Schedule 10 — last resort
Schedule 10 (Para 9) — this is the last door to housing if you are on immigration bail and do not qualify for Section 95 or Section 4. You apply using form BAIL 409. Low success rate. You need a solicitor. Free help — BID (Bail for Immigration Detainees).
But if you are on immigration bail and have no other options — it is worth trying. Especially with a good solicitor (BID specialises in bail).
4 conditions (all at the same time)
You have a letter Bail 201 from the Home Office or FtT. Most asylum seekers are de facto on immigration bail. More details →
No money + no housing (or housing is unacceptable — for example, you sleep in a car, park, on the floor at different people's places).
You should have applied for S95 / S4 first. Schedule 10 is a fallback, not the first route. You need to prove that you tried S95/S4 and did not get it.
Without housing you would be in conditions of inhuman / degrading treatment. This requires evidence — medical, expert opinions, circumstances.
Forms — BAIL 409 + sometimes B2
If bail was granted by the Home Office — fill in BAIL 409 and send it to the Home Office with evidence of destitution and that destitution + breach of human rights.
Download: gov.uk → accommodation-under-schedule-10
B2 form — if bail was granted by FtT (Tribunal)
First you need to submit B2 to change bail conditions (for example, move from FtT to the Home Office). Then BAIL 409. This is more difficult — you definitely need a solicitor.
What to attach:
- Evidence of destitution (as for S95)
- Evidence that you applied for S95/S4 and did not get it
- Argument about breach of Article 3 ECHR — why no housing is a rights violation
- Medical documents if applicable
Who helps with Schedule 10 (free)
📞 020 7456 9750 · 📧 legal@biduk.org
Main specialists in immigration bail in the UK. Free representation and advice. You can email them describing your situation, they will tell you if they can take your case.
Civil Legal Aid solicitor
gov.uk/find-a-legal-adviser — search by postcode.
If you have low income — free. Ask for a solicitor with experience in Schedule 10 cases.
ASAP — to understand the whole system
ASAP do not handle Schedule 10 themselves, but they can advise how to combine it with an asylum support appeal.
What you get on Schedule 10
- Housing — usually shared accommodation, no choice basis
- Sometimes basic subsistence — depends on the case. It can be like S4 (£49.18 without cash) or less.
- NHS — free healthcare continues
Exact details — in your conditions, which the Home Office will issue after approval.
If you are refused Schedule 10
- Judicial Review in the High Court — argument: the Home Office applied the policy incorrectly / did not consider Article 3 evidence.
- Re-apply with additional evidence (new medical evidence, new destitution evidence).
- In parallel — try S4 again if there are grounds (one of the 5 reg 3 criteria).
- If completely destitute — emergency charity help, food banks, faith groups.
Frequently asked questions
What is Schedule 10?
Para 9 of Schedule 10 of Immigration Act 2016 — this is a provision under which the Home Office MAY give housing (and sometimes money) to people on immigration bail who are destitute and do not qualify for Section 95 or 4. 'May' — not 'must'.
Who qualifies?
All 4 conditions at the same time: 1) on immigration bail; 2) destitute (no money and no housing); 3) does not receive / cannot get S95 or S4; 4) no housing = breach of human rights (Article 3 ECHR — inhuman or degrading treatment).
Which form?
BAIL 409 — to apply if bail was granted by the Home Office. If bail was granted by FtT (First-tier Tribunal) — first use B2 form to change bail conditions, then BAIL 409. Difficult without a solicitor.
Why is it a 'last resort'?
Low success rate. The Home Office treats Schedule 10 as an exception to standard asylum support — you need to prove 'exceptional circumstances'. It is not a fast route.
How much do you get?
Housing (no choice) + sometimes basic subsistence. Details depend on the case. Usually less than S95.