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Legal Update: Immigration bail and 'no study' conditions

Home Office guidance has been revised after immigration changes left young people, including care leavers, cut off from education.

In January 2018 new provisions were introduced that affected children and young people who were in the UK but did not have "leave" (permission) to remain, including those seeking asylum who had not yet received a decision on their asylum claim. This resulted in a significant number of young people, including care leavers, being given "no study" conditions seemingly as a matter of course and without examination of their circumstances and the impact.

They were being left cut off entirely from education and, in some cases, social care support. Following concerns raised by charities and the media, and legal challenges, the Home Office revised its guidance in early May to make clearer who should be affected by these changes.

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