Legal Update: Immigration Bill and care leavers

Over recent weeks, non-governmental organisations have raised concerns regarding the Immigration Bill and its implications for the welfare and safeguarding of children and young people. One particular cause for concern are the recent changes to the bill introduced by the government that aim to reform the provision of local authority support to care leavers with no regular immigration status.

Support for care leavers

The Children Act 1989, the principal legislation for child welfare, makes specific provision for all children leaving care, in recognition of their additional vulnerabilities and need for support. The local authority's duty as the corporate parent recognises the legacy of the parental role and allows the local authority to step in and protect a care leaver where necessary. However, Schedule 3 of the Nationality, Immigration and Asylum Act 2002 excludes various categories of migrants from local authority support and provisions in the Immigration Bill seek to further exclude young people subject to immigration control from leaving care support. These provisions outline that care leavers with no immigration status (including those who arrived as children and sought asylum and were granted "limited leave as an unaccompanied asylum-seeking child" and those who came to the UK at a very young age but were never helped to regularise their status) will only be able to access accommodation and/or financial assistance and only in the following circumstances: