About this guidance

This guidance replaces the Immigration Bail – interim guidance in relation to Schedule 10 accommodation. This guidance tells decision makers about access to accommodation as provided for under Schedule 10 to the Immigration Act 2016.

Reference to decision makers in this guidance means all persons acting on behalf of the Secretary of State on immigration bail matters; this includes immigration officers.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email Immigration Bail Policy.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Review, Atlas and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 1.0
• published for Home Office staff on 31 January 2025

Changes from last version of this guidance

This guidance replaces the Immigration Bail – interim guidance in respect of Schedule 10.

The content of the Schedule 10 guidance has also been amended to:

• include information about a residence condition, in relation to eligibility for accommodation under Schedule 10
• minor updates to the Applications for Accommodation section to reflect operational processes
• updates to the Bail Accommodation section to provide clarity on the levels of accommodation - this section has also been amended with the updated timeframe for His Majesty’s Prison and Probation Service (HMPPS) to consider a proposed address for an FNO who is subject to a prison licence
• include minor drafting updates, including updated and additional titles throughout to make the content clearer for the user

Related external links

• Schedule 10 to the Immigration Act 2016

Eligibility for accommodation under Schedule 10

This page tells you about who is eligible for accommodation under paragraph 9 of Schedule 10, to enable a person to meet their immigration bail conditions in specified circumstances.

There may be circumstances where a person is granted immigration bail subject to a residence condition requiring them to live at an address specified in the condition, and the person would not be able to support himself or herself at that address without the assistance of the Secretary of State. Under paragraph 9 of Schedule 10, the Secretary of State may provide, or arrange for the provision of, facilities for the person’s accommodation at that address to enable the bail condition to be met, but only in exceptional circumstances. This will only be provided for a limited period.

An “address specified” for the purposes of paragraph 9 of Schedule 10 must be read to mean an address that is known at the time of the grant or variation of immigration bail, or an address that is yet to be specified (for example where someone does not have their own address and requires one to be provided to them under paragraph 9 of Schedule 10).

Residence condition

A residence condition is a bail condition that requires the person to live at a specified address (or an address to be specified). A residence condition should only usually be imposed as a condition of bail where residence at a particular address is necessary to enable a high level of contact or mitigate against a serious risk of non-compliance. This is more likely where the person poses a high risk of harm to the public on the basis of criminality or in cases concerning national security.

If a residence condition has been imposed, it will be detailed as a bail condition on the BAIL 201 or the First-tier Tribunal bail grant document.

For more information about a residence condition refer to the Immigration bail guidance.

Exceptional circumstances

The power may be exercised only if the Secretary of State thinks that there are exceptional circumstances to justify doing so. The types of cases where exceptional circumstances will normally justify providing accommodation under paragraph 9 of Schedule 10 may include, but are not limited to, Special Immigration Appeals Commission (SIAC) cases, Harm cases and European Convention on Human Rights: Article 3 cases.

Special Immigration Appeals Commission cases

These are cases involving people granted bail by the Special Immigration Appeals Commission (SIAC), where exceptionally strict bail conditions, including a residence condition, are imposed to control the risk posed by the individual.

Harm cases

Cases involving:

• people – including Foreign National Offenders (FNOs) – who are granted bail and who are currently assessed by HMPPS as being at a high or very high risk of causing serious harm to the public
• FNOs at high risk of harmful reoffending against an individual – for example, offences of domestic burglary, robbery, sexual assaults and violence – who are assessed using the Offender Group Reconviction Scale (OGRS) with a minimum score of 70%

where that person has nowhere suitable to live in accordance with their probation licence and/or multi-agency public protection arrangements (MAPPA), for a limited period, or otherwise at the discretion of the Home Secretary in the interest of public protection.

Serious Harm: definition

For the purpose of Harm cases in this section, the expression “serious harm” is defined as:

“An event, which is life-threatening and/or traumatic, from which recovery, whether physical or psychological, can be expected to be difficult or impossible.”

