The Children’s Commissioner’s response to the Home Office consultation on changes to the provision of support for failed asylum-seeker families

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.

I have always been clear that it is for government to determine the right rules and levels of immigration. My role is to make sure that, in enforcing those rules, children’s rights are respected and that they receive the protection of the Children Act 1989 that they entitled to.

This is the approach I have taken with every Government decision on immigration policy. When the Illegal Migration Act moved through parliament in 2023, I visited both accompanied and unaccompanied children in hotel accommodation to better understand their experiences and to highlight their needs to government. I have also long advocated for the needs of unaccompanied asylum-seeking children and set out the support and care they deserve in my report Unaccompanied Children in need of care.

This is a written response to the Home Office’s consultation on family removals and changes to the support for failed asylum-seeker families which proposes a number of changes for families, including children, when they are not granted asylum in the UK.

At the moment, 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 I am clear that includes every child in the country – with no exceptions.

That isn’t an abstract idea, it’s a very practical one. It means that children’s safety and welfare should be the primary consideration whenever they interact with the state. Whether that is a school, in a hospital, or with immigration enforcement.

It means that no child should be left destitute because of their migration status. While it is right that families with failed asylum claims are returned, the system must work swiftly, fairly, with appeals and children cannot left without support due to bureaucratic delays.

It means that any force used against a child is an absolute last resort, something which is used to protect them or others from harm and done so with the upmost gravity by trained professionals, acting transparently and with accountability. We wouldn’t accept any less of the police and we shouldn’t expect anything less for these children.

It means that all children who have been in the care of the state should have the same ongoing support as they reach adulthood. I have a special responsibility to children who are care-experienced. For all those children, leaving care is often a cliff-edge moment. That precipice is even greater for children who are also facing a failed asylum claim. Providing care leavers with just 3 weeks to appeal, make arrangements to leave the UK or to find alternative support is simply insufficient for young people already facing a mountain to climb. This response makes recommendations to address those concerns.

A theme running through my response, is that 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 that this will have on children and families.

As Children’s Commissioner, my priority will always to be ensure that the rights and welfare of all children in England are protected. 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.