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The Children’s Commissioner for England is demanding the Home Secretary releases figures for the number of children that will be affected by proposals to withdraw support and forcibly remove children and families with failed asylum claims.  

Dame Rachel de Souza argues that the plans, which have been under consultation, to push families (including those with children receiving ongoing medical treatment) to leave the UK would cause significant harm to children and should not be implemented as proposed.  

The Commissioner argues in a highly critical submission to the Home Office (published today) that the Children Act 1989 is clear that children’s best interests should always be at the centre of decisions about their lives.  

She says in the submission: “I am clear that this includes every child in the country – with no exceptions. “ 

Dame Rachel has now written to the Home Secretary to ask how many children this policy may impact, where they live, and what support they might need. This follows estimates from her office that as many as around 27,000 children could be receiving Section 95 support (and therefore affected).  

Dame Rachel de Souza, Children’s Commissioner for England, said: 

“It is essential that we know how many children this may impact, where they live, and what support they might need. Despite my requests, the Home Office cannot assure me of the scope of the impact their proposals would have on children and families. I am therefore writing formally to the Secretary of State to ask how many children will be affected by the proposals.” 

The consultation, launched in March, sought views on three measures that effect young people: reducing/removing support for families with a failed asylum application; reducing/removing support for adult care leavers with a failed asylum claim, and legislating the use of physical interventions on children during enforced removals proceedings.  

Dame Rachel de Souza is clear that the government should set and enforce immigration rules, but her role is to ensure the rights and welfare of all children in England are protected – and that means that no child should be destitute or harmed because of their migration status. 

Dame Rachel de Souza added: 

 “As Children’s Commissioner, I have a statutory duty to protect and promote the rights of children – that includes all children who arrive in this country, no matter how they get here or what their asylum status is.  This is the approach I have taken with every government decision on immigration policy. 

“As they are currently set out, all three of the proposals will put children at risk of harm.  

“The Children Act is clear that children’s best interests should always be at the centre of decisions about their lives. And as I have argued throughout my five years in this role, that includes every child in the country – with no exceptions. 

“I will continue to press for clear safeguards so that no child is subject to unnecessary distress, detention or force, and that their best interests are fully considered in any decision affecting them.” 

The Commissioner sets out a series of concerns in her response to the consultation. 

The risk that children could be left destitute 

The use of force 

 The removal of support for care-leavers 

Summary of recommendations 

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