The level of risk of serious harm is the likelihood of this event happening. The levels are:

• low: current evidence does not indicate a likelihood of causing serious harm
• medium: there are identifiable indicators of serious harm – the offender has the potential to cause such harm but is unlikely to do so unless there is a change in circumstances, for example failure to take medication, loss of accommodation, relationship breakdown, drug or alcohol misuse
• high: there are identifiable indicators of risk of serious harm – the potential event could happen at any time and the impact would be serious
• very high: there is an imminent risk of serious harm – the potential event is more likely than not to happen imminently and the impact would be serious

The categorisation of risk is refined by reference to those who may be the subject of that harm; they include:

• the public, either generally or a specific group such as the elderly, vulnerable adults – for example, those with a learning disability – women or a minority ethnic group
• known adult such as a previous victim or partner
• children, who may be vulnerable to harm of various kinds, including violent or sexual behaviour, emotional harm or neglect
• staff, anyone working with the offender whether from Probation, the Prison Service, the police or any other agency – this relates to all forms of abuse, threats and assaults that arise out of their employment

European Convention on Human Rights: Article 3 cases

It may be appropriate to consider using the power to provide accommodation under paragraph 9 to accommodate individuals who are not SIAC or harm cases, but only usually where both of the following circumstances apply:

• they do not have adequate accommodation or the means of obtaining it
• the provision of accommodation is necessary in order to avoid a breach of their human rights (usually rights under Article 3 ECHR)

The following categories of migrant will in practice be able to obtain adequate accommodation from another source. It will therefore not usually be necessary to provide accommodation under the paragraph 9 power for the purposes of preventing a breach of their Article 3 ECHR rights:

• asylum seekers: they may be provided with accommodation under the powers set out in sections 95 or 98 of the Immigration and Asylum Act 1999 if they do not have adequate accommodation or the means of obtaining it - if an asylum seeker being released from immigration detention on bail does not appear to have adequate accommodation or the means of obtaining it and is not a SIAC or Harm case it may be appropriate to arrange accommodation under section 98 of the 1999 Act - further detail on this process can be found under Asylum Accommodation
• failed asylum seekers: they may be provided with accommodation under the powers set out in section 4(2) of the 1999 Act if they do not have adequate accommodation or the means of obtaining it
• other migrants who have dependent children: if the family cannot obtain adequate accommodation, it will usually be available through the duties local authorities have to safeguard and promote the welfare of children under Section 17 of the Children Act 1989, or the equivalent in the devolved administrations
• migrants accommodated under the provisions of the Care Act 2014, or the equivalent in the devolved administrations – generally, they will have been accommodated because they have a serious disability, exceptionally, however, accommodation may be arranged temporarily under the power in paragraph 9 whilst the case is referred to a local authority and pending a decision by that local authority as to whether the duty to provide accommodation under the Care Act 2014 (or equivalent) applies

Undertaking a Human Rights Assessment

The consideration of whether the provision of accommodation is necessary to avoid a breach of the person’s human rights will usually require an assessment of whether they are likely to suffer inhuman or degrading treatment contrary to Article 3 of the European Convention on Human Rights (ECHR) if they are not provided with accommodation and other assistance to meet their daily living needs while they are in the UK. However, decision makers should only provide accommodation for these reasons if it is clear that the person cannot reasonably be expected to leave the United Kingdom. Otherwise, individuals can avoid a breach of their human rights by leaving the UK.

Article 3 of the European Convention on Human Rights (ECHR) is the prohibition on torture or inhuman or degrading treatment or punishment.

When it appears on a fair and objective assessment of all relevant facts and circumstances that an individual applicant faces an imminent prospect of serious suffering caused or materially aggravated by denial of shelter, food or the most basic necessities of life, this is likely to be considered inhuman or degrading treatment contrary to Article 3 of the ECHR (see: R (Limbuela) v Secretary of State [2005] UKHL 66).

The decision maker will therefore need to assess whether the consequences of a decision to deny a person accommodation would result in a person suffering such treatment. To make that assessment it may be necessary to consider if the person can obtain accommodation and support from charitable or community sources or through the lawful endeavours of their families or friends.

Where the decision maker concludes that there is no support from any of these sources then there will be a positive obligation on the Secretary of State to accommodate the individual in order to avoid a breach of Article 3 of the ECHR.

