Children Act 1989: Local Authority Responsibilities

Ged Killen Excerpts

Tuesday 19th March 2019 Commons Chamber

[Kate Osamor]

I thank the hon. Gentleman, who makes a valuable point. I will go on to express similar concerns around the responsibility for looking after such children and the fact that many children have been and are being failed.

Local authorities, in practice, and the Ministry of Housing, Communities and Local Government, on a strategic level, need to get a better grip on the issue and take responsibility for the people affected. The picture is currently bleak, but the legislation is very clear. Section 17 of the Children Act 1989 provides a general duty on local authorities to safeguard and promote the welfare of all children in need in their local area. This means that local authorities must do whatever possible to ensure sufficient services and measures are in place where a child’s health or development is not being achieved or maintained, or where it is being diminished.

This support is not considered a public fund and includes accommodation, subsistence and help for children with additional needs, such as a disability. For many destitute migrant families, section 17 support is their only opportunity to feed themselves and put a roof over their head. One of the last comprehensive national studies of children from families with no recourse to public funds receiving section 17 support was in 2015, when an estimated 6,000 children were receiving such support.

I tabled a written question on 12 December 2018 asking the Home Office whether it had any up-to-date data on children in need with no recourse to public funds, based on applications showing a change in their parents’ circumstances. I received a response from the Minister for Immigration on 20 December stating that no ideal data was being held “entitled ‘Change of Conditions’.” I used that wording in my question, and maybe it is not correct, but I was trying to ascertain the data for people whose circumstances have changed. I was told:

“Answering this question would require manual inspection of all family and private life leave to remain applications within the date range. This would incur disproportionate cost to the public purse.”

When we are talking about the livelihoods of young children, I would hope the public purse could extend to ensuring that we are looking after those children.

[Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

I congratulate my hon. Friend on securing this important debate. As well as children, other people in vulnerable situations are being missed in this system. My constituent fled domestic violence elsewhere in the UK, and she found herself being turned away from several shelters. It was only through the diligence of my caseworker that a local charity, Ubuntu, found somewhere for that young woman to go.

Does my hon. Friend agree that a wide range of people could be affected by this lack of recourse to public funds?

[Kate Osamor]

My hon. Friend makes a valuable point. A multitude of people are getting caught in this trap of destitution including, as he clearly spells out, people experiencing domestic violence, which is even more complex. Those people need more support—immediate support—and, in many cases, they need to be made safe. I am grateful for his input and, more importantly, for the civil society group he mentions. I will mention other civil society groups that are doing fantastic work in picking up the public purse and doing the work that the Government are not doing, about which I am quite aggrieved.