UK's largest children's charities urge Home Secretary to rethink Illegal Migration Bill.

Published on
23 March 2023

The UK's largest children's charities say they are deeply concerned that the Government's Illegal Migration Bill poses serious risks to the health, safety and protection of children.In a joint letter to the Home Secretary, CEOs from Barnardo's, NSPCC, The Children's Society, Action for Children and the National Children's Bureau, say elements of the Bill are unacceptable and risk denying children the help and protection they need.​​​​​The full letter is below.

Rt Hon Suella Braverman KC MP

Home Secretary - Home Office

Dear Secretary of State,

Protecting and supporting unaccompanied children

As the UK’s largest children’s charities, we support millions of children who need us most, including those who seek sanctuary in the UK and have suffered trauma, exploitation, and trafficking.

We are deeply concerned that the Illegal Migration Bill risks denying children the help and protection they need. In its current form, it would prevent children from putting forward their case for asylum in the UK, as well as giving the Secretary of State the duty to remove unaccompanied children when they reach the age of 18 with the power to do so before. We are also gravely concerned about the implications of the Bill for child victims of trafficking and modern slavery, as we understand it would disqualify some groups of children who have been identified as victims of trafficking from receiving protection and support under the National Referral Mechanism.

The Immigration Act 2014 rightly banned the detention of unaccompanied children for more than a 24-hour period and placed restrictions on where a child could be detained, i.e. at short-term holding facility for immigration purposes or ‘in pre-departure accommodation’. We understand this new Bill will abolish those necessary protections afforded to children and instead allow for the routine detention of unaccompanied children beyond the 24-hour time limit and be detained anywhere the Secretary of State considers appropriate. We firmly believe that allowing unaccompanied children to be detained for any longer than 24 hours is unacceptable and poses serious risks to their health, safety and protection.

We continue to be concerned about separated children seeking asylum being accommodated in hotels. The Government repeatedly said this would only be a temporary measure, and although it is welcome that the numbers have reduced recently, this new Bill would in effect legitimise this practice by giving the Home Office powers to accommodate children and override the Children Act 1989. This is despite deeply worrying child protection reports of children going missing from Home Office funded hotels. Children must upon arrival be placed into the care of local authorities.

We are concerned that by giving the Home Office the power to accommodate children, this will risk creating a two-tier system for children in the care of the state. Children entering the UK under some circumstances, including those who are trafficked, could be treated differently from others, potentially missing out on the protections in the Children Act 1989, under which local authorities must promote and safeguard the welfare of children in need in their area. This duty should apply to all children, irrespective of nationality.

Continuing with the Bill unamended would pose a serious risk to the safety and welfare of children, including those who arrive in the UK after experiencing war, discrimination, trafficking and exploitation. As leaders of the UK’s major children’s charities, we would be grateful for the opportunity to discuss the Bill urgently, and to consider how we can work together to help and support the children who need us most.

Yours sincerely,

Lynn Perry MBE, CEO, Barnardo’s

Mark Russell, CEO, The Children’s Society

Sir Peter Wanless, CEO, NSPCC

Paul Carberry, CEO, Action for Children

Anna Feuchtwang, CEO, National Children’s Bureau

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