However, if the person is able to return to their country of origin, including using support available under the Voluntary Returns Service, and thus avoid the consequences of being left without shelter or funds, the situation outlined above is changed. This is because of the following:

• there is no duty under the European Convention on Human Rights to support foreign nationals who are freely able to return home (see: R(Kimani) v Lambeth LBC [2003] EWCA Civ 1150)
• if there are no legal or practical obstacles to return home, the denial of support by a local authority does not constitute a breach of Human Rights (see: R (W) v Croydon LBC [2007] EWCA Civ 266)

A genuine obstacle would only usually exist if either:

• the person is unable to leave the UK because of a physical impediment, or other medical reason:
  • the test here is usually whether the person is physically able to travel by air to their country of origin or another country where they may be admitted
  • a person who claims to be unfit to travel will usually need to provide supporting evidence from a medical practitioner
• the person is unable to leave the UK because they do not have the necessary travel documentation but are taking reasonable steps to obtain one:
  • reasonable steps should usually be taken to mean that they have applied for the necessary travel document from their national embassy, but may include where they are complying with Home Offices processes to obtain an emergency travel document to facilitate their return

Unwillingness to return is not the same as inability to return, so where there is a genuine obstacle to return the person can be expected to take steps to resolve the obstacle where it is reasonable to do so (for example by applying for a travel document through the national embassy or high commission).

If there are no legal or practical obstacles preventing the person leaving the United Kingdom, it will usually be difficult for a person to establish that the Secretary of State is required to provide support in order to avoid breaching their human rights.

Clearly, however, if there are obstacles in place that mean the person cannot leave the United Kingdom, or they are taking reasonable steps to put themselves in a position whereby they can leave the United Kingdom but there is likely to be an unavoidable delay in those steps reaching fruition, then it may be necessary to continue to provide accommodation support to avoid the inhuman treatment and breach of Article 3 rights described above.

If a decision maker is unsure as to whether it would be appropriate to provide, or continue to provide, support in any given case, a senior caseworker should be consulted as part of your decision-making process.

Other categories of migrant likely meet the Article 3 test

There are a small number of migrants who are likely to require accommodation under paragraph 9 to avoid a breach of their Article 3 rights, if they do not have accommodation or the means of obtaining it. They will have at one time claimed asylum but are not eligible to receive accommodation under sections 95, 98 or 4(2) of the 1999 Act. These are:

• people who have withdrawn their asylum claim, including where the claim has been treated as impliedly withdrawn under paragraph 333C of the Immigration Rules, but have since made further submissions and the submissions are still outstanding – if it is decided to treat the further submissions as a fresh claim for asylum the person will be eligible to receive support under section 95 or 98 of the 1999 Act
• people who have withdrawn their asylum claim but are taking reasonable steps to leave the UK or are temporarily unable to take those steps because of a physical impediment or some other medical reason
• people who were refused asylum and exhausted their appeal rights before they reached 18 years of age and who are not eligible to receive support under the Children Act 1989 or equivalent legislation in Scotland, Wales and Northern Ireland

Other categories of migrant likely meet the Article 3 test

If the migrant or foreign national offender does not fall within any of the previous categories (SIAC, Harm, Art 3 ECHR) of exceptional circumstances, you should proceed to consider whether there are any other exceptional circumstances in their case which might nonetheless warrant the grant of Schedule 10 accommodation.

This discretion should be used sparingly where there are specific factors that make it appropriate for the person to be provided with accommodation notwithstanding that they are not a SIAC case, a Harm case or an article 3 case as set out above.

Each individual case should be assessed on its own merit, with regards to all available evidence and contents of any applications carefully considered to ensure matters which might be considered exceptional have been identified. If the decision is taken not to grant accommodation, reasons should be provided to the individual as to why their circumstances have not been considered exceptional.

Applications for accommodation

Applications for accommodation under paragraph 9 of Schedule 10 should be made via the BAIL 409 application form. The BAIL 409 form is available to those who are detained under immigration powers and is required in addition to any application for immigration bail. It is also available on GOV.UK for those already on immigration bail in the community. The completed BAIL 409 must be sent to the address set out on the form.

Detained individuals who are Special Immigration Appeals Commission (SIAC) cases or detained foreign national offenders are not required to make a separate request for accommodation under paragraph 9 of Schedule 10. They should set out their needs in the bail application form or BAIL 409 as appropriate, and these will be assessed as part of the bail consideration process.

Consideration of SIAC and harm criteria will be made by caseworkers as part of an internal referral procedure to the Foreign National Offender Returns Command Accommodation Team. When considering SIAC and harm criteria caseworkers must provide notification to the individuals on form BAIL 411 that their eligibility for Schedule 10 accommodation is being considered and to provide the individual an opportunity to raise any exceptional circumstances on form BAIL 409.

Asylum seekers or failed asylum seekers can apply for Asylum accommodation.

