Children Act 1989: Local Authority Responsibilities

Jim Shannon Excerpts

Tuesday 19th March 2019 Commons Chamber

[Kate Osamor (Edmonton) (Lab/Co-op)]

I am grateful for the opportunity to raise this pertinent issue. The “no recourse to public funds” condition applies to people who have arrived in the UK in a range of immigration categories, including students and workers and their spouses, who may have the right to work but not to access benefits. There is considerable confusion over what services people with no recourse to public funds are entitled to, which has led to terrible suffering for both adults and children, including many British-born children, who fall through the net of Home Office and local government support.

It was interesting that I was met with departmental confusion simply in trying to secure this debate. Over the past few days, the Department for Education, the Home Office and the Ministry of Housing, Communities and Local Government were each in turn named as the Department that would to respond to this debate, and I fear that that speaks to the profound confusion around accountability—namely, which body or institution is responsible for assisting those who have no recourse to public funds.

[Jim Shannon (Strangford) (DUP)]

The hon. Lady has secured an important Adjournment debate. Does she agree that the biggest duty of care we owe is to children who rely solely on the state to look after them? All local authorities must understand that that duty includes considering historical cases to ascertain the safety of children in foster care. More than just the bare minimum, that duty means taking responsibility for the welfare of a child who has no one else in their corner, and it is essential that all local authorities understand that. I congratulate the hon. Lady on bringing this important matter forward for debate. Let us get it right.

[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.