EU Settlement Scheme: Looked-after Children and Care Leavers

Debate between Luke Graham and Tim Loughton

Tuesday 3rd September 2019 Westminster Hall

[Tim Loughton]

The hon. Lady is absolutely right; in fact, she has pre-empted what I will now not bother to say later. As she says, 16 and 17-year-olds have been assimilated with adults, but children in this country are those under the age of 18. So, it is absolutely essential that that definition is applied to all children, not least those most vulnerable of children. And as a result of schemes such as Staying Put, what is effectively the definition of the children who come within that remit will expand to include those aged up to 21, 23 and even 25 in the case of some, including those children with disabilities. Therefore, those figures that she referred to absolutely need to be disassembled, because these children are probably the largest group within the cohort that we are talking about today.

The Children’s Society has been very vociferous on the issue that we are considering today and it has done a lot of work on it; I pay tribute to that work, and the Children’s Society has also helped us to prepare for this debate. It has made a calculation—it is not about children in care, but it allows us to put things in context—that between the end of August 2018 and the end of June this year, 107,110 children under the age of 16 applied to the EU settlement scheme. So far, 86% of those children have had a conclusion to their application; 65% have got settled status and 35% have got pre-settled status; 180 applications were withdrawn, or were void or invalid; and no applications have been refused. However, that still leaves 14,510 children, who are presumably waiting for their applications to be concluded. So there is also a group of children coming through the normal scheme who are slightly in limbo.

Again, the whole point about the 16 and 17-year-olds is that we do not know how that group is broken down. So I repeat the call from the Children’s Society to see the ages of applicants broken down further, so that under-18s—as well as 18 to 25-year-olds, who are another potentially vulnerable subset of children not of “child age” but who are equally important and vulnerable—can be properly identified and, as a result, supported.

The Children’s Society also says:

“Additionally, only 12% of the applications to the EU Settlement Scheme have come from children aged under 16. But analysis from the Migration Observatory suggests that there were 700,000 EU children under 18 in the UK in 2018, meaning hundreds of thousands of children may still need to apply for settled status or secure British citizenship. If they do not, they risk being left without a lawful status in the UK which means being unable to access education, employment, healthcare, housing and other vital services.”

Therefore, this is still a big problem for those children in the care system and for those who, though not looked after, are unaccounted for in the applications that have come through so far. There is still an awful lot of work to do.

That group of up to about 5,000 looked-after children who will need to apply to the EU settlement scheme does not include care leavers—some of whom may be subject to “staying put” arrangements and other special support measures—or children who are classified as in need and who receive support services and vital help from local authority children’s services departments. That figure represents something like 6% of all children in care in this country—five years ago it was 3%, so there has been a rapid increase. Those individuals are an important part of the looked-after children estate and potentially some of the most problematic children to identify, support and register.

As the hon. Member for Birmingham, Selly Oak mentioned, it is a sad fact of life that children in the care system are still much too disproportionately represented in the youth justice system. Many are victims of people traffickers, many have English as a second language, and many rely on being able to access benefits and other support that we take for granted. Our children’s services departments are hugely overstretched, and the all-party parliamentary group for children has recently produced a number of reports on the issue.

I welcome hugely the announcement of an additional £14 billion for schools. I hope it will be confirmed tomorrow in the comprehensive spending review, although goodness knows what will happen tomorrow. It will be very well received, particularly in my part of the world of Sussex and other shire counties, but I want to ensure that children’s social care services are not excluded. Those services are within the remit of the Department for Education and have faced huge funding challenges, yet it is the local authority departments that provide them that will be responsible for looking out for these children, for identifying and registering them, and for the legal expertise for cases that are not as straightforward as those involving other children. For example, if children are here with a French or German family, they will be able to make the application on their behalf.

[Luke Graham (Ochil and South Perthshire) (Con)]

My hon. Friend is making a fantastic and well-informed speech. Of the £14 billion going to education, £2 billion is due to go to Scotland, where the issue is devolved. I am concerned about how central Government will work with devolved and local government to ensure that no EU citizen, and certainly no child in care, is left behind, and I hope the Minister will clarify that in her closing speech. Scotland has only about 8% of the UK population but about 14% of the UK’s children in care. That is a problem for us, and every single level of government needs to work together to ensure that no one is left behind.

[Tim Loughton]

My hon. Friend makes an important point. Although we are talking primarily about the looked-after children population in England and Wales, there is a particular issue in Scotland. I had not realised that the proportion was that high. It is really important that money going into education, which is also for the wider benefit of children in the social care system, is targeted at those children who need it most. If the issue is not dealt with, the problem in Scotland could be greater even than that in England and Wales. I hope that the Minister and the Scottish Administration are listening to my hon. Friend’s case.

Many of the children in this potentially most problematic group will have come here in difficult circumstances and gone into care, and it is highly likely that they lack birth certificates and passports and will find it difficult to prove their length of stay in the UK. They may have been moved around the whole system, as so often happens. Yet these children—I repeat that they are children—are expected to produce documentation in order to qualify under the scheme, even though they may not have that documentation. Moreover, the local authorities responsible for them could face huge challenges and detective work, requiring their buying in legal expertise and acting as advocates at a time when they are already hard pressed to look after the record number of children from the indigenous population who have recently entered the care system.

The hon. Member for Birmingham, Selly Oak pre-empted what I was going to say about the citizenship fees, which have been flagged up by the Select Committee on Home Affairs. The increase in fees over recent years, at all levels, has been extravagant, to put it mildly—the fees go well beyond recovering the cost of the service offered. In the past, it was always the principle that the charge should be equivalent to the cost of recovery, not that it should exceed it in order to subsidise services elsewhere in the Home Office. It is difficult to justify the high fee of £1,012 for a child to whom we have given safety and refuge. In most cases the cost will come out of local authority budgets—namely, children’s social care budgets, which are already greatly pressed—meaning less money to spend on social workers and on care placings for other children. Mr Bone, I should have mentioned my entry in the Register of Members’ Financial Interests.

