Realising EU welfare rights: administrative gatekeeping and the accessibility of EU law

Lead Research Organisation: University of York
Department Name: York Law School

Abstract

What do EU rights mean in practice? What are the hidden barriers to accessing EU rights in the UK? Are those rights accessible for citizens with disabilities? This project seeks to tackle these questions, to expose academic theory, and media misinformation, to some practical reality.

EU migrants, and their families are the focus of much ill-informed media coverage as benefit tourists, and some of the 'tightening' of the benefits system has anti-migrant undertones while other aspects of welfare reform may well impact disproportionately on migrants with disabilities. In fact the procedures for asserting rights to EU-law based equal treatment for some benefits, or to cross-border co-ordination for others, involve invoking fiendishly complex EU legal provisions. This project asks whether the claims processes for social assistance and social security benefits for EU migrants create barriers to claiming entitlements. This is a serious question of administrative justice for an increasing section of the UK population.

Much theoretical academic study presumes the existence of a migrant worker rights to welfare benefits. However, in practice the pursuit of those rights can be difficult, and the barriers claimants encounter may be especially detrimental to persons with disabilities - creating problems of disability discrimination. But these barriers have not been examined, partly because those working with EU migrants in the social welfare advice sector are not EU specialists, so that EU rights are not fully pursued.

This project bridges the gap between the academic legal theory and those giving practical advice to EU migrants, by using both my technical knowledge of EU law, and my CAB case work experience, to pursue EU rights more fully for clients, and to document the barriers we encounter in trying to pursue claimants' best interests, and identify which of those barriers - such as language issues, are specific to EU legal claims. These might include extra procedural requirements or evidential burdens, translation and comprehension issues, problems with information and awareness and the degree of administrative co-ordination between different national benefit offices.

This practice-based method is innovative because it takes an empirical, socio-legal and administrative approach to the study of EU law. It will allow me to reach stages of a claim that might not otherwise be reached, so creating the opportunity to study administrative procedures and barriers, which would otherwise go unexamined. Barriers to accessing EU-based rights to welfare call into question the coherence of the co-ordination system as a whole, suggesting something about administrative cultural hostility to EU claims, which in turn leads to questions of citizenship and accountability.

Barriers to the pursuit of EU rights will result in an uneven distribution of those 'rights', so this project will consider the impact of those barriers in the context of disability, and examine them as potentially disproportionately affecting access to EU rights for persons with disabilities - an effect that in itself would be contrary to EU principles. This will not only raise big questions about the meaning of European citizenship, and whether EU rights still operate along the principles of the 'playboy directive' by catering only for the privileged, but it will also open up opportunities to identify ways of accommodating/adjusting procedures where possible.

As well as a number of academic outputs, I plan to produce an 'advising EU migrants' toolkit, to help identify rights, to take adviser through the claims process, to flag up potential barriers, and suggest strategies for tackling them. My results should also feed into policy papers, to inform, and make suggestions to, administrative decision-makers, and to provide evidence for organisations campaigning for administrative justice and working in the interests of EU migrants and/or persons with disabilities.

Planned Impact

In focussing upon the reality of making EU-law based welfare benefit claims, and identifying specific procedures, possible barriers and possible implications, this project has a number of social and legal policy impact ambitions, and aims to target the following beneficiaries:

Advisors: Those working with EU migrants and trying to help them to assert EU law based claims should benefit from the findings of the research, as the project will highlight particular avenues of argument for making EU-law based claims, that might otherwise be missed. In outlining administrative procedures that are encountered, advisors will be better informed about the full pathway of a claim and may feel more confident about going beyond a first interview with clients. In identifying possible barriers, it should help advisors to anticipate and so begin to tackle these barriers.

EU migrants: Those assisted as part of the project should receive advice and help to make informed decisions, and support in choosing from options and in taking action. However, the findings of the project should help a broad range of EU migrants, through highlighting the difficulties faced in realising their rights - information which is not just useful to them but which should increase public awareness of the obstacles they face, and the relationship between such obstacles, and nationality and disability.

Administrative decision makers: This project should provide useful feedback to administrative decision makers on the fairness of, and any drawbacks to procedures for pursuing benefit claims. Organisational policies, as well as legal obligations, will be tested and held up against the reality of the claims experiences. This feedback should include suggestions about service delivery and on good practice generally.

Monitoring bodies: The findings of this project should provide valuable monitoring information to bodies tasked with ensuring the correct implementation of and judicial respect for EU law. These would include the House of Lords Select Committee on EU law, the European Commission and the Equality and Human Rights Commission, which is also tasked with monitoring compliance with the UN Convention on the Rights of Persons with Disabilities. These specific societal impacts should have more diffuse economic impacts, related to social inclusion and labour market engagement.

Non-governmental organisations: The themes of this project - administrative justice, indirect discrimination on grounds of nationality and disability, and the rights of EU migrants - mean that the analytical findings should provide not material to help with education and/or campaigns ideas or angles for NGOs working with migrants or persons with disabilities, and organisations who are interested in administrative fairness, and/or the European constitutional project.

Legal practitioners, judges: The legal system, with presumptions of fairness, has reasons to hope that it is backed up by good administrative decision-making and fair administrative procedures, not only to avoid excessive, costly litigation, but also to ensure the integrity of the system as a whole. Practitioners and judges would have an interest in knowing what the many claimants have been through who never reach a higher court, and so how most of the decision making happens which is otherwise invisible to them.
 