Consideration timescales

Generally, decisions on eligibility for Schedule 10 accommodation and support from non-detained people should be made within 5 working days, but decision makers must give careful consideration to any additional factors that call for the case to be given higher priority and make the decision more quickly.

If any of the following circumstances apply, the decision maker must make reasonable efforts to decide the application within 2 working days (the list is not exhaustive):

• people who are street homeless
• families with children under the age of 18
• people with disabilities (physical and/or mental)
• elderly people
• pregnant women
• people who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence
• potential victims of trafficking

Decisions on eligibility for Schedule 10 accommodation and support from those who are detained and where bail has been granted should be made as soon as is reasonably practicable.

Where someone meets the requirements for accommodation under Schedule 10, further time may be required to source appropriate accommodation. Paragraph 3(8) of Schedule 10 provides that the commencement of a grant of bail may be specified to be conditional on arrangements specified in the grant of bail notice being in place to ensure that the person is able to comply with the bail conditions. The authority granting bail (First-tier Tribunal or Secretary of State) may use the provision to postpone the start of a grant of immigration bail until appropriate accommodation is available, if it is anticipated that there will be a delay.

Section 12 of the Illegal Migration Act 2023 set out that detention can be maintained for a further period which is reasonably necessary to enable arrangements to be made for a person’s release.

Variation of bail

The power to vary the condition or conditions of immigration bail is in paragraph 6 of Schedule 10 to the Immigration Act 2016. This provides for any of the conditions of immigration bail granted to a person to be amended or removed, or for one or more new conditions to be imposed on the person.

The power to vary immigration bail conditions can be exercised by the Secretary of State in either of the following circumstances:

• the grant of immigration bail was by the Secretary of State
• the grant of immigration bail was by the First-tier Tribunal but the Tribunal has explicitly directed the power can be exercised by the Secretary of State

The power to vary immigration bail conditions can be exercised by the First-tier Tribunal if the immigration bail was granted by the Tribunal and it has not directed that the power to vary bail conditions can be exercised by the Secretary of State.

Applying to vary bail conditions

Where an individual is not subject to a residence condition, but they are applying for accommodation under Schedule 10, they may request for their bail conditions to be varied to include a residence condition on the BAIL 409 application form.

Bail conditions can be varied to include a residence condition at an address yet to be specified, where the individual does not have a residence condition imposed and a refusal of accommodation would be in breach of their Article 3 ECHR rights.

Where the First-tier Tribunal has retained responsibility for the bail and the individual is seeking to vary their conditions to include a residence condition before making an application for accommodation under Schedule 10, they must complete a B2 form for the Tribunal to consider. Further guidance can be found on the B2 application form.

A residence condition alone will not be sufficient to qualify for accommodation under Schedule 10. The individual must also be unable to support themselves at the address and satisfy the exceptional circumstances requirement.

For more information about varying immigration bail conditions refer to the Immigration bail guidance.

Right to rent

People who have been granted immigration bail by the Tribunal subject to a residence condition and/or electronic monitoring condition are exempt from Right to Rent requirements and Atlas must be updated with permission to rent. These people therefore have the option to secure accommodation at their own expense.

Bail accommodation

There are 3 levels of bail accommodation. The level of accommodation allocated to a person is based on their individual circumstances, including offending history and any known disabilities or medical needs.

The specific address is allocated by the accommodation provider based on information provided by the Home Office in a referral, which assists the provider to source suitable accommodation. The referral may include but is not restricted to the level of accommodation, known medical information, criminal history, probation requirements.

The levels are:

Level 1 – initial accommodation (IA).

This is generally high, multiple-occupancy accommodation which contains shared spaces used by families and individuals. This accommodation is usually located in high-density urban residential areas.

This level of accommodation:

• accommodates single persons of either gender and lone parents
• is unlikely to be suitable for foreign national offenders (FNOs), however there may be circumstances where an FNO requires accommodation urgently to release them from detention or to prevent homelessness, whilst more suitable accommodation is sourced. In such cases level 1 initial accommodation may be provided - where the FNO is on licence the address will need to be agreed by the Offender Manager

Level 2 – dispersal accommodation (DA)

This is generally high, multiple-occupancy accommodation which contains individual accommodation but often with shared common spaces.

This level of accommodation:

• accommodates lone adult males. They do not share accommodation with families or lone females
• is likely to be suitable for the majority of FNOs - suitable accommodation will be allocated based on the individual circumstances, including offending history. Where the FNO is on licence the address will need to be agreed by the Offender Manager

Level 3 – complex cases

There is no separate accommodation type for this level.