Before I conclude with my asks, I wish to reinforce what the hon. Member for Birmingham, Selly Oak said about the situation of children coming over from France. There has been recent correspondence between the previous Home Secretary—my right hon. Friend the Member for Bromsgrove (Sajid Javid)—and the Home Affairs Committee, because we were concerned about what was happening to children in very vulnerable and dangerous situations in some of the camps in France, in particular those with a claim to come to the UK through the family reunion and other schemes, the processing of which seems to be taking an interminably long time. Part of the reason for that, as I found out when I went to Greece, is that, while potential candidates are lined up by charities and authorities, the process relies on social workers back in the UK doing the investigative work to ensure that the placements properly take care of the children’s welfare. However, due to the current recruitment situation, social workers are being pulled in all directions.

The previous Home Secretary provided some reassurance in his letter:

“I am pleased to confirm that the vast majority of the cases involving children in France awaiting transfer to the UK have been resolved, with many of the children having already transferred, under either the Dublin III Regulation…or section 67 of the Immigration Act 2016, or shortly about to; others are pursuing their asylum claim in France.”

These are some of the most vulnerable children and, frankly, if they were in camps outside Dover our local authority children’s services departments and our Government would have taken care of them. It is extraordinary that that has not happened in other countries. I am pleased that we have now accelerated the process to ensure that those who qualify are brought to a place of safety.

In conclusion, I have two asks. The first is that automatic settled status be granted to all looked-after children and care leavers. The very fact that those children are being looked after by local authorities in what are recognised as legitimate placements, paid for by the United Kingdom taxpayer and the local council tax payer, is an endorsement of their legitimacy and of our responsibility to look after them in the first place. Surely, therefore, the assumption should be that they absolutely have a rightful place in this country. If there is a problem with that, we should argue the toss later on, but let us give them protection at the outset.

Secondly, the issue of fees needs to be looked at—an ask of the Home Affairs Committee to the previous Immigration Minister, the right hon. Member for Romsey and Southampton North (Caroline Nokes). It is such a complicated system, as the Windrush issue threw up, with many different avenues to qualifying for citizenship. It is a complete minefield that needs to be simplified and the charges need to be reduced. The complicated nature of the system also makes it very expensive. For goodness’ sake, on behalf of this small but vulnerable group of looked-after children and care leavers, I urge the Government to waive their fees for citizenship applications. That is essential, whether or not we have a deal to come out of the EU—which matters not a jot to those children. They need our help and support. This country has recognised their need and has provided support. Let us not let bureaucracy stand in the way of continuing to do the right thing by those children, as we have a proud record of doing.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Debate between Luke Graham and Tim Loughton

3rd reading: House of Commons & Report stage: House of Commons
Friday 26th October 2018 Commons Chamber

[Tim Loughton]

Give my hon. Friend the Member for Colchester (Will Quince) a job—I am sure that will happen shortly. We should be paying tribute to him, too, because although many other Members have been part of this crusade, including my hon. Friend the Member for Banbury (Victoria Prentis), who is sitting next to him, he has probably done more than anyone to put stillbirth absolutely on the parliamentary and national radar.

It is because of the Minister’s empathy, understanding and preparedness to work with parliamentarians that we are in a position in which, if this enabling legislation is enacted, we can have practical measures in fairly short order, perhaps even ahead of the first civil partnership for opposite-sex couples happening in this country before the end of 2019. This enabling clause gives a good deal of discretion to the Minister, and there is no other Minister I have greater faith in to make sure that something actually happens. Now that we have praised him to the rafters, we will expect a very early announcement on when the change will happen.

This is a complicated Bill, as I have said, and that is my own fault, but it contains four really important measures that have widespread support across the whole House and across the country.

[Luke Graham (Ochil and South Perthshire) (Con)]

Will the hon. Gentleman give way?

[Tim Loughton]

If my hon. Friend wants to ruin my peroration, I will allow him to do so.

[Luke Graham]

I apologise to my hon. Friend and thank him for giving way. I am in full support of the Bill, but I have one technical question that I hope he will be able to answer. Clause 6 clarifies that clause 5 applies to Scotland, England and other parts of the United Kingdom. Clause 5(1)(a) states that

“the Marriage of British Subjects (Facilities) Acts 1915 and 1916…no longer apply in England and Wales”.

Under clause 6, that will also apply to Scotland. As I am sure the House will know, those Acts make reference to the recognition of marriage certificates in the United Kingdom and those of British dominions, basically giving British citizens getting married in the dominions and those getting married here in the United Kingdom almost equal recognition. I am all for increasing rights, but I just want to make sure that that provision will not reduce any of our constituents’ rights in their future marriage choices.

[Tim Loughton]

I am grateful to my hon. Friend for that very pithy intervention. He makes some good points, and no doubt some other smartarse in the House of Lords will want to bring them up as well. With the greatest respect, I am sure that he can speak further to those points on Third Reading—as long as he does not go on for too long. To coin a phrase from Front Benchers, I would be happy to write to him and give him more details. I shall now somehow try to return to my peroration.

As I was saying before I was so helpfully interrupted, the Bill is long overdue. It sets out a practical route and a timeline—certainly in the case of civil partnerships—for these iniquities and inequalities to be resolved. I know that it has widespread support in this House, and I am grateful to all those who have made it possible to get this far. I will be particularly grateful to the Immigration Minister if she ensures that the Bill gets through its Third Reading so that we can have further discussions in the other place. I very much hope that it will be granted its Third Reading without a vote today.