Description Key findings relate to: the limitations of EU citizenship in the UK; the effects of new welfare rules directed at EU nationals; the difficulties faced by EU nationals asserting rights.


During the course of the project, the UK government unveiled a series of measures addressing and changing the welfare rights of EU nationals. As the project was about administrative injustice faced by EU nationals in the UK welfare system, these changes were pertinent, and I was well placed to provide the first comprehensive analysis of these changes, as well as having first hand experience of negotiating the changed welfare terrain with clients. One key finding was that the risk of administrative injustice, which was already present, became more acute in the context of legal transition. A lot of rules changing quickly meant that clients themselves did not understand their rights and responsibilities, and first tier generalist advisers reported feeling lost, or feeling a sense of dread when having to engage with the new rules.

The amount of rapid change led to the need for quickly produced decision-maker guidance documents. A number of these were very dense, and difficult to interpret. Several contained misleading references to EU law, or in some cases contained directions that created open clashes with EU law. These factors increased further the risk of administrative error and confused decision making.

Drawing upon the case studies I categorised the administrative injustice encountered into three types: getting it wrong (errors in the law); not caring about getting it right (inappropriate processes, not gathering the right information, not checking, refusing first and asking questions later); and stopping claimants putting it right (communication barriers - a impenetrable automated helpline; departments with no means of quickly communicating with each other or sharing information; departments that do not give
contact details to claimants, or departments that disappear).

A key academic argument made as a consequence of this research is that EU nationals are not really given 'equal treatment', and that equal treatment 'just' for the economically active really amounts to equal treatment for no-one because of the extra burdens and risked then placed upon the economically active. Equal treatment on the grounds of nationality is illusory when it comes to welfare law. There are multiple administrative obstacles to asserting EU nationals' welfare rights. Administrative and legal obstacles interact so that legal changes augment administrative obstacles, through e.g. increased decision-maker confusion and steering decision makers to restrict rights rather than facilitate them, promoting a refuse-first culture.

A further original contribution was my analysis of the UK's welfare
reforms directed at EU nationals as a programme. I have developed a theory of declaratory discrimination in public law, drawing upon the private law concept of discrimination by declaration, established in the CJEU case of Feryn. In that case the CEJU found that discriminatory announcements from prospective employers were capable of constituting discriminatory acts. I have argued that government communications are capable of amounting to declarations of an intent to discriminate and/or create obstacles to movement.
Exploitation Route The project was in considerable demand, and we exceeded the planned number of cases for advice and advocacy; in particular there was strong demand for secondary advice and support to first tier advisers nationwide. Immediate uses of the research included supporting clients to prevent families being evicted, to secure accommodation for families who had lost their homes, and to secure benefit entitlement for those who had been wrongly denied it. This included requests for mandatory reconsideration, appeals, and first tier tribunal appeals. The project also supported challenges to claims for overpayments HMRC wrongly mounted against clients, in one case preventing the wrongful recovery of tens of thousands of pounds.

There was excellent engagement on the part of advice and other organisations in terms of knowledge exchange activities (held in York, Skipton, Harrogate, Coventry, Stoke, Brighton and Merthyr Tydfil). This meant that the project was able to provide numerous training opportunities, and the feedback collected suggests that the advisers attending these sessions were going to put the information gathered to use in their advice work straight away.

Key findings are feeding into talks and support I am giving to advice agencies around the country. The findings will also inform potential judicial review claims. One stream of the research associated with the project - entitlements of families reliant upon the CJEU case of Zambrano, resulted in the production of an academic article written with practitioners in mind. It was used in the written and oral submissions made by Richard Drabble QC in the Supreme Court, and Mr Drabble recommended the whole of the article to the court. Judgment has been handed down and my work was quoted substantially.

Some findings have already been called upon in a report I co-authored for the European Commission, and which has been widely read among relevant government departments of Member States - I have received enquiries from the Danish Ministry of Employment, for instance.

Key findings were also drawn upon in oral and written submissions to the House of Commons Committee on Exiting the European Union (I was invited to give evidence). My evidence was in turn referred to in a Committee report, arguing that plans for settled status needed to avoid disadvantaging women and children, so to avoid relying on the conditions in Directive 2004/38. The Home Office subsequently changed their settled status plans to remove the problematic conditions and ask instead just for evidence of residence.

One of my articles associated with the grant has also been cited in an Advocate General Opinion in the Court of Justice of the European Union - arguing that Union law should protect vulnerable workers. Judgment of the Court is pending.

