Most separated children arriving in the UK alone are seeking asylum – others may have been trafficked for exploitation. All separated children are legally entitled to receive the care and protection they need, and their immigration status should not be a barrier to their doing so. This is clear in both international and domestic legislation: article 3(1) of the UN Convention on the Rights of the Child (UNCRC) requires that "in all actions concerning children… the best interests of the child shall be a primary consideration."
Last year’s Supreme Court case ZH (Tanzania) held that article 3 has been translated into domestic law in spirit if not in precise language. Furthermore, under section 55 of the Borders, Citizenship and Immigration Act 2009, the Secretary of State must make arrangements for ensuring that her functions are discharged having regard to the need to safeguard and promote the welfare of children in the UK.
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