Asylum and Immigration: Children

Tuesday 27th January 2026

(1 day, 7 hours ago)

Lords Chamber
Read Hansard Text Read Debate Ministerial Extracts
Question
14:41
Asked by
Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
- Hansard - - - Excerpts

To ask His Majesty’s Government whether a child’s rights impact assessment was conducted on the proposals affecting children in (1) Restoring Order and Control (CP1418), published on 17 November 2025, and (2) A Fairer Pathway to Settlement (CP1448), published on 20 November 2025.

Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
- Hansard - - - Excerpts

Policy development is ongoing for reforms across the across the asylum and immigration system. Child impact assessments will be conducted throughout the policy development process to consider the impact of the reforms on children, in accordance with Section 55 of the Borders, Citizenship and Immigration Act 2009 and the United Nations Convention on the Rights of the Child.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
- Hansard - - - Excerpts

My Lords, that is encouraging, but the UN Committee on the Rights of the Child expects child rights impact assessments to be integral to policy-making from the outset. Deep concern about the likely impact of these proposals on children’s well-being and security and on child poverty have been expressed by, for instance, the Refugee Migrant Children’s Consortium, Barnardo’s and the UN High Commissioner for Refugees. Can my noble friend therefore give us an assurance that a child rights impact assessment will be not just conducted but published without further delay and that the principle he recently enunciated so well in this House will guide final decision-making: namely, that it is really important that, whatever our policy on migration and illegal migration, children do not suffer as a result?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

I can give my noble friend the assurance that the United Nations Convention on the Rights of the Child is an essential framework which will guide both Ministers and officials in drawing up the appropriate policies to ensure that we look at the safeguarding, welfare and best interests of the child. My noble friend will know that the proposals about which she has raised questions are subject to consultation up to 12 February. She will also know that I have suggested to her that we meet to discuss those issues outside the Chamber. I look forward to both her response to the consultation and her representations at any meeting we have.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
- Hansard - - - Excerpts

My Lords, I suggest to the Minister that there is a very real danger that the need to deal with immigration puts the rights of children at risk. I was delighted to hear what he said, but I am not sure that is across every government department. The welfare of children is paramount, and the rights of children absolutely must not be imperilled by the need to deal with immigration.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

I am grateful to the noble and learned Baroness. She will know that the Government have to deal with issues to do with both illegal migration and managed migration. The proposals we are bringing forward are doing that. We are absolutely, 100% committed to doing that within the framework of our United Nations responsibilities and under legislation that both Houses of Parliament have passed previously. I am happy to direct the noble and learned Baroness to the consultation on these proposals, which closes on 12 February.

Baroness Hamwee Portrait Baroness Hamwee (LD)
- Hansard - - - Excerpts

My Lords, the impact of these proposals is not only personal to individual children—although, indeed, it is hard to think of a situation more likely to provide adverse childhood experiences than being a refugee or asylum seeker. What assessment has been made of the impact on local authorities: on children’s services, education, leaving care budgets and so on?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

One of the reasons that the Government are looking at the issues of illegal migration and managed migration is to ensure that the United Kingdom is in a position to deal with both those issues in an effective way. The issues of illegal migration and unaccompanied children and managed migration are subject to consultation. One issue in that consultation is how and what support is given to appropriate children, because every child is different and every circumstance is different. The points that the noble Baroness raised are valid, and we are considering them as part of our overall policy.

Lord Rees of Easton Portrait Lord Rees of Easton (Lab)
- Hansard - - - Excerpts

My Lords, what safeguards will be put in place to tackle any child destitution that will result from the withdrawal of support from families with failed asylum applications? Building on the last question, it will be a massive challenge for local authorities, but it will also be a huge challenge for local faith groups and community organisations that step in to support communities, whatever happens at national level.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

My noble friend will know that one of the prime drivers of this Labour Government is tackling child poverty. That is not just child poverty at home but is also in relation to how we manage people who arrive in this country. If people are failed asylum seekers and they have been through an asylum system, the Government have to—this is part of the consultation—look at how we manage that issue and, in doing so, meet our obligations under the United Nations rights of the child convention. He is absolutely right about faith groups. I know that we are considering strongly how we manage to support people through this process and ensure, in relation to this Question, that the rights of the child remain central.