Key findings will also inform two infringement complaints that I am currently compiling to the European Commission on the implementation of new benefit rules applied to EU nationals.
Sectors Communities and Social Services/Policy,Government, Democracy and Justice,Other
URL http://www.eurightsproject.co.uk
 
Description The project has had demonstrable impacts on a number of levels - for individuals and families, for advice organisations and advisers around the country, for decision makers, for lawyers, for local government, for litigation before the Supreme Court, for the UK parliament, and for EU institutions. Individuals and families: At the individual level, impacts so far include good outcomes for clients of the action research project - preventing homelessness, securing rights to reside, recovering benefits from DWP and HMRC, and challenging HMRC attempts to recover claimed overpayments. These were significant gains for clients (including awards in excess of £10,000). This has increased access to justice for clients in a complicated area of law in which they had no other support. These cases included different levels of advocacy, and included successful representation at tribunal. Advisers: At the adviser/advice organisation level, the project improved adviser understanding, both through publishing practitioner-aimed pieces in Poverty (O''Brien, C., Politically acceptable poverty, Poverty: Journal of the Child Poverty Action Group, 149, 2014, 15-17, and Adviser (O'Brien, C. 'The EU Rights Project', Adviser, 167, 2015, 8-11.) and through training. These worked together, in that the publications raised the profile of the project and prompted advisers to get in touch about difficulties they had. There was excellent engagement on the part of advice and other organisations in terms of training sessions drawing upon the research (held in York, Skipton, Harrogate, Coventry, Stoke, Brighton and Merthyr Tydfil) - again, demand for these outstripped capacity. This meant that the project was able to provide numerous training opportunities. This engagement has continued beyond the fieldwork stage, and even beyond the life of the project, with further training requested and given at the Welfare Benefits Unit forum in May 2018. Lawyers and judges: The project has led to further engagement with lawyers and judges, and I have been invited to present at practitioner conferences, in order to inform the legal profession of some of the access to justice problems faced at grassroots level by EU nationals in the UK. This included giving training at the Bingham Centre for the Rule of Law in October 2017, from which I received strong written feedback focused on how much had been learned, and how eye-opening the grassroots perspective was; the average score given anonymously, was 5/6, with 24% marking me as 6/6. The feedback included the following anonymous comments: 'Loved the examples and case studies' 'Case studies were useful and eye opening' 'Demonstrates why the UK needs to provide EU nationals and other non UK nationals the right to remain in/come to the UK.' I also presented at the Public Law Project conference in July 2017, and at the Hart Judicial Review conference in December 2017, alongside an impressive list of speakers, including Richard Gordon QC, James Maurici QC, Michael Fordham QC, Professor Richard Rawlings, Sir Patrick Elias QC, and The Rt Hon Lord Dyson, and Rhodri Thomas QC. I was the only woman presenting. The substantial audience included lawyers from the Government Legal Department, barristers, and judges; there were also representatives of the Cabinet Office, the Northern Ireland Civil Service, the Welsh Government; the Court of Justice of the European Union; Ofgem and Ofcom. A number of delegates came to find me afterwards to say how helpful the presentation was; 'wonderful, a real tonic', and 'magnificent'. Sinead Moloney, Hart's Editorial Director, has since written to me to say 'A number of the attendees singled your paper out for particular praise!' Feedback was again strong and focused on useful awareness raising and the eye-opening nature of the obstacles to justice identified - 74% gave an overall mark of 'excellent' - the highest score, and comments included: 'Very informative and good approach to the matter from another point of view'; 'Excellent, engaging seminar - wonderful to hear someone passionate about the subject as Charlotte'; 'This was a great talk, full of energy, I learnt a lot of new things from Charlotte.' Decision makers: My research led to improvements in practice; I reported problems and complaints were to HMRC and DWP. Among the responses was an undertaking to train all helpline advisers on a specific point about client rights - i.e. the fact that clients can keep an appeal on a past decision live while also making a new claim based on different circumstances. As a result of the project's work on administrative justice, I have been invited to join the academic panel of the Administrative Justice Council. Local government: I was invited to give evidence to the London Assembly, July 2017. My submission was quoted in the Assembly's letter to the mayor - accounting for 10 lines of the letter. Litigation before the Supreme Court: The project has contributed to high-level litigation. An output written as part of the project, on the rights of Zambrano families, was adopted by counsel before the UK Supreme Court, accounting for nine and a half minutes of the hearing. After explaining two key points in the article, Richard Drabble QC went on to say 'I go to those two paragraphs because they're short and make points that we wish to make, but the whole article plainly bears scrutiny. We recommend it to you', and later added 'we do say that Charlotte O'Brien got it dead right in the article, because the EU national child of a Zambrano carer is in a position which is not a wholly internal situation That's the whole driver of the analysis.' The Supreme Court judgment then also quoted the article: R (on the application of HC) (Appellant) v Secretary of State for Work and Pensions and others (Respondents) UKSC 2015/0215). UK Parliament: As a result of the work on the EU Rights Project, I was invited to give evidence to the House of Commons Committee on Exiting the EU, on 11 October 2017, alongside Konrad Schiemann, former Judge of the CJEU, and Sir Stephen Laws, former first parliamentary counsel. My oral evidence has been cited on the floor of the House of Commons, by Stephen Timms MP on the 12 October 2017; and at length by Joanna Cherry MP, Seema Malhotra MP and Stephen Timms MP during the European Union (Withdrawal Bill) debate, on 21 November 2017, columns 911-921. Stephen Timms MP has further referred to my evidence in an oral submission before the Committee for Exiting the European Union (para Q203). My evidence is drawn upon heavily in the House of Commons Exiting the European Union Committee on the European Union (Withdrawal Bill), First Report of Session 2017-19 (November 2017). It is referred to 8 separate times, accounting for 58 lines of text. (Report available here: https://publications.parliament.uk/pa/cm201719/cmselect/cmexeu/373/373.pdf) I have had two written submissions published by the House of Commons Exit Committee ('Written evidence submitted by Dr Charlotte O'Brien, Senior Lecturer at York Law School (EUB0016)' Published House of Commons, 15 Nov 2017: http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/exiting-the-european-union-committee/the-european-union-withdrawal-bill/written/73126.html); and 'Written evidence submitted by Dr Charlotte O'Brien, Senior Lecturer, York Law School, University of York (NEG0008)' Published House of Commons, 10 January 2018: http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/exiting-the-european-union-committee/the-progress-of-the-uks-negotiations-on-eu-withdrawal/written/75173.html) The second piece was drawn upon in the Committee's report on the progress of negotiations, and used it to formulate a specific demand of the government (House of Commons Exiting the European Union Committee 'The progress of the UK's negotiations on EU withdrawal: December 2017 to March 2018' Third Report of Session 2017-19 (HC 884, paras 1-33). The project has also contributed to raising the issue of EU nationals' rights in parliamentary debates, as it led to the tabling of parliamentary questions on interim payments in the House of Lords. EU institutions: The project has raised awareness among EU institutions; project findings have fed into a report to the European Parliament, (Reynolds, S (2016) 'Obstacles to the right of free movement and residence for EU citizens and their families: Country report for the United Kingdom' European Parliament, Report at: .). My work is mentioned seven times in the text and accounts for 44 lines. I also drew upon the project's work while co-writing reports for the EU Commission, as an analytical expert for the Free Movement and Social Security Coordination network (Van Overmerien, F. O'Brien C., Spaventa, E., Jorens, Y., Schulte, B. Analytical Report 2014, 'The notions of obdtacles and discrination under EU law on free movement of workers', Fressco Report, Brussles: EU Commission, pp. 48, 2014, http://ec.europa.eu/social/BlobServlet?docId=13535?Id=en; and O'Brien, C., Spaventa, E., De Coninck, J, Comparative Report 2015 'The concept of worker under Article 45 TFEU and certain non-standard forms of employment', Fressco Report, Brussels: EU Commission, pp. 228, 2016, http://ec.europa.eu/social/BlobServlet?docId=15476?Id=en). There are emerging and potential impacts at the EU institutional level, as I am compiling two infringement complaints to the EU Commission, based on the project findings. Bringing academics, advisers, lawyers, judges and the EU institutions together: I held a successful end of project workshop in June 2017, bringing together leading academics, practitioners, judges, policy makers and advice organisations, to talk about legal action research and how we can work together in the future. Participants included two representatives of the European Commission; two UK Upper Tribunal Judges; barristers, including a leading silk; the Director of the AIRE Centre, the Director of services for Shelter; senior welfare experts at Citizens Advice, the Child Poverty Action Group, and the Children's Society. Academic participants included Professor Catherine Barnard, Professor Kate Pickett, Professor Peter Dwyer, Professor Michael Dougan, Professor Eleanor Spaventa, Professor Stefano Civitarese Matteucci, Professor Niamh Nic Shuibhne, Professor Dorte Sindbjerg Martinsen, Professor Dora Kostakopoulou, and Professor Michelle Everson. I designed the two-day workshop around table discussions, with a seating plan, and a pre-distributed questionnaire, to ensure as much cross-sector experience sharing as possible, to guide discussion, and to ensure everyone interacted in a focused way. I have since been informed that one of the participants, Professor Stefano Civitarese Matteucci, has shared the questionnaire among his postgraduate students in Pescara as an example of excellent, innovative research event practice. The innovative format ensured that participants shared perspectives and learned a great deal from each other - to raise their awareness and impact upon their future work. Feedback was outstanding, described in evaluations as 'brilliant', 'all excellent', 'all rewarding', and the format as a 'revelation'. Many commented on how much they had learned from each other: 'fantastic to listen to and learn from people of all different backgrounds'; 'many useful contributions and particularly the chance to discuss and learn from a mix of lawyers/advisers and different EU perspectives'; 'Very useful discussing issues with those working on the front line and those working in different parts of Europe and the Commission.' The exposure to different perspectives was transformational for some; one participant reported 'It has completely changed my theoretical/conceptual understanding of the place and purpose of individual free movement in EU law'.
First Year Of Impact 2014
Sector Government, Democracy and Justice,Other
Impact Types Societal,Policy & public services
 
