounting year.
25
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
2 Income from donations and grants
| Income from donations and grants | ||||
|---|---|---|---|---|
| Donations Individual donations Corporate donations Helen Bamber Foundation Legacies Grants Access to Justice Foundation Community Justice Fund Access to Justice Foundation Funder Plus Scheme The Barrow Cadbury Trust Covid 19 Support Fund ILPA Trust for London London Legal support Other Trust for London (Statelessness) |
Unrestricted £ 39,244 - 136,155 15,102 - - 150 - 50,000 21,764 - 4,986 |
Restricted £ - 72,000 - - 31,000 - - - - - 20,000 - |
2021 Total £ 39,244 72,000 136,155 15,102 31,000 - 150 - 50,000 21,764 20,000 4,986 |
2020 Total £ 34,843 24,400 - - 63,500 10,800 49,850 5,259 10,000 - - - |
| 267,401 | 123,000 | 390,401 | 198,652 |
(2020 Unrestricted £64,502. Restricted £134,150)
£136,155 represents a portion of the income raised from Trusts and Foundations that was received by the Helen Bamber Foundation on behalf of HBF Group, and which has been allocated to Asylum Aid. This amount is based on the proportion of increased expenditure attributable to Asylum Aid.
3 Income from charitable activities
| Income from charitable activities | ||||
|---|---|---|---|---|
| Westminster CAB Project Total income from charitable activities Legal Aid Claims Other Legal Aid Claims Work in Progress |
Unrestricted £ 45,950 |
Restricted £ - |
2021 Total £ 45,950 |
2020 Total £ 6,720 |
| 45,950 209,849 209,849 |
||||
| 61,306 | - | 61,306 | 30,653 | |
| 61,306 317,105 |
- - |
61,306 317,105 |
30,653 37,373 |
26
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
4a Analysis of expenditure (current year)
| Basis of allocation Staff costs (Note 6) Staff time Direct costs Direct Premises costs Staff time Staff recruitment/training Staff time Office costs/comms Staff time Depreciation Staff time Audit & Accountancy fees Staff time Support costs Governance costs Total expenditure 2021 Total expenditure 2020 |
Raising funds £ 17,910 - - - - - - 17,910 2,963 986 21,859 17,783 |
Charitable activities Legal Aid Services £ 368,986 14,469 - - - - - 383,455 56,303 18,714 458,472 150,335 |
Governance costs £ 15,910 - - - - - 3,790 19,700 - (19,700) - - |
Support costs £ 18,995 - 16,446 2,965 20,521 339 - 59,266 (59,266) - - - |
2021 Total 2020 Total £ £ 421,801 124,447 14,469 20,546 16,446 2,334 2,965 4,500 20,521 13,606 339 85 3,790 2,600 480,331 168,118 - - - - 480,331 168,118 |
|---|---|---|---|---|---|
27
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
4b Analysis of expenditure (prior year)
| Basis of allocation Staff costs (Note 6) Staff time Direct costs Direct Premises costs Staff time Staff recruitment/training Staff time Office costs/comms Staff time Depreciation Staff time Audit & Accountancy fees Staff time Support costs Governance costs Total expenditure 2020 |
Raising funds £ 7,022 8,780 - - - - - 15,802 1,438 543 17,783 |
Charitable activities Legal Aid Services £ 107,536 11,766 - - - - - 119,302 22,528 8,505 150,335 |
Governance costs £ 6,448 - - - - - 2,600 9,048 - (9,048) - |
Support costs 2020 Total £ £ 3,441 124,447 - 20,546 2,334 2,334 4,500 4,500 13,606 13,606 85 85 - 2,600 23,966 168,118 (23,966) - - - - 168,118 |
|---|---|---|---|---|
28
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
5 Net income for the year
| This is stated after charging 2021 £ Depreciation 339 Auditor's remuneration: Independent Examination fees 3,790 Staff costs were as follows: 2021 £ Salaries and wages 373,030 Redundancy payments 5,712 Social security costs 27,053 Employer’s contribution to defined contribution pension schemes 16,006 421,801 Analysis of staff costs, trustee remuneration and expenses, and the cost of key management personnel |
This is stated after charging 2021 £ Depreciation 339 Auditor's remuneration: Independent Examination fees 3,790 Staff costs were as follows: 2021 £ Salaries and wages 373,030 Redundancy payments 5,712 Social security costs 27,053 Employer’s contribution to defined contribution pension schemes 16,006 421,801 Analysis of staff costs, trustee remuneration and expenses, and the cost of key management personnel |
2020 £ 85 2,600 2020 £ 109,640 - 10,193 4,614 |
|---|---|---|
| 421,801 | 124,447 |
6 Analysis of staff costs, trustee remuneration and expenses, and the cost of key management personnel
No employee received emoluments of more than £60,000.
The total employee benefits including pension contributions of the key management personnel were £72,671 (2020: £20,744).
