Children and Social Work Bill [HL]

Lord Dubs Excerpts

Monday 11th July 2016 Grand Committee

Moved by

[Lord Dubs]

135A: After Clause 19, insert the following new Clause—
“National action plan for the welfare of unaccompanied children
(1) The Secretary of State must, in consultation with the Local Government Association, the Association of Directors of Children’s Services and the Children’s Commissioner for England, publish a national action plan for the welfare of unaccompanied children.(2) The national action plan for the welfare of unaccompanied children must set out the steps the Secretary of State will take to ensure that local authorities are able to safeguard and promote the welfare of relevant children within their area and in particular to ensure that relevant children have adequate access to—(a) legal advice;(b) mental health and other healthcare provision; (c) appropriate accommodation, including foster care provision and semi-independent accommodation;(d) social work support;(e) the education system;(f) English language education;(g) any other services necessary to meet the needs of relevant children.(3) The national action plan for the welfare of unaccompanied children must set out the process by which information about children to be included in the scheme provided for under section 67 of the Immigration Act 2016 (unaccompanied refugee children: relocation and support), is to be communicated to local authorities, including details about—(a) age;(b) any known medical needs;(c) any accommodation preferences expressed by children;(d) linguistic competencies and requirements;(e) any known special educational needs;(f) any other available information necessary to allow local authorities to meet the needs of relevant children.(4) The national action plan for the welfare of unaccompanied children must describe the additional infrastructure that will be put in place to ensure that the welfare of relevant children is protected during and after transfers under section 69 of the Immigration Act 2016 (transfer of responsibility for relevant children), including details about—(a) funding to be provided to Regional Strategic Migration Partnerships;(b) plans to draw on the expertise of service providers; and(c) any other plans to ensure that appropriate expertise and training is available to relevant authorities.(5) In this section—“local authority” means a local authority within the meaning of the Children Act 1989 (see section 105(1) of that Act);“relevant child” means—(a) a person under the age of 18 who is unaccompanied and has made a protection claim which has not been determined,(b) a person under the age of 18 who is unaccompanied and who requires leave to enter or remain in the United Kingdom but does not have it, or(c) a person under the age of 18 who is unaccompanied and who has been granted humanitarian protection, refugee status, discretionary leave or limited leave to remain in the UK as an unaccompanied asylum seeking child.“service provider” means an organisation providing basic services to relevant children including legal advice.”

[Lord Dubs (Lab)]

My Lords, this amendment is concerned with the well-being of unaccompanied children whether they have come as refugees straight from Syria and other parts of the region or from parts of Europe, as was determined by an amendment that passed this House and the House of Commons under the Immigration Act.

These are clearly sensitive children who have been through trauma. We know they may have been subject to trafficking; they may have been victims of crime: they may have suffered sexual violence; they may have been lured into debt slavery—all sorts of things may have happened to them. Some may still be in danger, which is why there is an urgency to bringing them over to this country. Clearly, though, everyone is agreed that they are vulnerable and that they need help and support.

I have had discussions with the Local Government Association about this, and quite understandably the LGA would like to have some assurances about longer-term funding arrangements for councils that are looking after unaccompanied children. Subsection (1) would require the Secretary of State to consult organisations representing local authorities and providers of children’s services, as well as the Children’s Commissioner, before publishing a national action plan for the welfare of unaccompanied children. That is a rather grand title but I think we know what it means.

Subsection (2) includes a non-exhaustive list of the kind of vital services that children must be able to access wherever they are placed in the country. For example, they will need specialist immigration legal advice to help them know where they stand. They may need special educational needs support. They may have been particularly traumatised by the experiences through which they have gone and those that I described. It is important that they have active health service support. They may have suffered the trauma of war, separation from family members for months or even years, they may have had long journeys in perilous and unsanitary conditions. All of those are important, as is education. Many of these children will not have had an education for some time and it is important that we try to get as many of them as possible to this country by September in order that they can benefit from the beginning of the school year.

I should say that not all of them are traumatised. I was talking to a young man from Syria who had spent a year travelling from the region before he got to Britain. I met him on the green outside. In a chat with him he said his main ambition was to go into politics, so all is not yet lost. Perhaps he did not know enough about our politics; perhaps when he learns a bit more he may think a different career is more important. Those services are crucial and it is important that the national action plan for unaccompanied children takes them into account.

In certain local authorities, Kent in particular, a large number of unaccompanied children are getting help and Kent County Council is clearly having difficulties. I think there is a scheme already but it could be improved to help children who are transferred between local authority areas, mainly to ensure that there is an evenness of pressure and demand on local authorities. The Government have recently announced an enhancement in the funding to be made available, but local authorities are understandably concerned about longer-term provision. If they have money for only one year, they need to know what will happen afterwards.

