Asylum-seeking Children: Hotel Accommodation

Deidre Brock Excerpts

Wednesday 7th June 2023 Westminster Hall

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I beg to move,

That this House has considered the accommodation of asylum-seeking children in hotels.

It is a pleasure to serve under your chairship, Mr Hollobone.

In preparation for the debate, I spoke to many organisations that support unaccompanied asylum-seeking children day in, day out. It was impossible not to be moved by some of their testimonies. A children’s rights officer at the Scottish Refugee Council shared this:

“All the children I worked with demonstrated little to no knowledge of systems in the UK prior to arrival, they were completely bewildered. They were also terrified, terrified of anyone they perceived to be in a position of authority. At times that included me, until they got to know me. One girl even asked me if I intended to send her back to her village, where she was at risk of female genital mutilation…

Another girl I worked with had been in Scotland for around two months when I received a call from the hospital asking me to attend, as she was very distressed. She was pregnant. As soon as the doctor left us alone, she broke down sobbing, asking me if the Home Office would kill her for being unmarried and pregnant.”

Those are just a couple of anecdotes, but they speak to the reality of life in the hostile environment for many highly vulnerable children who have reached our shores. Those anecdotes should shame UK Ministers who have used degrading language such as “asylum shopping” or “invasion” to describe people risking their lives for safety and refuge in this country. Many have experienced physical and sexual violence, persecution, torture, human rights abuses and extreme poverty. Their perilous journeys to the UK have exposed them to exploitation, human trafficking and modern slavery.

Two years ago, when the Home Office started to house unaccompanied asylum-seeking children in hotels, we were told that it was on a short-term, emergency basis until permanent placements could be found via the national transfer scheme. It should not be forgotten that such hotels are considered to operate unlawfully: under section 20 of the Children Act 1989, children under 16 should be in the care of local authorities, not in unregulated accommodation where they lack the same protections as other looked-after children. Children whom the Refugee Council in England has spoken to say that they feel anxious, frightened and lonely in the hotels, with no phone to communicate and clothes that do not fit them properly.

Since the Home Office took charge of the day-to-day care of unaccompanied children, at least 4,600 of them—some as young as 10—have been placed in such accommodation. We know that the number is rising, but up-to-date and accurate figures have been hard to come by.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I thank the hon. Lady for securing the debate. She is making a powerful speech on an important topic. In January, at Prime Minister’s questions, I asked about the 200 unaccompanied asylum-seeking children who were missing from Home Office-run hotels. Two months later, a response to one of my parliamentary questions stated that 186 of those children—some of the most vulnerable young people in the country—were still missing. Does the hon. Lady agree that if we as politicians are not safeguarding the most vulnerable children in the country, we are letting them down severely?

[Deidre Brock]

I absolutely agree. I will elaborate on this, but it is our moral and legal duty to assume responsibility for those children, and that has been sadly lacking from the Government and the Home Office.

In early April, the Children’s Commissioner for England requested data on the number of children in Home Office hotels since July 2021. I understand—I hope the Minister will bring us up to date—that the Home Office has yet to reply to that statutory data request. I believe that is unprecedented, so I will be very interested in whether the Minister can explain why that information has not been provided and when the Home Secretary will endeavour to do so.

Part of the issue is that the real number of children in the system is obscured by the visual age, or “glance”, assessment process. The Refugee Council report “Identity Crisis” highlights the cases of 233 children that it supported last year, 94% of whom the Home Office wrongly judged to be over 18. They were housed with adults, with no access to support or education and at clear risk of abuse and neglect. On top of that, last year the independent chief inspector of borders and immigration found staff at some hotels without Disclosure and Barring Service checks.

Shockingly, despite repeated warnings by the police that children would be targeted by criminal networks, the Home Office has failed to prevent hundreds from going missing, as the hon. Member for Hampstead and Kilburn (Tulip Siddiq) referred to. She mentioned the 440 occurrences that we know of and the 186 children who remained missing as of April 2023. Members from across the House have asked time and again about that, but have received little detail on what action is being taken.

The UK Government’s inability or unwillingness to guarantee the safety of those children has been condemned at home and abroad. More than 100 charities wrote an open letter to the Prime Minister in January calling for the Home Office to stop accommodating separated children in hotels, without delay. UN experts echoed that call in April, commenting that the UK is failing

“under international human rights law to…prevent trafficking of children.”

A report published by the independent chief inspector of borders and immigration in October last year recommended that a viable and sustainable exit strategy from the use of hotels should be delivered within six months. The Home Office has no exit strategy; instead, Ministers are doubling down. The asylum hotel accommodation system is becoming institutionalised, and the Illegal Migration Bill—or, as it is known by some, the refugee ban Bill—will empower the Home Secretary to accommodate even more children outside the care system.

Under article 22 of the UN convention on the rights of the child, children seeking refugee status must receive appropriate protection and humanitarian assistance, but the Illegal Migration Bill is effectively a ban on the right to claim asylum if the claimant arrived in the UK irregularly, such as through trafficking or modern slavery, regardless of their individual circumstances. It will create a two-tier system where the immigration status of refugee and asylum-seeking children overrides their rights as children in the UK. It has been said to me that, in the eyes of the Home Office, they are seen as illegal migrant first, everything else second.

Analysis by the Refugee Council based on publicly available sources and conservative estimates suggests that 45,000 children could be detained in the UK under the Government’s plans. Both the Children’s Commissioner and the chief inspector have warned about the pressure that that will put on local authorities in England to fulfil their duties under the Children Act.

