Activity 3: "The Unregulated Adviser"

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The Unregulated Adviser

by Ibsen's cat

Foreword:

Below is a record of an imaginary conversation between an unregulated adviser working for a small refugee community organisation and a client who drops in to enquire about claiming asylum. It is divided into 10 scenes. Look at each scene and consider:

  • Does it amount to advice?
  • Does it relate to a 'particular individual'?
  • Is it about a 'relevant matter'?

Questions:

  1. At what points do you think this advisor may be committing a criminal offence?
  2. What would you do differently to ensure you do not commit an offence?
  3. Imagine a scenario where it is obvious to you that the client should make an asylum claim, but the client does not know about asylum. How would your approach change?

It might be best to do this in a group...

Dramatis Personae:

  • An Adviser
  • A Client
  • A Narrator (when lacking the necessary stage and props)

Act 1, Scene 1

[An interview room at a typical refugee support agency. An adviser walks in with a client.]

Adviser: How can I help you today?

Client: I want to claim asylum.

Adviser: Okay, I'm not sure I can help you…

Client: I just need to know how to claim – I don't know where to go or what to do. I tried going to a police station, but they just sent me here.

Act 1, Scene 2

Adviser: Okay, I think I can give you some information on that. Give me a minute to find what you're looking for.

[Adviser googles 'claiming asylum in the UK', locates the relevant pages on GOV.UK and prints out all the information pages except the one on 'if you are under 18' because the client has previously given his age as 35.]

Adviser: Here we go. Here is some information I found on the government website. It tells you how to register your claim and a little bit about the process.

[Adviser gives printouts to client]

Act 1, Scene 3

Client: I'm sorry – I can't read English very well, can you read it to me?

Adviser: Okay

[Adviser commences reading from the beginning, but is interrupted by the client]

Act 1, Scene 4

Client: Sorry – I don't need to know all of this. Can you just tell me what I have to do in order to claim?

[Adviser looks through the printouts, then begins reading from the section headed 'Register your claim' until the client interrupts again]

Act 2, Scene 1

Client: What does it mean by “if you become eligible”? How do I know if I've become eligible?

Adviser: The purpose of an asylum claim is to give the authorities the opportunity to work out whether or not you are eligible for asylum – I think they just put that there to put people off claiming when they haven't got a case. Shall I continue, or do you want me to read the section on eligibility first?

Client: No – it's okay. Carry on.

[Adviser reads down to the end of the section on 'how to make an appointment']

Act 2, Scene 2

Client: Can I be detained while I'm claiming asylum?

Adviser: It says: 'unless you've been detained' on the next page, so it's definitely possible. I know of a few former clients who were detained, but it doesn't happen very often. If you're worried about this, you could try speaking to a solicitor.

Act 2, Scene 3

Client: I went to a solicitor, but I only spoke to the reception person who said they couldn't see me unless I had already claimed asylum. Do you think I will be detained?

Adviser: I'm not sure. What's your nationality?

Client: I'm from India.

Adviser: Hmmm… I think that's a white list country. Is it just you claiming, or do you have family?

Act 2, Scene 4

Client: Yes, I'm here with my family – my wife and my son. He's going to be 3 next week.

Adviser: I think it's very unlikely that you will be detained – they don't normally detain families with children.

Act 3, Scene 1

Client: Can you call them to make an appointment for me?

Adviser: No, I'm sorry, according to our policy I'm not allowed to do that.

Client: I don't have credit on my phone and I've not got any money…

Adviser: You could make the phone call from this phone, but you will have to speak to them yourself. Do you want to do that?

Client: Yes, if that's okay.

[Adviser picks up the handset, dials the number and hands the phone to the client. Client has a conversation for about 5 minutes and then hangs up]

Act 3, Scene 2

Client: Can I have a piece of paper? I just need to write down details of the appointment.

Adviser: Of course, here you are…

Client: Thank you. Can you give me a map of where I need to go? It's in Croydon – I think it's the address you read out to me.

Adviser: Yes, of course.

[Adviser wraps up interview, giving the client a map and the previously printed material. Client leaves.]

Answers

You will find the answers in downloadable PDF format late in the curriculum!

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