Level 3 is assigned to complex cases, where there are specific accommodation related requirements. The specific requirements may relate to limitations on the type and/or location of the accommodation in which the person can be placed, due to the risk the person poses based on their offending history or to the type of accommodation required due to the persons known disabilities or medical needs.

It may involve increased provider liaison with the relevant local authority and police in sourcing appropriate accommodation. For example, a specific location or exclusion area could be requested such as how far the service user should be from local amenities or schools, in addition to any requirements from the Offender Manager, where there is one. Accommodation provider’s staff may also have specialist training to provide increased risk awareness.

This level of accommodation may be appropriate:

• for FNOs receiving Schedule 10 accommodation because they meet the harm criteria and where their Offender Manager has assessed them as requiring level 3
• where there is no Offender Manager (as the FNO is not subject to release on licence) but they are assessed as requiring level 3 based on their offending history on a case-by-case basis
• where there are accommodation related needs based on the persons disability, medical needs or vulnerabilities - this could relate to accessibility needs

For vulnerable persons including those with disabilities and medical needs, the level and type of accommodation allocated will vary according to individual needs and level 3 may not be required in every case. Suitable accommodation will be allocated according to the information available.

The level and type of accommodation allocated must be reviewed in light of any new relevant information.

Foreign National Offenders under prison licence

FNOs granted bail whilst still under prison licence will need to have their proposed bail address approved by HM Prison and Probation Service (HMPPS) (or devolved equivalents in Scotland and Northern Ireland). The agreed timeframe for HMPPS to consider an address is approximately 10 working days. While this target reflects HMPPS’ commitment to improving address check efficiency, it is important to note that each case will be assessed on its own merits, and complex or high-risk cases may require additional time to ensure thorough and accurate decision-making. The police and other related partners may also have an interest in approving addresses for those who are not under licence.

Decisions for accommodation

Grant of accommodation

Where a person is assessed to meet the requirements under paragraph 9 of Schedule 10 they will be informed of this in writing (directly or via their representative). Further information about the specific address and travel to that address is provided once accommodation has been sourced.

Refusal of accommodation

Where a person requests bail accommodation but the decision maker considers that they do not meet the criteria for accommodation under paragraph 9 of Schedule 10, the request must be rejected using the appropriate response in the Refusal to Provide Accommodation form (BAIL 203), setting out the reasons for the decision.

This should be done regardless of whether the person has been granted bail in principle.

Period of support

Accommodation support is provided for a limited period only, whilst the supported person makes arrangements either to leave the UK or to move to alternative accommodation. This period is expected to be no longer than three months, unless there are exceptional circumstances to justify continuing it, for example:

• European Convention on Human Rights – Article 3 cases
• public protection issues
• the person is compliant with the returns process and is likely to be returned within a reasonable timescale

Asylum accommodation

The Home Office has a legal obligation to support asylum seekers (including any dependants) who would otherwise be destitute. Asylum seekers can apply for accommodation, subsistence, or both accommodation and subsistence support.

Support is provided under section 95 of the Immigration and Asylum Act 1999 (for asylum seekers and their dependants) or section 4 of the same Act (for failed asylum seekers and their dependants) if they meet relevant eligibility criteria (see Assessing destitution and Section 4 guidance). Support may also be provided under section 98 of the 1999 Act whilst it is determined whether the applicant is eligible for support under section 95 (and in certain circumstances where an individual is applying for section 4 support).

For individuals who are detained, any agreement to provide asylum accommodation will be subject to the person subsequently being granted bail.

Section 98 support operational process: FNOs in detention

Where foreign national offenders (FNOs) have been granted bail in principle by an Immigration Judge on the basis of accommodation being sought and approved by the Probation Service, their asylum support application will be considered whilst they remain in detention. This is to enable destitution checks to be completed, and suitable accommodation to be located and approved by the Probation Service.

Section 12 of the Illegal Migration Act 2023 provides that detention may be maintained for a further period as is reasonably necessary to enable arrangements to be made for the person’s release.