Description Citation in House of Commons EU Exit Committee Report
Geographic Reach Europe 
Policy Influence Type Contribution to a national consultation/review
Impact I drew upon findings from the EU Rights Project to submit evidence to the EU exit Committee on the progress of negotiations, in particular on the UK proposals for settled status for EU nationals. Those proposals rested upon EU citizens demonstrating that they met the conditions of Directive 2004/38 - having a right to reside, continuously, for five years. I argued that these conditions would disentitle swathes of women and children, and the Committee report (March 2018) cited my evidence and concluded: '33. The current proposals define 'residence' by reference to the provisions of the Free Movement Directive. The Directive does not cover a range of vulnerable categories of people who will be experiencing anxiety over their legal status in the UK. As a matter of priority, the Government must ensure that there are specific provisions and flexibility for such people to ensure eligibility for Settled Status that will cover vulnerable children and adults, particularly women who have had caring responsibilities or have been temporarily unable to work because of domestic abuse. The Government should also ensure that different types of part-time or irregular work are considered fairly and plans detailing this should be published as soon as practicably possible after the March negotiating round." The Home Office subsequently changed its proposals in June 2018, to not require a right to reside in accordance with Dir 2004/38, but instead to require lawful residence. This meant that hundreds of thousands of EU nationals who would have struggled to get settled status would now be entitled.
URL https://publications.parliament.uk/pa/cm201719/cmselect/cmexeu/884/884.pdf
 
