Effect of government policy on asylum and immigration on vulnerable refugee children
On 1 November 2005. Barnardo's published a report (The end of the road: the impact on families of section 9 of the Asylum and Immigration (Treatment of Claimants) Act 2004) based on research with 23 local authorities. Key findings are that:
- All of the local authorities interviewed believe that section 9 is wholly incompatible with the Children Act 1989, and some fear section 9 will damage the welfare principle and child centred practice more generally.
- Local authority staff have not been given any guidance from DfES on how to undertake human rights assessments, or how they can work with families affected by section 9 without risking a breach of their duties under the Children Act 1989, or the Human Rights Act 1998.
- Many local authorities are fearful that in working with these families they are leaving themselves open to judicial review.
- There is evidence that the approaches taken by individual authorities are likely to significantly diverge, leading to a postcode lottery in support.
- Local authority staff responsible for working with families whose support has been withdrawn may not have the necessary training or experience to balance child welfare and human rights considerations alongside the imperatives of immigration control.
- Local authorities are extremely concerned about the resource implications of section 9.
All informants were clear that section 9 runs counter to their established welfare duties and practice under the Children Act 1989. Local authorities were unclear how or whether the policy was capable of being implemented, and felt that even if implemented, it was unlikely to work.
The full report makes recommendations and can be viewed on the Barnardo's website (pdf).
