Care Day: One in 10 children in care have unresolved immigration issues, charities warn

Fiona Simpson
Thursday, February 17, 2022

At least 10 per cent of children in care and more than 10,000 young care leavers in England have unresolved immigration or citizenship issues, according to new research.

Charities are calling on local authorities to commit to resolving immigration issues for children in care. Picture: Adobe Stock
Charities are calling on local authorities to commit to resolving immigration issues for children in care. Picture: Adobe Stock

The figures, based on a Freedom of Information (FOI) request to all local authorities in England have been published by the South London Refugee Association and Coram Children’s Legal Centre.

The organisations warn that “without better immigration support from local authorities, these children face uncertain and unsafe futures”.

The report, Taking Care: How local authorities can best address immigration issues of children in care, adds that the problem “is almost certainly worse than it seems” because 41 of 117 local authorities which answered the FOI request had missing or incomplete data on the immigration status of children in their care. 

“Local authorities have a statutory obligation to provide children in care with immigration support. Without it, these young people, who are vulnerable and who have already been through so much, cannot plan for their futures and are at risk of destitution and exploitation when they turn 18,” said Maya Pritchard, youth casework and policy manager at South London Refugee Association.

The report also finds that delays in providing support for children in care who are dealing with immigration and nationality issues could be costing local authorities hundreds of thousands of pounds per year. 

A citizenship application for a child costs £1,012 compared with £130,000 per young person in Home Office fees and support with living once they have left care and are not entitled to benefits due to their immigration status.

“Funding for local government has been cut to the bone, and some of the most vulnerable children are bearing the consequences. The good news is that taking steps to resolve looked-after children’s immigration issues early is a win-win: it’s much less costly for local authorities and serves the best interests of children in care, preventing years of uncertainty for children who desperately need a sense of belonging, stability and permanence,” added Marianne Lagrue, policy manager at Coram Children’s Legal Centre.

The charities are warning that lack of immigration status or citizenship prevents children from unnecessary complications with everyday activities like applying for jobs or university, seeking scholarships, grants, or student loans, setting up a bank account, getting a driving licence and renting accommodation.

They are calling on local authorities to sign a pledge, which commits them to:

  • Identify all looked-after children and care leavers with immigration and nationality issues;

  • Connect looked-after children and care leavers with good-quality legal support as soon as possible;

  • Take a proactive and informed role in supporting looked-after children and care leavers through any immigration applications and appeals;

  • Enable those who are eligible to apply for permanent status and British citizenship.

Meanwhile, analysis of Home Office figures by children’s rights organisation ECPAT UK reveals that in 2019/20 just two per cent of children who were exploited and trafficked to the UK were granted the leave to remain.

ECPAT UK says that trafficked children are entitled to leave to remain under international law and is calling for the government’s Nationality and Borders Bill to be strengthened to offer protections for children.

Clause 64 of the bill should be changed to incorporate specific entitlements for children in line with the Council of Europe Convention on Action against Trafficking in Human Beings (ECAT) and the United Nations Convention on the Rights of the Child (UNCRC), ECPAT UK adds.

It is also backing calls for part five of the bill, which addresses modern slavery, to be removed amid concerns it contains widescale reform of the current system which will reduce identification and protection of all victims including British nationals, and does not include any protections or provisions for children. 

Patricia Durr, chief executive of ECPAT UK, said: "Year on year, the government is failing child victims of modern slavery, and the Nationality and Borders Bill is set to make things worse – it completely ignores the rights and needs of children, constituting a significant set-back to modern slavery legislation and child protection. 

“There is an opportunity to change this, and to bring children's entitlement into legislation by stipulating immigration leave specific to child victims in the bill – instead the government insists they will uphold children’s best interests by judging their needs on a case-by-case basis. This is cold comfort. How can we trust that children and young people will be protected when the numbers published today show that children who are trafficked to this country are too often left in immigration limbo following identification, preventing their recovery and access to support and opportunities?”

CYP Now Digital membership

  • Latest digital issues
  • Latest online articles
  • Archive of more than 60,000 articles
  • Unlimited access to our online Topic Hubs
  • Archive of digital editions
  • Themed supplements

From £15 / month

Subscribe

CYP Now Magazine

  • Latest print issues
  • Themed supplements

From £12 / month

Subscribe