Description Citation in Supreme Court judgment
Geographic Reach Europe 
Policy Influence Type Citation in other policy documents
URL https://www.supremecourt.uk/cases/docs/uksc-2015-0215-judgment.pdf
 
Description Cited heavily in submissions made to the Supreme Court
Geographic Reach National 
Policy Influence Type Citation in other policy documents
URL https://www.supremecourt.uk/watch/uksc-2015-0215/220617-am.html
 
Description Co-drafted an amendment to the Article 50 bill with Women's Equality Party and the Green Party; was tabled in House of Commons, and debated in House of Lords
Geographic Reach National 
Policy Influence Type Implementation circular/rapid advice/letter to e.g. Ministry of Health
 
Description Evidence cited in the Committee for Exiting the EU final report on the Withdrawal Bill
Geographic Reach Europe 
Policy Influence Type Citation in other policy documents
URL https://publications.parliament.uk/pa/cm201719/cmselect/cmexeu/373/373.pdf
 
Description Findings incorporated into report for the EU Commission
Geographic Reach Europe 
Policy Influence Type Citation in other policy documents
URL http://ec.europa.eu/social/BlobServlet?docId=15476&langId=en
 
Description Gave evidence at an event for the European Parliament on the problems with the citizens' rights provisions of the EU Withdrawal Agreement
Geographic Reach Europe 
Policy Influence Type Contribution to a national consultation/review
Impact My evidence led to an invitation to draft a letter for MEPs to send to the lead EU negotiator, Michel Barnier, on the citizens' rights provisions in the WA and the gaps therein. The letter was signed by several MEPs and sent. Barnier did not agree to make changes to the WA, but the letter did bring these gaps to the attention of policy makers at the highest levels.
URL http://www.lawsocieties.eu/events/implementing-brexit-a-rule-of-law-perspective-5-december/5066338.f...
 
Description Gave evidence to the London Assembly on discrimination experienced by EU nationals. Cited in letter to the mayor.
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
URL https://www.london.gov.uk/sites/default/files/london_assembly_brexit_directive_1_-_eu_citizens.pdf
 
Description Gave evidence to the London Assembly on problems with the settled status application process 28 November 2018
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
URL https://www.london.gov.uk/eu-exit-working-group-2018-11-28
 
Description Gave oral evidence to the House of Commons Select Committee for Exiting the European Union
Geographic Reach Europe 
Policy Influence Type Contribution to a national consultation/review
URL http://parliamentlive.tv/Event/Index/7b9cfa19-578f-4148-90b7-df3b5273e40b
 
Description HMRC agreed to revise practices and train advisors
Geographic Reach National 
Policy Influence Type Influenced training of practitioners or researchers
 
Description Invited member of the Public Law Project's Expert Working Group on Brexit and Immigration
Geographic Reach National 
Policy Influence Type Participation in a guidance/advisory committee
URL https://publiclawproject.org.uk/what-we-do/current-projects-and-activities/brexit/brexit-immigration...
 
Description Invited member of the academic panel of the Administrative Justice Council
Geographic Reach National 
Policy Influence Type Participation in a guidance/advisory committee
URL https://ajc-justice.co.uk/academic-panel/
 
Description Invited to roundtable meeting with MEP Theresa Griffin; she requested follow up activity
Geographic Reach Europe 
Policy Influence Type Implementation circular/rapid advice/letter to e.g. Ministry of Health
 
Description Membership of the European Commission's advisory body - the Free Movement and Social Security Network
Geographic Reach Asia 
Policy Influence Type Participation in a guidance/advisory committee
URL http://ec.europa.eu/social/main.jsp?langId=en&catId=1098
 
Description Project work cited in report on Social Security Advisory Committee consultation
Geographic Reach National 
Policy Influence Type Citation in other policy documents
URL https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/376102/HB-Habitual-Residen...
 
Description Providing specialist training to Advisers of EU migrants
Geographic Reach National 
Policy Influence Type Influenced training of practitioners or researchers
 
Description EEA Public Services Research Clinic: EEA PSRC
Amount £608,744 (GBP)
Funding ID ES/S007385/1 
Organisation Economic and Social Research Council 
Sector Public
Country United Kingdom
Start 07/2020 
End 11/2023
 
Description Knowledge exchange and impact related to Brexit
Amount £22,626 (GBP)
Organisation Economic and Social Research Council 
Sector Public
Country United Kingdom
Start 03/2017 
End 04/2017
 
Description Joint workshop with ESRC Welfare Conditionality project 
Organisation University of York
Department Welfare Conditionality
Country United Kingdom 
Sector Academic/University 
PI Contribution We worked together on a joint ESRC funding bid to hold a joint workshop on our findings and implications for Brexit.
Collaborator Contribution The Welfare Conditionality project organised the finalisation of the bid and the costings, and is administering the award and hosting the workshop.
Impact Successful bid leading to ESRC impact award to fund the workshop and related impact activity.
Start Year 2017
 
Description "A failed duty of care? the draft EU-UK Withdrawal Agreement denies unpaid carers key rights:: UK in a Changing Europe 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Invited to contribute a blog for the UK in a Changing Europe website on the rights of carers in the EU Withdrawal Agreement. Received a number of queries afterwards.
Year(s) Of Engagement Activity 2018
URL https://ukandeu.ac.uk/a-failed-duty-of-care-the-draft-eu-uk-withdrawal-agreement-denies-unpaid-carer...
 
