Ombudsman criticises support for young woman attempting to stay in UK

Jess Brown
Tuesday, February 2, 2016

A council has been criticised for failing to properly support a young woman seeking permission to remain in the UK.

The Local Government Ombudsman says councils should be aware of their duties to children who may require legal advice.  Picture: LGO
The Local Government Ombudsman says councils should be aware of their duties to children who may require legal advice. Picture: LGO

The Local Government Ombudsman (LGO) said Greenwich Council made a series of errors in how it dealt with the case of a girl who moved to the UK from Nigeria at the age of 10 in 2006, going on to become the local authority's responsibility as a looked-after child in 2010.

Delays in appointing a solicitor for the girl to apply for leave to remain in the UK, and a refusal by the council to pay the necessary fees, resulted in the young woman failing to make a valid application before she turned 18.

This had significant implications, because, as a child, she would have had to be resident in the UK for only seven years to qualify. However, as an adult she needed to have spent half her life living in the country, and prove there were significant obstacles preventing her from returning to Nigeria.

The Home Office subsequently refused her application for leave to remain, but said she can appeal.

The LGO has recommended that the council apologises to the young woman and pays her £5,000 to acknowledge the distress caused by its failure to provide consistent support and advice to her as a looked-after child.

It has also asked the council to provide specialist advice to its social work staff on immigration rules for children seeking asylum, and their duties.

Dr Jane Martin, Local Government Ombudsman, said: “When acting as corporate parents, councils need to provide the support and advice necessary to help the transition out of care and into adulthood.

“This is particularly crucial for children who do not have the extended family support and community ties that other children might rely upon.

“In this case, because of a number of mistakes and misunderstandings, this girl was left in a vulnerable position at a critical age which affected her life chances.

“I am pleased Greenwich Council has agreed to my recommendations, and would urge other councils to examine their procedures to ensure this situation cannot happen in their area.”

A spokesman for Greenwich Council said: “The Royal Borough of Greenwich has apologised to the young woman in this case for our failings in handling the case."

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