Question to the Home Office:

To ask His Majesty's Government, further to the Child Poverty Strategy, published on 5 December 2025, what discussions the Home Office have had with the Department for Education about the guidance to local authorities on statutory duties under section 17 of the Children Act 1989; and what steps they have taken to ensure that safeguarding and the best interests of children are considered in that guidance.

Section 17 of the Children Act 1989 establishes the general duty of local authorities in England to safeguard and promote the welfare of children within their area who are in need and, so far as is consistent with that duty, to promote the upbringing of such children by their families.

I can confirm that the Home Office is working with the Department for Education alongside other government departments and the NRPF network to produce guidance to assist local authorities in their duties to those with No Recourse to Public Funds as part of the Child Poverty Strategy.

The duty Section 17 of the Children Act 1989 duty does not apply to the Home Office. Instead, Section 55 of the Borders, Citizenship and Immigration Act 2009 places a duty on the Home Office to make arrangements for ensuring that immigration, asylum, nationality and general customs functions are discharged having regard to the need to safeguard and promote the welfare of children in the UK.

The statutory guidance, called ‘Every Child Matters’, issued under Section 55 (3), sets out the key arrangements for safeguarding and promoting the welfare of children as they apply both generally to public bodies who deal with children in the UK (Part 1) and specifically to the Home Office (Part 2).