Description "Brexit: The Uncivil War - what it told us, and what it didn't" 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Invited to contribute a review of Channel 4's 'Brexit: the uncivil war' on the basis of my commentary about empirical evidence and free movement (drawn from the EU Rights Project) throughout the referendum campaigns. The article had wide reach, with nearly 17 000 readers to date.
Year(s) Of Engagement Activity 2019
URL https://theconversation.com/brexit-the-uncivil-war-what-it-told-us-and-what-it-didnt-109532
 
Description "Gentlemen's agreements: proposals on the table for EU citizens' rights disadvantage women by design": EDF blog 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Invited to contribute a blog on the Equality and Diversity website on the gender gaps in the EU Withdrawal Agreement. Some readers contacted me to ask specific questions, and to note they hadn't realised about the gaps.
Year(s) Of Engagement Activity 2018
URL https://www.equallyours.org.uk/edf-gendering-brexit-blog-series-gentlemens-agreements-proposals-on-t...
 
Description An insubstantial pageant fading: a vision of EU citizenship under the AG's Opinion in C-308/14 Commission v UK 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Invited to analyse the AG Opinion on the case challenging the lawfulness of the right to reside test for Child Benefit and Child Tax Credit
Year(s) Of Engagement Activity 2015
URL http://eulawanalysis.blogspot.co.uk/2015/10/an-insubstantial-pageant-fading-vision.html
 
Description Article for The Independent on free movement post Brexit 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Wrote an article for the Independent on free movement post-Brexit
Year(s) Of Engagement Activity 2016
URL http://www.independent.co.uk/voices/brexit-europen-free-movement-eu-migrants-paying-their-way-europe...
 
Description BBC Radio York: Interviewed about Brexit debates in parliament, 17 January 2019 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Interviewed following the parliamentary defeat of the proposed withdrawal agreement. This led to follow up interview requests.
Year(s) Of Engagement Activity 2019
URL https://www.youtube.com/watch?time_continue=1&v=tcZBqgsSeZU
 
Description BBC Radio York: Interviewed about Brexit debates in parliament, 30 January 2018 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Invited to speak about the debated amendments to the Withdrawal Agreement, and the implications for EU citizens' rights.
Year(s) Of Engagement Activity 2019
URL https://t.co/BOq9Hk2zPf
 
Description BBC Radio York: Interviewed about Brexit debates in parliament, December 2018 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Interviewed about the debates in the lead up to the 'meaningful vote' on the Withdrawal Agreement in parliament. This led to further invitations to interview.
Year(s) Of Engagement Activity 2018
 
Description Brexit: what welfare, what rights for European migrants in Britain?, 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact I co-­organised this event with Peter Dwyer (University of York). The event brought together academics and NGOs working on the topic of the rights of EU nationals in the UK,. It
was held on the day Article 50 was triggered, and was a forum for discussion, and a showcase for research work undertaken for both the Welfare Conditionality project and the EU Rights Project. This demonstrates leadership of cross-­--university research initiatives.
Year(s) Of Engagement Activity 2017
 
Description Cameron's renegotiation and the burying of the balance of competences review 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Invited to contribute to the 'UK in a Changing Europe' Blog
Year(s) Of Engagement Activity 2016
URL http://ukandeu.ac.uk/camerons-renegotiation-and-the-burying-of-the-balance-of-competencies-review/
 
Description Contributed to expert panel in the Guardian on free movement of workers and Brexit 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Asked to write a response to a query about different models of the free movement of workers
Year(s) Of Engagement Activity 2016
URL https://www.theguardian.com/small-business-network/2016/mar/29/would-brexit-make-harder-hire-eu-work...
 
Description EU Rights Project Workshop 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Third sector organisations
Results and Impact I organised this event, with the help of Jed Meers. This event brought together leading academics, NGOs, practitioners and PhD students on the subjects of EU citizenship and social justice. Participants included two representatives of the European Commission (DG Employment); two UK Upper Tribunal Judges; barristers, including a leading silk; the Director of the AIRE Centre, the Director of services for Shelter; senior welfare experts at Citizens Advice, the Child Poverty Action Group, and the Children's Society. It was a chance to disseminate findings of the project, but also to bring all these different stakeholders together to discuss set questions and think about future collaboration.
Year(s) Of Engagement Activity 2017
 
Description EU Rights Project workshop 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Organised and led an end of project workshop for the EU Rights Project, showcasing the findings of the project and bringing together academics, advisors, other third sector orgs, such as the Children's Society, CPAG, Cit Advice, AIRE Centre; also lawyers and judges, and representatives of the European Commission. Feedback suggested interest in working together again. Several participants reported a change in their understanding of EU citizenship.
Year(s) Of Engagement Activity 2017
 
