Brexit effect on vulnerable children and families begins to unravel

By triggering Article 50 of the Lisbon Treaty on 29 March, the Prime Minister started the anticipated two-year process of the UK leaving the European Union (EU).

Since the public backed Brexit by 52 to 48 per cent in the referendum on leaving the EU last June, there has been much speculation on the impact it will have on the country.

Much of the discussion has focused on the economic ramifications, with Brexit likely to have a significant effect on trading arrangements. There has been comparatively little consideration or public debate about its impact on the lives of children, young people and families, particular disadvantaged groups.

The Great Repeal Bill - the white paper paving the way for the UK to leave the EU, published by the government immediately after Article 50 was triggered - gives few pointers on the government's vision for children and families in a post-Brexit UK - in fact, it fails to make any mention of "children", "young people" or "families".

Amid so much uncertainty, a group of 20 experts and leaders from across the children's sector held a roundtable debate to discuss the risks posed to vulnerable children and families by Brexit, and identify responses to the possible threats that could emerge.

CYP Now attended the meeting, which was held under the Chatham House Rule, meaning that any comments made are unattributed to a person or the organisation they represent.

The uncertainty surrounding Brexit is reflected in these opening remarks by the meeting organisers: "We can't work out what the right questions are, let alone what the right answers are."

Another said: "We don't expect to come out with any answers - if we can identify three clear questions, we will be doing pretty well."

Initial thinking in the children's sector has focused on the implications of Brexit to the workforce, funding and children's rights. The roundtable debate honed in on the impact on three particularly vulnerable groups of children and young people: refugee and migrant children; those subject to safeguarding and child protection measures; and children living in poverty.

Children's rights

The debate began by discussing the threat posed by Brexit to the residency status of children and their parents who have a "right to reside" in the UK, but who may lose this when we leave the EU.

Right-to-reside status is important because without it, families cannot access child benefits. In addition, legal experts explained that children are reliant for their right-to-reside status on their parents, even if they have lived in the UK all their lives.

A delegate said that under the EU Residents Directive 2004, children have no way of exercising their right to reside because it requires a person to have worked for five years to qualify. "It has a complete blind spot for children," she said. "Their right is completely ‘parasitic' upon their parents and whether they have established a right to reside for five years continuously."

A recent case was cited where a 17-year-old girl born in the UK to Portuguese parents but who had lived here all her life was found not to have a right to reside on the basis of never having worked in the UK.

"There is a potential big lacuna for children," explained a delegate. "Come Brexit, they may be expected to up sticks and leave because they have not been exercising their own right to reside as a worker."

Another concern is that European Economic Area (EEA) nationals must meet a minimum earning threshold to access benefits in the UK. Definitions that have been introduced restrict part-time work, as earnings beneath the threshold means someone cannot be classified as a "worker".

This could put families in low-status or short-term work at risk as they may not qualify for the right to reside if they do not meet the minimum earnings threshold.

This could affect vulnerable families, such as single parents and those with disabilities, one contributor observed. If they no longer qualify as a "worker", they and their children could lose residency rights.

"This may be a flashpoint when it comes to sorting out who has ‘accrued' the right kind of right to reside," she explained. "Children of parents in low-income families, low-status work who move between jobs regularly, may be told that they don't qualify. It would be inappropriate… to expect tens of thousands of teenagers to leave just because they haven't worked."

Another group whose right to remain in the UK could be under threat are carers of British children from non-EEA countries. These people live under a legal mechanism called Zambrano rights, which will disappear when the UK leaves the EU. This could leave UK children with no choice but to leave the UK if their parent or carer loses their right to remain.

Concerns were also noted about the right to nationality under the UN Convention on the Rights of the Child (UNCRC). It was said that there is a "huge problem" with stateless and undocumented children who may be living in the UK under their parents' parasitic rights.

"There have been many children eligible for British citizenship, but haven't applied because they had the right to reside," said one delegate.