There may be occasions where a section 95 or section 4 application has been made which cannot be decided quickly (for example, due to a need for further information), and to wait for such information would make their period of detention no longer reasonable and therefore unlawful. In such cases, the FNORC Accommodation Team (FNORC AT) caseworkers should conduct an assessment of eligibility for section 98 support. This will include a brief destitution assessment in line with the Assessing destitution guidance. Individuals applying for section 4 support will only be eligible for temporary support under section 98 for up to 21 days after receiving a negative decision on their asylum claim (or received notification of a dismissal of their appeal).

FNORC AT should consider initial and contingency accommodation (such as hotels) as accommodation that FNOs could be released to where the Home Office assesses that detention is nearing the end of what would be considered reasonable under Section 12 of the IMA or where the Tribunal has ordered immediate release.

This consideration of initial and contingency accommodation will remain subject to checks by the Probation Service. There may be cases where the Probation Service do not approve the proposed address. In such circumstances, FNORC AT will request the Routing Initial Accommodation Validation Team (RIAV) to source other suitable accommodation, who will arrange this with Home Office accommodation providers. Once suitable accommodation has been sourced, FNORC AT will notify the FNORC decision maker who will then arrange the subsequent release of the FNO and RIAV will arrange transport to the accommodation.

Section 98 support operational process: non-detained FNOs

In cases where FNOs already on immigration bail have applied for asylum support and the application cannot be decided quickly, FNORC AT caseworkers should conduct an assessment for eligibility for section 98 support.

Where the FNO is street homeless and an immediate decision is required, RIAV should consider initial and contingency accommodation (such as hotels).

Where section 98 support is provided as a temporary measure, receipt of an ASF1 (asylum support application form) will be monitored by FNORC AT and where an application is not received within a few weeks, the normal process will be followed to end the section 98 support and evict the individual.

Section 98 support as a temporary measure: All FNOs

Irrespective of whether an FNO was detained or non-detained at the point of application and section 98 support has been granted as a temporary measure, the application for section 95 or section 4 will continue to be processed by FNORC AT. The decision paperwork will be served to the individual at the temporary accommodation address.

Where an FNO is allocated accommodation, such as a contingency hotel, and it has only been approved by the Probation Service as a temporary measure, FNORC AT will identify a new probation approved address and arrange their relocation.

Accommodation provisions: quick guide on usage

This must not be used at a stand-alone guide and use must be in conjunction with the detailed guidance on the accommodation condition and provisions above.

Status	Provision for accommodation	Application process
Asylum Seeker (including FNOs with an outstanding asylum claim)	Accommodation provided under section 95 Immigration and Asylum Act 1999.	Contact migrant help on 0808 8000 631 for advice and assistance on how to make an application.
Failed Asylum Seeker (including FNOs who are failed asylum seekers)	Accommodation provided under section 4(2) Immigration and Asylum Act 1999.	Contact migrant help on 0808 8000 631 for advice and assistance on how to make an application.
Non-detained foreign national offender	Accommodation can be provided under paragraph 9 of Schedule 10 where there are exceptional circumstances including: - SIAC cases - Harm cases - ECHR: Article 3 cases but are not limited to these types of cases.	Any exceptional circumstances should be set out in the BAIL 409 application form.
Detained foreign national offender	Accommodation can be provided under paragraph 9 of Schedule 10 where there are exceptional circumstances including: - SIAC cases - Harm cases - ECHR: Article 3 cases but are not limited to these types of cases.	Any exceptional circumstances should be set out in the bail application form or BAIL 409 application form. Where consideration of accommodation is in process, notification should be provided by the caseworker using BAIL 411.
Detained non foreign national offender/ non asylum seeker.	Accommodation can be provided under paragraph 9 of Schedule 10 where there are exceptional circumstances including: - SIAC cases - Harm cases - ECHR: Article 3 cases but are not limited to these types of cases.	Any exceptional circumstances should be set out in the bail application form or BAIL 409 application form.
Special Immigration Appeals Commission (SIAC) cases	Accommodation can be provided under paragraph 9 of Schedule 10 where there are exceptional circumstances including: - SIAC cases - Harm cases - ECHR: Article 3 cases but are not limited to these types of cases.	Any exceptional circumstances should be set out in bail application form or BAIL 409. Where consideration of accommodation is in process, notification should be provided by the caseworker using BAIL 411.
All other individuals	Accommodation can be provided under paragraph 9 of Schedule 10 where there are exceptional circumstances including: - SIAC cases - Harm cases - ECHR: Article 3 cases but are not limited to these types of cases.	Any exceptional circumstances should be set out in the BAIL 409 application form.