Question to the Home Office:

To ask His Majesty's Government what assessment they have made of the increased risks, including risks of trafficking, to children as a result of the implementation of section 32 of the Nationality and Borders Act 2022 and the proposed changes in the family returns consultation affecting care leavers.

The Government is committed to ensuring that the best interests of the child are a primary consideration in all immigration and asylum decisions, and to safeguarding children from harm, including the risk of exploitation and trafficking.

Section 32 of the Nationality and Borders Act 2022 clarifies the framework for assessing protection claims by requiring decision-makers to take a forward-looking view of risk on return, based on established principles under the Refugee Convention and human rights law. All asylum claims are considered on their individual merits in line with the relevant legislation and published policy including ‘Processing Children’s Claims’ guidance and country information. Decisions are made by caseworkers specifically trained to handle claims from children, who are instructed to take factors including age and maturity into account when assessing credibility and risk on return.

Safeguarding considerations, including indicators of trafficking or modern slavery, remain an integral part of all asylum decision-making and are considered on a case-by-case basis in line with published guidance.

Whatever form it takes, exploitation, human trafficking and modern slavery is child abuse and relevant child protection procedures must be followed if this is suspected.

Child victims of exploitation, modern slavery and human trafficking are supported through a range of support systems. This includes statutory local authority support, the Government-funded Independent Child Trafficking Guardian (ICTG) service (where available) and county lines specialist support services.

Impact assessments, including consideration of the impacts to care leavers, will be undertaken and informed by the family returns consultation outcome and subsequent policy development. Any impact assessments will be finalised in advance of any decision to commence schedules 11 and 12 to the Immigration Act 2016.