Safeguarding

Much safeguarding and child protection law draws heavily on the Human Rights Act (HRA).

Delegates agreed there needs to be a clear focus on preserving the rights enshrined in this Act and that the UK remain a signatory to the European Convention on Human Rights (ECHR), as this will be the only remaining supranational protection for children's rights.

The government has said for some time that it wants to replace the HRA with a UK Bill of Rights, but it is unclear whether this would see the UK no longer be a signatory to the ECHR.

There is a "real danger that the ECHR is for the chop by the government - this would be a real disaster for children's rights", one delegate said.

Another said: "While we have variable messages about whether we'd come out of the ECHR, it is used daily by lawyers to ensure children are protected and rights upheld in social care and child protection.

"It is really important to drill down to understand how children's rights are made real right now in safeguarding and child protection.

"Safeguarding and child protection case law is riven with the HRA in order to uphold children's rights, and we ought to be having a very clear focus on preserving it."

Other delegates agreed that it is "fundamental" to retain the HRA.

"It isn't perfect for children - there's a lot more in the UN Convention on the Rights of the Child - but the HRA is what we have currently and we need to protect that," one commented.

Others warned of the risks Brexit posed to European-wide agencies to tackle crimes against children, such as the EU Arrest Warrant, Europol and Eurojust. The UK's access to these will end when Brexit is triggered, although bespoke agreements could replace them.

A representative from a children's charity said that much of the work tackling child abuse imagery relies on cross-border co-operation.

"We're very concerned at the suggestion we might lose access to those [agencies]," he said.

"When you don't have access to them, it is a much slower process [to tackle abuse] and children will end up losing out - offenders will be able to get away and prosecutions missed."

With the UK no longer being a part of the EU, the government would also lose the power to influence strategy and resourcing of these agencies.

Child poverty

It is predicted there is likely to be an "economic shock" following Brexit, which could further entrench austerity measures. Evidence over the past seven years suggests that austerity has the greatest impact on poorer families.

The UNCRC has already noted that the majority of welfare reforms in the UK have had a disproportionate impact on women and children of lone parents.
 
This prompted one delegate to comment: "We're in a situation where the UK's international obligations to protect the needs of children are already under threat and further measures introduced to offset the costs of Brexit would produce further risks."

Falling wages could also see the number of UK children living in poverty households - already projected to rise to 3.9 million by 2021 - increase even further, delegates warned. This is particularly concerning considering the link between child poverty and abuse and neglect.

On leaving the EU, the UK will also lose access to the European Social Fund (ESF), which invests in schemes to tackle poverty in deprived areas. Between 2014 and 2020, this fund, together with the European Regional Fund (ERF), is worth ¤11.8bn (£10.1bn) to the UK.

The withdrawal of ESF and ERF funds will impact disproportionately upon the devolved administrations of the UK, the meeting was told. For example, in Northern Ireland, the scheme has focused on helping children trapped in poverty by developing training opportunities.

Meanwhile, one-twentieth of the Welsh government budget comes from EU structural funding.

Employment rights come from EU law and there are concerns these rights will be diluted in UK law. Decisions of the European Court of Justice have led to maternity discrimination being recognised as a form of sex discrimination, leading to protection in law.

There is a risk that women could receive reduced support to stay in work if the UK does not uphold these laws.

One delegate cited research from the Equality and Human Rights Commission to illustrate the risks this poses to children.

"One in nine women reported that they were forced out of work as a result of pregnancy or after coming back from maternity. That is deeply concerning for anyone who believes the way to help children out of poverty is to help parents into work."

The meeting concluded with the delegates agreeing to work together to ensure the Great Repeal Bill protects the rights of children and young people.

In numbers

€11.8bn
EU funding to tackle poverty in deprived parts of the UK between 2014 and 2020

30,000
Pieces of UK legislation that make reference to EU laws and bodies

1 in 15
School pupils (700,000) have a parent who is a citizen of another European country

Source: Coram