Unaccompanied Children

James Brokenshire Excerpts

Tuesday 19th April 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

This debate has been marked by passionate and compassionate contributions. The Members who contributed did so with a genuine desire to inform the debate, based on their own experiences. Many of them have travelled out to areas affected by the migration crisis and to the refugee camps. This has therefore been a very well informed debate, and the Government will continue to reflect on the points made by hon. Members on both sides of the House, who always speak with a genuine desire to make a difference on these extraordinarily difficult issues. The Government must act appropriately to make the biggest difference that we can on the challenging issue of vulnerable children who have been affected by conflict and are fleeing persecution.

I congratulate my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) not just on securing the debate but on his continued focus on these issues. I very much appreciate the conversations we have had over many months—indeed, over many years—on these themes. He focused principally on what happens in the UK, an issue that he feels keenly, although many contributors strayed more widely. We will continue to reflect on the points that he and others made this morning.

In the time available, I will struggle to do justice to this very good debate, but I will address a number of the points that have been made. I echo a comment made by my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer): it is right that we have a sense of compassion, but we have to act with head and heart to do the right thing in an extraordinarily difficult situation. It is worth reflecting on the fact that up to 90% of asylum seekers pay a criminal gang to reach Europe. We therefore have to be careful not to do anything to encourage vulnerable individuals to put their lives in the hands of criminals seeking to exploit migrants for profit. I know that things can get twisted in their presentation, but none of us wants more children being exploited or losing their lives after being pushed out to sea in the Mediterranean. We must prevent that appalling tragedy.

The UK has a long and proud history of offering sanctuary to those who genuinely need it, including children. The Government take our responsibility for the welfare of children seriously. The crisis in Syria and events in the middle east, north Africa and beyond have led to an unprecedented number of migrants and asylum seekers, including children and families, arriving in Europe. Some of those children have been separated from their families and, as we have heard, have gone on to reach the UK via northern France. It is absolutely right that Britain fulfils its moral duty to help refugees. The Government take our responsibility on asylum cases involving children very seriously.

As we have heard, last year there was a 56% increase in the number of unaccompanied children arriving in the UK, which placed significant pressure on some local authority children’s services. It is important to understand that nearly two thirds of those children are aged 16 or 17 upon arrival.

From the points that have been made, I know that Members are aware of the pressure faced by Kent County Council, which is currently caring for nearly 900 unaccompanied children, 300 of whom have had to be placed in other local authority areas. I have previously put on the record my gratitude for the way in which Kent and other local authorities such as Croydon responded to the pressures, but I have also been clear that a national response is needed to ensure that all unaccompanied asylum-seeking children get the support they need and are appropriately safeguarded. The current situation is not in the best interests of either the children or those councils. That is why a voluntary transfer scheme was put in place last summer, and additional funding has been made available to local authorities that take on the legal responsibility from Kent County Council for caring for unaccompanied asylum-seeking children.

However, it is clear that we need to go further to promote a fair and equitable distribution of cases across the country in a way that protects the best interests of those children. Government officials continue to work with the Local Government Association, the Association of Directors of Children’s Services, the devolved Administrations, local government organisations and a range of charities and non-governmental organisations to put in place a longer-term, more sustainable transfer scheme that will assist not only Kent but other local authorities caring for high numbers of unaccompanied children.

I believe that a regional approach to the transfer of unaccompanied asylum-seeking children is the best way to support local authorities, which are legally responsible for caring for those children, but that will work only if local authorities are funded appropriately. I know that that is a concern for many. The Home Office provides funding for the care of UASCs, and last week I confirmed that all existing rates, including the rate offered to local authorities willing to accept the transfer of unaccompanied children from Kent—as outlined in the joint letter from the Home Secretary, the Education Secretary and the Communities and Local Government Secretary last November—will continue until a new transfer scheme is introduced. I hope that local authorities will support the transfer scheme and that it will remain voluntary. However, we are keen to avoid a repeat of the situation in Kent last summer, which is why we included provisions in the new Immigration Bill to underpin the voluntary transfer scheme, and, if necessary, to enforce it.

Comments have been made about advocacy services. All unaccompanied asylum-seeking children are entitled to legal aid throughout their asylum application. It is right that they are supported throughout their application. I am aware that there have been some instances in which children have been unable to access advocacy services in a timely manner, which has been particularly problematic in areas with a high concentration of unaccompanied asylum-seeking children. My officials continue to work with the Legal Aid Agency to ensure that such problems are resolved as quickly as possible to progress cases in a timely manner. It is imperative that unaccompanied asylum-seeking children have access to legal advice as soon as possible. Equally, I am working closely with my colleagues in the Department for Education on the issue of fostering.

On the issue of independent child trafficking advocates, the Government are committed to supporting trafficked children. When children are found to have been trafficked, their safety and welfare must be addressed as a priority. In January 2014, the Government announced proposals to trial specialist independent advocates for trafficked children. That trial formally ended on 8 September 2015, and the Government report on the child trafficking advocates scheme was published on 17 December 2015. We are continuing to engage with parliamentarians and stakeholders to determine how best to support trafficked children, and we are considering the use of independent child trafficking advocates. We will update Parliament in due course, but I recognise some of the benefits to supporting children that were highlighted.

It is not true that the Home Office does nothing in relation to asylum places before the age of 17 and a half. The Home Office works with the Refugee Council to ensure that children can access legal support, and each child is given a statement of evidence to help prepare their case. The Home Office decides straightforward cases within six months.

Hon. Members touched on a number of other issues, but I want to talk about the call for the Government to take more action on issue of resettlement. I intend to follow through on the statement that I made at the end of January, and I will make a clearer statement to Parliament in the coming days. I recognise the call for the Government to take more action. The UK has been working with the United Nations High Commissioner for Refugees on this issue, and we will do more. I acknowledge the call for more information. I am not able to give it this morning, but the Government intend to reflect carefully on the advice we received from the UNHCR, and we will come forward with more information in due course.

I am conscious that we are rapidly running out of time, and I apologise to my hon. Friend the Member for Enfield, Southgate for the fact that I have not left him much for his right of reply, but I have sought to reflect on the issues raised. If I have further thoughts to give, I will write to him. I very much welcome today’s debate, which has helped to inform this very important issue.