The Bill also includes an attack on devolution, which is unfortunately becoming customary from the UK Government. Clause 19 gives the Home Secretary the unilateral power to extend the provisions to Scotland, Wales and Northern Ireland.

[Dame Nia Griffith (Llanelli) (Lab)]

I congratulate the hon. Lady on obtaining the debate and doing the research beforehand. What is her experience of the Home Office’s interaction with the devolved Scottish Government and local authorities in Scotland? In Wales, we have found its approach extremely disappointing—riding roughshod over devolution and not taking any notice of the way that we treat children in Wales.

[Deidre Brock]

I agree entirely. That has certainly been the experience of the many different organisations that I have spoken to in Scotland, and that is what they say to me. As always with this Government, the proposals that Scottish Ministers put to UK Ministers are often either ignored or not taken fully into account. Again, I hope that the Minister can assure us otherwise.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

I congratulate the hon. Lady on obtaining the debate. Further to the intervention by the hon. Member for Llanelli (Dame Nia Griffith), whose constituency neighbours mine, we have a specific issue in Carmarthenshire, where a hotel will be used to house asylum seekers without any consultation whatsoever with the local authority. The Welsh Government have a policy that Wales is a nation of sanctuary, and it is beyond my understanding why the UK Government would act unilaterally without discussion with the Welsh Government or Carmarthenshire County Council.

[Deidre Brock]

I was looking at a contribution by the Local Government Association, which I believe operates only in England, and that seems to be one of its bones of contention too, along with the fact that insufficient moneys are being provided to support the welfare of these children and other asylum seekers. Again, I hope that the Minister will address that point.

The Scottish guardianship scheme, run through the Scottish Refugee Council and the Aberlour charity, provides personal, sustained support for these children, and it is funded by and delivered on behalf of the Scottish Government. My hon. Friend the Member for Glasgow Central (Alison Thewliss), who will be winding up the debate for the SNP, has urged the UK Government to provide a similar scheme to support, in particular, young people in care in Scotland.

Clause 23 of the Illegal Migration Bill strips Scottish Ministers of their powers under the Scottish Parliament’s Children (Scotland) Act 1995 to support and assist victims of trafficking if those victims meet removal criteria, with very limited exceptions. Given that that clearly encroaches on devolved responsibilities, will the Minister tell us why the legislative consent motion process was not engaged? Scottish local authorities are responsible for caring for these children and treating them as they would other looked-after children. If there are credible indicators of exploitation or other issues, local authorities have obligations under Scots law to intervene. Under the European convention on human rights, Police Scotland and local authorities have a duty to protect, investigate and take people out of a trafficking situation, but that will clash with the requirements on Home Office officials to remove people.

Even if those powers are used sparingly, as the UK Government claim they will be, organisations and charities in Scotland remain terrified about the effect of moving responsibility to the Home Office and away from Guardianship Scotland, the scheme I mentioned that is delivered on behalf of the Scottish Government to all unaccompanied asylum-seeking children and survivors of child trafficking. The Scottish Refugee Council says that some of these children are so afraid of the Home Office that they are up the entire night before their interview, praying that they will not be removed or detained. The possibility of being taken into Home Office care, coupled with the closing down of asylum and trafficking protections, while the prospect of removal looms, will lead only to more children running away. That will be a powerful recruitment tool for traffickers, who might look like a preferable option over being deported to Rwanda or remaining in detention.

We in the SNP have said repeatedly that creating safe and legal routes is the only realistic way to disrupt the human traffickers’ business model. If the Home Office has no interest in creating an asylum system that is based on fairness and dignity, it should devolve the necessary powers to the Scottish Parliament to allow Scotland to do so.

In the meantime, we need answers from the Home Office, so I close with these questions. Will the Minister give us the latest figures on how many unaccompanied asylum-seeking children who went missing from Home Office hotels are still missing? Will the Home Office commit to publishing a written report on the circumstances surrounding those missing children, including immediate steps to prevent similar issues from happening again? Finally, will the Minister advise whether and how an order from the Home Secretary under clause 16 will supersede protective orders issued by the Scottish courts? As a signatory state to the United Nations convention on the rights of the child, the UK needs to step up and meet its responsibility to uphold all children’s rights to protection, health and education.

The children’s rights officer from the Scottish Refugee Council whom I mentioned earlier recalled a boy from Afghanistan she had worked with through the guardianship service who was haunted by the image of his inconsolable mother saying goodbye to him. Rather than compounding the fear and trauma of children like him, we have a legal and moral duty to look after them.

[Several hon. Members rose—]

--- Later in debate ---

[Deidre Brock]

I am glad that I was able to secure the debate. I was outraged to hear about those missing children, and what appeared to be shocking indifference by the UK Government in regard to their going missing. I was very dissatisfied with the inadequate response that the Minister recently gave to a Member about this.

I have seen nothing but an unrepentant, defensive attitude from the Minister today, with no answers to the many questions raised by Members today. I remind him that Glasgow City Council, under an SNP Administration, has consistently taken more asylum seekers than local authorities in most of England, particularly the south-east. [Interruption.] No, it is not. Scotland has taken more arrivals per head of population under the Homes for Ukraine scheme than any of the four UK nations. I remind the Minister that councils across the UK have pointed out that Home Office funding for the dispersal scheme is insufficient and must be looked at again.

The proverb, “It takes a village to raise a child”, surely means that all of us are responsible for every child’s wellbeing, and that includes Government Ministers and the UK Government. We want transparency, accountability and responsibility from Ministers on that, and I am sorry to say that I did not hear any of that from the Minister today.

Question put and agreed to.

Resolved,

That this House has considered the accommodation of asylum-seeking children in hotels.