Description Full Fact blog on Child Benefit dimension of EU-UK New Settlement 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact FullFact commissioned a series of analyses on the 'New Settlement' conducted by 'some of the country's leading experts in EU law'; I was invited to contribute the one on Child Benefit: https://fullfact.org/europe/explaining-eu-deal-exporting-child-benefit/
Year(s) Of Engagement Activity 2016
URL https://fullfact.org/europe/explaining-eu-deal-exporting-child-benefit/
 
Description Gave a talk at children's rights event organised by the Children's Society and National Children's Bureau, on Brexit, EU citizenship and children 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact Gave two talks at the workshop, attended by children's rights organisations and practitioners, drawing upon project findings and effects of free movement rules upon children.
Year(s) Of Engagement Activity 2017
 
Description Gave a talk at workshop on "Brexit and Polish Nationals in Southampton: sharing experiences" 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Study participants or study members
Results and Impact Invited to speak about the EU Rights project findings at an event on Brexit and Polish Nationals in Southampton: sharing experiences. A number of EU nationals came to speak to me afterwards, to say their experiences chimed with my findings, and to ask where to find out more about my work.
Year(s) Of Engagement Activity 2019
 
Description Gave a talk in a Brexit- ask the expert event on free movement, in city of York 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Local
Primary Audience Public/other audiences
Results and Impact Gave a talk on free movement and EU nationals' rights, and contributed to Q&A
Year(s) Of Engagement Activity 2016
 
Description Gave a talk in the York event 'BREXIT: Making an Informed Decision' on free movement and EU citizenship 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Gave a talk based on my research about free movement rights and limits placed on EU citizenship
Year(s) Of Engagement Activity 2016
 
Description Gave a talk on the EU settled status proposals to disabled and deaf EU citizens 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Invited to speak at an event held by Disire, for disabled and deaf EU citizens, on EU settled status proposals. A number of attendees asked questions and raised important points about barriers they were facing, which I will take forwards in discussions with policy makers.
Year(s) Of Engagement Activity 2019
URL http://www.ukcen.co.uk/event/brexit-and-you-info-session-for-deaf-and-disabled-eu-citizens-in-london...
 
Description Gave a talk on the legal implications of Brexit - free movement in Liverpool 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Gave a talk held in the city of Liverpool on free movement and contributed to Q&A.
Year(s) Of Engagement Activity 2016
 
Description Gave a talk to practitioners and NGOs at the AIRE Centre conference 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact Spoke at a conference on EEA nationals' rights, funded by the EHRC. Spoke on a panel with the Child Poverty Action Group, and eminent barrister Desmond Rutledge. After the talk, a number of NGO participants came to speak to me to raise cases in which they had encountered similar problems and to ask for further updates.
Year(s) Of Engagement Activity 2018
 
Description Gave paper at the Public Law Project conference 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Gave paper on Brexit, welfare benefits, and the rights of EU nationals at PLP conference. Was approached by a number of members of the audience asking for further details and for possible collaboration. Several audience members reported a change of views, as they had not realised the complexity of the issues involved, or the administrative implications of Brexit.
Year(s) Of Engagement Activity 2017
URL http://www.publiclawproject.org.uk/data/files/North_2017_web.pdf
 
Description Genuine Prospects of Work Test 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact Invited to present at Child Poverty Action Group specialist seminar on the Genuine Prospects of Work test
Year(s) Of Engagement Activity 2015
 
Description Hart Judicial Review conference: Brexit and the free movement of people. 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact I gave an invited presentation alongside an impressive list of speakers, including Richard Gordon QC, James Maurici QC, Michael Fordham QC, Professor Richard Rawlings, Sir Patrick Elias QC, and The Rt Hon Lord Dyson. Helen Mountfield QC was replaced with Rhodri Thomas QC, meaning I was the only woman presenting. The substantial audience included a large number of lawyers from the Government Legal Department, many barristers, and a good number of judges; there were also representatives of the Cabinet Office, the Northern Ireland Civil Service, the Welsh Government; the Court of Justice of the European Union; Ofgem and Ofcom. The delegate list is attached. A number of delegates came to find me afterwards to say my presentation was 'wonderful, a real tonic', and 'magnificent'. Sinead Moloney, Hart's Editorial Director, has since written to me to say 'A number of the attendees singled your paper out for particular praise!'
Year(s) Of Engagement Activity 2017
URL https://www.bloomsburyprofessional.com/uk/hart/conferences/
 
Description Homelessness workshop in Amsterdam 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Third sector organisations
Results and Impact Presented at a workshop on homelessness in the EU, with other academics, third sector organisations and a representative of the Netherlands ministry of security and justice. Attendees reported interest in the project, and I was invited to a future conference in Amsterdam.
Year(s) Of Engagement Activity 2017
 
Description Interviewed by Newsweek on free movement proposals after Brexit 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Interviewed by Newsweek about the different proposals for free movement rules and employment rules after Brexit.
Year(s) Of Engagement Activity 2016
URL http://europe.newsweek.com/eu-migrants-jobs-brexit-immigration-theresa-may-proposal-negotiations-uk-...
 
