Question to the Department for Education:

To ask His Majesty's Government what assessment they have made of the compatibility of the immigration, asylum and nationality function exemption from corporate parenting responsibilities at clauses 21 and 22 of the Children’s Wellbeing and Schools Bill with the removal of the UK’s immigration reservation to the UN Convention on the Rights of the Child.

The government is committed to supporting all looked-after children and care leavers. The Children’s Wellbeing and Schools Bill introduces corporate parenting responsibilities for government departments and public bodies. This includes a new duty on corporate parents to be alert to matters which could adversely affect the wellbeing of these children and young people, when exercising their functions.

The impacts of the policy on child’s rights and equalities have been assessed. The exemption of functions relating to immigration, asylum, nationality and customs only applies to the specific functions, not to young people themselves, so all looked-after children and care leavers, regardless of immigration status, will be in scope of support provided by corporate parents. Secretaries of State, including my right hon. Friend, the Secretary of State for the Home Department, will be required to consider the wellbeing of all looked-after children and care leavers when exercising functions other than those relating to asylum, immigration, nationality or customs.

The UK gives effect to the United Nations Convention on the Rights of the Child in immigration matters that affect children through Section 55 of the Borders, Citizenship and Immigration Act 2009. This requires my right hon. Friend, the Secretary of State for Education, to make arrangements for ensuring that immigration, asylum and nationality functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the UK.