EU Settlement Scheme: Looked-after Children and Care Leavers

Jim Shannon Excerpts

Tuesday 3rd September 2019 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to follow the hon. Member for Stretford and Urmston (Kate Green). I thank her for her contribution. I give a special thanks to the hon. Member for East Worthing and Shoreham (Tim Loughton) and also the hon. Member for Birmingham, Selly Oak (Steve McCabe), who secured the debate and set the scene so well. All their contributions have been excellent and I congratulate them. It is also nice to see the Minister in her place. She has had a tour of many ministerial positions over the last while, and I look forward to her response to this debate. If it follows in line with responses that she has given when holding responsibility for other portfolios, it will be a good one.

I was happy to support the application for today’s debate, and spoke to the hon. Member for Birmingham, Selly Oak about it beforehand. I have been contacted by many people in relation to this issue; I will specifically mention The Children’s Society, which has real concerns that we must seek to address in this place, whether there is a deal—I sincerely hope there will be—or there is not a deal, which, speaking as a Brexiteer, will not be a disappointment either. The fact is that we are leaving Europe, and we must do the business for those looked-after children. We cannot ignore that. Whether we are in or out of Europe, this issue has to be addressed; everyone has said so, but it is important that we put it on the record. That is the reason for today’s debate.

An email sent to me by The Children’s Society expressed a very clear concern:

“the estimated 700,000 EU national children living in the UK are lost within public debate about the EUSS. The quarterly immigration statistics show that only 12% of the applications to the EU Settlement Scheme received by the end of June 2019 came from children under 16, meaning an estimated 600,000 EU national children still need to regularise their status before the deadline.”

Some of the background information that we have been given endorses that. The Migration Observatory’s report on settled status suggested that upwards of 661,000 non-Irish EU citizen children could be living in the UK, which indicates that at least half a million children who could be eligible to apply to the EU settlement scheme are yet to make an application. I ask the Minister what has been done to address that figure in relation to those who have not applied. That clearly needs to be looked at.

I also ask the Minister how many of those children are in local authority care. Among the European population, there will be thousands of children and young people who are currently looked after by local authorities. Although those children make up a fraction of the overall population, I believe that we owe that fraction a special set of responsibilities, so I endorse what The Children’s Society has said. There is a real concern that we are not meeting our obligations to that admittedly small number of children; another purpose of today’s debate is to highlight that issue to the Minister and hopefully receive a response that addresses some of our concerns. I am sure that she is aware of the issue and that her Department is working on it—perhaps the Minister will indicate the contrary—but I am anxious to hear how it is being taken care of. I am sure the Minister will be happy to outline that detail in her response.

Again from the background information about British citizenship, some concerns have been raised that although it might be more advantageous for eligible looked-after children to apply for British citizenship instead of settled status, they could be unaware of their rights or face difficulty paying the fee. The hon. Member for Birmingham, Selly Oak referred to the £1,012 that it takes to register a child as a British citizen, and under the present system it is not clear how those who may automatically be British will be identified. There are likely to be significant numbers of European national children and young people who could fall under those nationality provisions, but who do not know their rights. Again, I look to the Minister for a response.

I hope that looked-after children are not completing settlement scheme applications on their own, without legal advice. However, it is quite possible that they are, and if so, they will not be fully aware of their options. That could result in an incorrect grant of pre-settled status, or their being refused outright or potentially missing another legal avenue available to them, such as applying for British citizenship. We must make sure that applicants have all the help they need to fill in those applications. Again, it is so important that we address these issues.

As Members know, I am a firm Brexiteer. I remain of that opinion, but that does not in any way diminish the sense of compassion or obligation that I have as an individual, or this Parliament should have. Although I do not agree with many parliamentary colleagues regarding the merits of staying in Europe, I sincerely agree that we must do what we can to ensure that those who need special status are able to access it, especially those who are children and not aware of what all this Brexit talk actually means for them. It may be lost on them.

Combined data from the four nations highlights that there were over 95,000 looked-after children in UK local authorities in 2017—a figure that has probably increased over the past couple of years. Although the Government do not currently collect and publish data centrally about looked-after children’s nationality, only their ethnicity, a recent parliamentary response highlighted that the Home Office has estimated that some 5,000 EU children are currently in care in the UK, not including care leavers or children classified as in need.

We must ensure that those children’s social workers are crystal clear about the steps that must be taken to ensure their place here post 31 October. Social workers have a key role, and it is important that they are enabled to carry out their responsibility on behalf of those young people. Again, there is no centrally collected and publicly available data about European national care leavers, although the Government estimate that 4,000 care leavers to age 25 are in scope. I believe that steps could be taken to ensure that this group of people are made aware of anything that they must do to ensure they remain post 31 October.

I have another quick question about care leavers, whom the hon. Member for Birmingham, Selly Oak referred to in his introduction, and others have referred to as well. Figures from across the whole of the United Kingdom of Great Britain and Northern Ireland are clear that in the year ending 31 March 2018, local authorities were in touch with 88% of 19 to 21-year-old care leavers. To be counted as “in touch”, there should be contact between the local authority and the young person about three months before, and one month after, the young person’s birthday. Local authorities therefore do not necessarily maintain contact with all care leavers, and it is possible that some will fall between the cracks. I ask the Minister, honestly and respectfully, what has been done to make sure those young people do not fall between the cracks; to address the 12% who have not been contacted; and to ensure that those young care leavers do not find themselves without the opportunity to advance their applications.

I ask the Minister to outline in her response what the current situation is in relation to the questions that I and others have asked, and whether she believes that more can reasonably be done to ensure that all the support that those vulnerable children and young adults need is available. To me, it is important that those who need help get it and that those who need support get that support. It is part of my responsibility as a Member of Parliament, and a collective responsibility of all of us in this House, to ensure that this issue is addressed. We look to the Minister for a response.