Description Interviewed by the Financial Times about rights of EU nationals 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Public/other audiences
Results and Impact Interviewed by Financial Times about a ruling on the UK right to reside requirement for child benefits, and its effects upon EU nationals.
Year(s) Of Engagement Activity 2016
URL https://www.ft.com/content/5376d942-320a-11e6-bda0-04585c31b153
 
Description Interviewed on BBC Inside Out on rights of EU nationals 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Interviewed on BBC Inside Out as part of documentary on the rights of EU nationals and their experiences.
Year(s) Of Engagement Activity 2015
 
Description Interviewed on Radio York 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Interviewed on Radio York just after the General election on the implications for the Brexit negotiations and rights of EU nationals. Was invited back a week later for another interview as negotiations started.
Year(s) Of Engagement Activity 2017
URL https://www.youtube.com/watch?v=rV_zxg7uaOU
 
Description Interviewed on Radio York 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact Interviewed on Radio York about the start of Brexit negotiations, and rights of EU nationals.
Year(s) Of Engagement Activity 2017
URL https://www.youtube.com/watch?v=38POAR-F7Rc
 
Description Invitation to speak at an expert workshop at the Bonavero Institute for Human Rights, Oxford, on 'Civil Society in post Brexit Democracy', 1 October 2018 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Third sector organisations
Results and Impact Invited to speak at this workshop, on the topic of immigration and citizenship, 'with the aim of stimulating discussion about what the next big challenges are in this area'. There were participants from the Public Law Project, Liberty, the Bingham Centre for the Rule of Law, and Doughty Street Chambers, among others. My talk led to an invitation to be on the Public Law Project's Immigration, and Administrative Justice Working Group.
Year(s) Of Engagement Activity 2018
URL https://www.law.ox.ac.uk/events/civil-society-post-brexit-democracy
 
Description Keynote speaker at Citizens Advice York conference 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Third sector organisations
Results and Impact Gave keynote talk to Citizens Advice York on rights of EU nationals and Brexit
Year(s) Of Engagement Activity 2016
 
Description Knowledge exchange events with practitioners and advisers 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Further referrals and submissions of evidence, and further invitations to speak.

Dissemination throughout organisations represented
Year(s) Of Engagement Activity 2014
 
Description Media interest (interview with the Today programme) 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Media (as a channel to the public)
Results and Impact Interview yet to be broadcast at time of writing
Year(s) Of Engagement Activity 2014
 
Description Presentation at the Welfare Benefit Unit forum 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Third sector organisations
Results and Impact Gave a talk on the key findings of the project and issues for advisers to look out for in coming years
Year(s) Of Engagement Activity 2016
 
Description Presenting at the Law Centres Network Living Rights project conference: Best practice in supporting vulnerable EEA nationals and their families 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Third sector organisations
Results and Impact I gave the keynote speech on Brexit, equality and human rights. The coordinator of the Law Centres Network Living Rights project wrote to me afterwards to say: 'Many, many thanks for your excellent presentation and contributions. Everyone mentioned how much they enjoyed them.'
Year(s) Of Engagement Activity 2017
 
Description Public lecture: EU migrants and xenophobic law making 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Public/other audiences
Results and Impact One of four Open Course lectures organised by the Law School on the subject of 'Law, Government and the Public'. Was approached afterwards and asked to give a number of other talks.
Year(s) Of Engagement Activity 2015
 
Description Training for a range of practitioners at the Bingham Law Centre 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact I delivered this training, and received strong written feedback; my average score from scores given anonymously, was 5/6, with 24% marking me as 6/6. The feedback included the following anonymous comments:

'Loved the examples and case studies'
'Case studies were useful and eye opening'
'Demonstrates why the UK needs to provide EU nationals and other non UK nationals the right to remain in/come to the UK.'
Year(s) Of Engagement Activity 2017
 
Description Training for staff at the European Trade Union Institute, Brussels 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Invited to give a talk to the European Trade Union Institute on the difficulties Zambrano carers face accessing social rights in Member States.
Year(s) Of Engagement Activity 2019
URL https://www.etui.org/events/monthly-forum-eu-social-protection-reform-reducing-the-vulnerability-of-...
 
Description Training lawyers and other practitioners at the Academy of European Law 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Professional Practitioners
Results and Impact Asked to give a paper at the ERA annual conference on social security law, on social security for EU nationals in the UK after Brexit
Year(s) Of Engagement Activity 2019
URL https://www.era.int/upload/dokumente/21371.pdf
 
Description Why the EU emergency brake is sexist 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Wrote a piece for the Conversation. Was reproduced in the Independent. Was promulgated on social media, e.g. Natalie Bennet tweeted about it. It was listed by Politics Home (who have 70 000+ followers) as one of the day's five key political pieces, alongside the work of Owen Jones and Joshua Rozenberg.
Year(s) Of Engagement Activity 2016
URL http://www.independent.co.uk/voices/why-the-eu-emergency-brake-on-migrant-benefits-is-sexist-a685493...
 
Description Wrote an article for Positive News about free movement 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Was asked to write an article for Positive News about the free movement of people
Year(s) Of Engagement Activity 2016
URL https://www.positive.news/2016/society/politics/21177/eu-in-or-out/
 
Description YorkTalks 2016 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Gave talk at YorkTalks 2016 entitled 'EU migrant Benefit cuts: the pillory, the precipice and the slippery slope'. YorkTalks is a showcase of some of the university's most innovative and thought-provoking research.
Year(s) Of Engagement Activity 2016
URL https://youtu.be/Iz-dY3g-ZAI