Asked by: Lord Murray of Blidworth (Conservative - Life peer)
Question to the Department for Education:
To ask His Majesty's Government whether local authorities are required to continue to accommodate former unaccompanied asylum-seeking children for whom they had responsibility once those individuals are over the age of 18; and, if so, in what circumstances and on what basis do such requirements arise.
Answered by Baroness Smith of Malvern - Minister of State (Education)
Local authorities are responsible for accommodating all children in care and care leavers aged 16 or 17. When care leavers reach age 18, local authorities do not have an automatic duty to accommodate them. However, they do have continuing duties to help all care leavers, including former unaccompanied asylum-seeking children (UASC) care leavers, to make a successful transition from care to independence, including providing them with a personal adviser, whose role includes helping them to secure suitable accommodation.
Where a young person is in foster care immediately before their eighteenth birthday, local authorities have a duty to support them to ‘stay put’ with their former foster carer to age 21. Around half of eligible young people choose to ‘stay put’ when they turn 18. This includes providing financial support to meet all reasonable costs of supporting the young person.
If a decision is made that a former UASC care leaver does not have leave to remain in the UK and is ‘appeal rights exhausted’, and does not have recourse to public funds, local authorities must undertake a human rights assessment to determine whether failing to provide support would leave them destitute and infringe their human rights. If the local authority determines that support is necessary, they can provide accommodation and a subsistence allowance to cover living costs.