There is great willingness on the part of local authorities—I have met some. They are willing and anxious to help; they want to be able to get on with it on the basis that they know where they are and can manage to deal with it. For example, there are greater difficulties in London, where housing costs are higher than in other parts of the country, but even in London, the local authorities I have met are willing to step up to the mark and provide accommodation for people, whether under the vulnerable persons scheme or to look for foster parents who are appropriate for their needs. Of course, foster parents will have to be monitored carefully, as are all foster parents. That is all part of the extra responsibility that falls on local authorities.

The amendment is clear: it is intended to provide the right level of support and ensure that everything is handled as well as it can be for the sake of very vulnerable children. I know that the expression “national action plan” sounds a bit pompous—I could not think of a better one—but I think we understand what it means and I hope that the Government will accept it.

I should add that I am due to meet the Immigration Minister tomorrow. I had hoped that that would have happened before now, because then I might have been able to modify what I have said; but I am doing so prior to the meeting with him. I had discussions with the Home Secretary and the Immigration Minister some time ago, and he assured me that the Government would enter into the letter and spirit of the amendment. That is positive, so I look forward to a good outcome from my meeting with him tomorrow. I beg to move.

[Lord Ramsbotham]

My Lords, I support the noble Lord, Lord Dubs, in his amendment and confirm that the issue of sharing children around the United Kingdom has been raised many times because social services near the ports of entry were becoming swamped and these children were being deployed right across the country, which led to inconsistency in their treatment—some people putting them in bed and breakfasts, some looking after them properly.

I raised the issue of unaccompanied asylum-seeking children at Second Reading. I am glad that the Minister has arranged for the meeting with Mr Brokenshire because, among other things, there is a tension between the Immigration Act and the Bill over when such children cease to qualify for support. The Immigration Act makes it clear that that is at age 18, whereas the Bill seeks to extend the support until 21 or 25.

Another clause in the Immigration Act, which I mentioned at Second Reading, states that if an unaccompanied asylum-seeking child wishes to appeal against deportation following the failure of his appeal, he now has to go back to the country of origin even though he may have been born in this country before he can make the appeal. That is denying him all the rights that he has earned during his time in this country. We must remember that two-thirds of these children are actually in foster care now, quite apart from the numbers in care. I am glad that the noble Lord has raised this amendment and I hope that, whether revised or not, it will appear in the final Bill. I am sure that the noble Lord will wish to attend the meeting with Mr Brokenshire and the Minister on this very issue.

--- Later in debate ---

[Lord Dubs]

I am grateful to the Minister. I want to read what he has said, because he has given us quite a lot of information. I hope I am right in thinking that, although he does not like the idea of a national action plan, the Government are by and large giving effect to the elements within it. We may not call it a national action plan but, if the work is being done, then so much the better. I repeat that I want to read his speech because he has said quite a lot and I want to think about it. I am very grateful to all noble Lords who have contributed to this debate and given unanimous support for such action. I am also grateful to Liberty and other organisations, which were very helpful to me as I prepared for this debate by providing background information and so on.

I want to say two things. First, I went to Calais some time ago and saw for myself what at least some unaccompanied child refugees are going through and have gone through. I saw that from meeting some of them. In fact, I sent the Home Office their details in case they met the criteria for the scheme under the amendment to the Immigration Bill. I have seen that for myself.

Secondly, I believe there is a lot of public support for a positive approach to unaccompanied child refugees. That is evidenced by the mass of emails I have had, almost all of which are in favour of it. My general feeling from going to local areas and speaking at meetings is that there seems to be a lot of support for it. It is quite a popular issue. If handled properly and well, we will find that these young people go on to make a positive contribution to the future of this country.

[Lord Judd]

Does my noble friend agree that all we have said in debating his amendment would be much more optimistic if we could see some hard evidence of accelerated progress in the rate at which this country accepts unaccompanied children into its programme?

[Lord Dubs]

I agree entirely with my noble friend. That is why I have said that if as many children as possible could come to Britain in time for the beginning of the school term, they would not lose another school year—many of them have lost one or two school years in the course of their journeys, being in refugee camps and so on. So I am not saying all in the garden is lovely; I was trying to be nice to the Minister.

I will make one last comment. I mentioned that I am having a meeting with the Immigration Minister tomorrow. I am not sure whether I should have said that, but I cannot see any reason why I should not have done so. I thought it was only fair to say that that was under way. Had this debate taken place after my meeting with him, I might have fed into it some of what I had learned. I beg leave to withdraw the amendment.

Amendment 135A withdrawn.