A state of "confusion and concern" is revealed by the study, whichinvolved 33 local authorities, including 18 that piloted Section 9 ofthe Asylum and Immigration Act 2004. Section 9 removes benefits fromfailed asylum seekers and, since the Children Act 1989 prevents localauthorities removing support from children, can result in their childrenbeing taken into care.
Barnardo's study found that local authority staff had not been given anyguidance from the Department for Education and Skills on how toundertake human rights assessments. They also lacked guidance on how towork with families affected without breaching their duties under theChildren Act 1989 or the Human Rights Act 1998.
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