Lord Cameron of Lochiel Portrait Lord Cameron of Lochiel (Con)
- Hansard - - - Excerpts

My Lords, the criminal gangs currently conducting unlawful people-smuggling operations in the channel are, of course, targeting children as well as adults. However, this morning it was revealed that, under the Government’s one-in, one-out deal with France, only 281 illegal migrants have been removed, yet 350 have arrived. Does the Minister now accept that the deal with France is not working?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

No, I do not, and I will tell the House why. This Government are committed to dealing with our partners in Europe on long-term challenges on migration. The Government that he supported did not make any deals with France, did not talk to the Belgians, did not talk to the Germans, did not talk to the Dutch, and allowed small boat crossings to grow. I am sorry, but I will not take lessons on the management of small boats from a Government who raised the level of small boat crossings to a level that we had to inherit and have to deal with. I am afraid that the noble Lord is wrong on that. I will take him at any time to discuss that issue, in any place.

Lord Meston Portrait Lord Meston (CB)
- Hansard - - - Excerpts

My Lords, would the Minister agree that this Question would probably have been unnecessary had the UN Convention on the Rights of the Child been embedded legislatively much sooner in English law, just as it already has been incorporated both in Wales and Scotland, where there is already a clear commitment to undertake children’s rights impact assessments?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

The UK Government are committed to the United Nations Convention on the Rights of the Child. I give that commitment to the noble Lord: that is what we are committed to. The policies that we are bringing forward, which are subject to consultation, will be in line with those policy objectives.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
- Hansard - - - Excerpts

My Lords, the Minister will know that the Joint Committee on Human Rights has been in correspondence with the Home Secretary about children who disappeared from asylum accommodation in the UK: not one or two, but dozens and dozens of children. I would be grateful if the Minister could tell us when we might get an update on what happened to those children. Did they end up being exploited or trafficked when they disappeared? Every single one of those children’s lives matters. When will we be able to find out what happened to them?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

I am grateful to the noble Lord. The last hotel that dealt with unaccompanied children was closed by the previous Government in January 2024. At the Home Office we are committed to working with local councils, the police and others to find out what has happened. It is a disgraceful episode that more than 472 children went missing from hotels up to January 2024. We think that about 428 children have now been found, following investigation, but that still leaves some 50 to 60 children who have gone missing. This Government will ensure that we work with local authorities, the police and third sector partners to locate those remaining children. We are going to try to make sure that that does not happen again, by changing the procedures under this Government.

Lord Blunkett Portrait Lord Blunkett (Lab)
- Hansard - - - Excerpts

Would my noble friend accept that politics is given a very bad name when people condemn Britain and say it is broken, when they were Ministers in Government—in fact, were Home Secretaries —and were responsible for breaking it?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

I think that even the Opposition would agree that another party is welcome to Suella Braverman, in the current context. I have never shared the analysis or the objectives of the previous Government, or the previous Home Secretaries, on how we deal with illegal migration and the serious issues of managing our borders. We have just put through an immigration and asylum Act, which has set up a border command. We have agreed deals with France that are making some difference; we have agreed deals with Germany; and we are looking upstream with Iraq and other countries. We are working internationally. That is all in stark contrast to the performance of the previous Government, who basically let this thing happen without any intervention, and those who now stand up and say they have the solutions are the ones who caused the problems.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett (Lab)
- Hansard - - - Excerpts

My Lords, may I take my noble friend back to the question of child poverty? I very much appreciate his answers. Migrant children are disproportionately at the risk of child poverty. I am a great supporter of the Government’s child poverty strategy, but that will not help those children, largely because it is not easing the no recourse to public funds rule. There is a widespread consensus that these proposals, including some that I do not think will be consulted on, will make it worse. Could the noble Lord take that question of no recourse to public funds back to the Home Office, so it can take another look?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

Again, I say to my noble friend that there is a consultation. I will meet with my noble friend to discuss that, with Peers from the Government side who have made representations to me. We will listen to those representations. Ultimately, though, the Government have to act on these issues and when the consultation closes we will assess those responses accordingly.