CYP Now - Councils cannot refuse responsibility for lone migrant children, High Court rules

Local authorities cannot legally refuse responsibility for unaccompanied asylum-seeking children arriving in their area on the grounds that they cannot safely accommodate them, a High Court judge has ruled.

Kent County Council cannot refuse responsibility for children arriving at Dover, a judge has ruled. Picture: Adobe Stock

In its final judgment in a case against the Home Office and Kent County Council (KCC), the High Court has ruled that a council “cannot derogate from its duties to take responsibility for unaccompanied children] under the Children Act 1989”.

The ruling comes as part of a case brought by charity ECPAT UK over the treatment of unaccompanied children arriving in the UK.

On two occasions, in 2021 and again in 2022, Kent said it could no longer take responsibility for lone children arriving in Dover.

Council leaders said it would be “unsafe” to do so and issued section 11 notices under section 20 of the Children Act in making its decision.

Register Now to Continue Reading

Thank you for visiting Children & Young People Now and making use of our archive of more than 60,000 expert features, topics hubs, case studies and policy updates. Why not register today and enjoy the following great benefits:

What's Included