Children Act 1989: Local Authority Responsibilities

Paul Sweeney Excerpts

Tuesday 19th March 2019 Commons Chamber

[Kate Osamor]

I thank my hon. Friend for that valuable point, from which we learn that not all councils are failing to meet their responsibilities. We have to ensure that such work goes across all councils, rather than being ad hoc, which is unfortunately the case at the moment.

A freedom of information request has shown that 980 individuals with dependants were given a no recourse to public funds condition in 2016-17. The figure grew to 2,100 in the next financial year, and it continues to rise. Between April and December 2018, the figure went up to 3,405.

A child’s immigration status should not be affected by their parents’ immigration status. It is upsetting that because of their parents’ immigration status, a child born in this country can be denied access to benefits, to their wants and needs, and to the comforts they desire. Despite statutory guidance stating that local authorities have a duty to ascertain the wishes and feelings of children and take them into account when planning provision, according to the Children’s Society, in 2015 six in 10 families with no recourse to public funds who applied for section 17 support were not supported by their local council.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

My hon. Friend is making a powerful speech in favour of some of the weakest and most vulnerable people in our communities. This is a particularly urgent issue in Glasgow, where the Home Office tried to force contractors such as Serco to enforce a move-on policy. It was actually forcing people out of their homes if their asylum application failed. Many of those people had no recourse to public funds.

We are talking about the risk of mass destitution. Is that not just another example of how the Government’s hostile environment has permutations that affect the weakest people in society, even among our communities? Councils often do not have the funds, after years of cuts, to step in immediately and fill that gap.

[Kate Osamor]

My hon. Friend makes a valuable point. I will go on to discuss the hostile environment and its impact on the most vulnerable in society.

Project 17, an east London-based charity that I have been working with, works closely with families who have no recourse to public funds. Its recent report, “Not Seen, Not Heard”, documents the experiences of children living under this condition—I call it a “condition” deliberately. In 2018, four of the eight families living in Enfield who attended Project 17—my constituency of Edmonton is in the borough of Enfield—were told to call the emergency out-of-hours service each night for extended periods, rather than being provided with accommodation. It is standard practice for some local authorities to wrongly refuse interim support when they are first approached by families who need help. One woman was forced to call the out-of-hours service every night for almost two months.

The practice of not being child-focused is deeply concerning for a number of reasons. First, families have no stable place to be. When they are asked to leave temporary accommodation by 9.30 am, they wander the streets and have no safe place to go. Secondly, it is unclear how long it will take the out-of-hours service to arrange temporary accommodation following a request in the evening. Thirdly, navigating the out-of-hours service can be difficult for anyone, not least for those who struggle with English as a second language.

I hear reports of more and more families sleeping in the A&E reception. The reasons vary from them not understanding the system to safety, warmth and, basically, being destitute. One such report comes from Joel, who is nine years old. His family were forced to sleep in the accident and emergency department when they were left street homeless after a local authority refused their request for section 17 support. Joel said:

“We had to keep going to McDonalds every night and we would also go to A&E. I would have to wear my school clothes and sleep like that. They would say we have to sleep where the people wait but it’s just like lights and there is nothing colourful there. The chairs were hard. You know when you just sleep in the waiting room? I felt sorry for my mum because she had to stay up and my head had to be on her lap. She had to stay awake, her eyes were open like 24/7, all night and all day so she could watch over me. It was hard for her but also hard for me.”

Joel mentioned that he slept in his school uniform. That gives us more context on the plight of these children: despite having no fixed abode, Joel sleeps on his mother’s lap every night in an unsafe A&E reception. He is also expected to get up and concentrate in school.

I thank the Education Minister for being here today. I will not focus much on those young children’s experience in school, but I want to highlight the fact that, because a lot of their parents have no access to public funds, they cannot apply for free school meals and other things that would help their day in school.