The charity trustees were not paid or received any benefits from employment with the Trust in the period (2020: £nil) neither were they reimbursed expenses during the period (2020: £nil). No charity trustee received payment for professional or other services supplied to the charity (2020: £nil).
Staff numbers
The average number of employees (head count based on number of staff employed) during the period was as follows:
| Raising funds Charitable activities Support & Governance |
2021 No. 2 15 2 |
2020 No. 2 11 2 |
|---|---|---|
| 19 | 15 |
7 Taxation
The charitable company is exempt from corporation tax as all its income is charitable and is applied for charitable purposes.
29
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
- 8 Tangible fixed assets
| 8 Tangible fixed assets |
||
|---|---|---|
| Cost At the start of the year Additions in year At the end of the year Depreciation At the start of the year Charge for the year At the end of the year Net book value At the end of the year At the start of the year 9 Trade debtors Other debtors Prepayments All of the above assets are used for charitable purposes. Debtors |
Office equipment £ 1,357 - |
Total £ 1,357 - |
| 1,357 | 1,357 | |
| 85 339 |
85 339 |
|
| 424 | 424 | |
| 933 | 933 | |
| 1,272 | 1,272 | |
| 2021 £ 45 25,327 2,439 |
2020 £ - 15,326 - |
|
| 27,811 | 15,326 |
30
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
10 Creditors: amounts falling due within one year
| Trade creditors Taxation and social security Other creditors Amounts owed to Helen Bamber Foundation Accruals Deferred income Deferred income Balance at the beginning of the year Amount released to income in the year Amount deferred in the year Balance at the end of the year |
2021 £ 9,610 8,314 55,532 116,321 10,231 - |
2020 £ 11,282 6,453 56,216 30,090 3,600 31,000 |
|---|---|---|
| 200,008 | 138,640 | |
| 2021 £ 31,000 (31,000) - |
2020 £ - - 31,000 |
|
| - | 31,000 |
Deferred income comprises of part of a grant received from Access to Justice in the current year which relates to a future period.
11a Analysis of net assets between funds (current year)
| Tangible fixed assets Net current assets Net assets at 31 December 2021 |
General unrestricted £ 933 66,159 |
Designated £ - 209,849 |
Restricted £ - 18,141 |
Total funds £ 933 294,149 |
|---|---|---|---|---|
| 67,092 | 209,849 | 18,141 | 295,082 |
11b Analysis of net assets between funds (prior year)
| Analysis of net assets between funds (prior year) | |||
|---|---|---|---|
| Tangible fixed assets Net current assets Net assets at 31 December 2020 |
General unrestricted £ 1,272 66,635 |
Restricted £ - - |
Total funds £ 1,272 66,635 |
| 67,907 | - | 67,907 |
31
Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
12a Movements in funds (current year)
| Movements in funds (current year) | |||||
|---|---|---|---|---|---|
| Restricted funds: Legal Aid Services Total restricted funds Unrestricted funds: General funds Total unrestricted funds Total funds Restricted funds: Legal Aid Services Total restricted funds Unrestricted funds: General funds Total unrestricted funds Total funds Movements in funds (prior year) |
At 1 January 2021 £ - |
Income & gains £ 123,000 |
Expenditure & losses £ 104,859 |
Transfers £ - |
At 31 December 2021 £ 18,141 |
| - | 123,000 | 104,859 | - | 18,141 | |
| 67,907 | 584,506 | 375,472 | - | 276,941 | |
| 67,907 | 584,506 | 375,472 | - | 276,941 | |
| 67,907 | 707,506 | 480,331 | - | 295,082 | |
| At 1 January 2020 £ - |
Income & gains £ 139,409 |
Expenditure & losses £ 139,409 |
Transfers £ - |
At 31 December 2020 £ - |
|
| - | 139,409 | 139,409 | - | - | |
| 96,616 | 28,709 | - | 67,907 | ||
| - | 96,616 | 28,709 | - | 67,907 | |
| - | 236,025 | 168,118 | - | 67,907 |
12b Movements in funds (prior year)
Legal Aid Services
The income of the charity includes grants received for specific restricted projects. The restricted funds have enabled the charity to continue in its campaign of providing legal representation and access to justice and specifically have allowed the charity to protect vulnerable needy people in the face of the Covid 19 epidemic.
13 Legal status of the charity
The charity is a company limited by guarantee incorporated in England and has no share capital. Each member is liable to contribute a sum not exceeding £1 in the event of the charity being wound up.
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Asylum Aid
Notes to the financial statements
For the year ended 31 December 2021
14 Related party transactions
There are no related party transactions to disclose for 2021 (2020: none).
There are no donations from related parties which are outside the normal course of business and no restricted donations from related parties.
15 Ultimate Controlling Party
The company's ultimate parent undertaking and controlling party is Helen Bamber Foundation, a registered charity (charity number 1149652) and company limited by guarantee (company number 08186281). Copies of the financial statements are available from Companies House and the Charity Commission.
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ASYLUM AID protection from persecution Charity number 328729 Company number". 02513874