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Written Question
Asylum: Children in Care
Thursday 5th March 2020

Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)

Question to the Department for Education:

To ask the Secretary of State for Education, how his Department (a) monitors and (b) quality assesses local authority pathway planning for unaccompanied and asylum-seeking children in care.

Answered by Vicky Ford

Under s20 of the Children Act 1989 the local authority has a statutory responsibility to accommodate unaccompanied, asylum seeking children (UASC). Where the child is accommodated for more than 24 hours they become a ‘looked after’ child and the local authority where the child presents has a statutory duty to safeguard and promote the child’s welfare in the same way as any other looked after child.

Ofsted, as part of its children’s services inspection framework, monitor and quality assess local authority processes in relation to all looked after children and care leavers. This will include an assessment of pathway planning.

The statutory guidance ‘Care of unaccompanied migrant children and child victims of modern slavery’ and ‘Children Act 1989: planning transition to adulthood for care leavers’ set out how local authorities should appropriately pathway plan in a way that meets the needs of unaccompanied care leavers. This guidance is available at the following links: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf and https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/397649/CA1989_Transitions_guidance.pdf.

The statutory guidance ‘Care of unaccompanied migrant children and child victims of modern slavery’ also sets out how local authorities should appropriately care plan for UASC in accordance with the Care Planning, Placement and Case Review (England) Regulations 2010. The regulations apply to all looked after children, regardless of their immigration status, nationality or documentation.

The statutory guidance makes clear that social workers’ knowledge of the asylum process should include an understanding of the child’s asylum process, the purpose of the asylum case review and the different possible outcomes of a child’s asylum claim and how that impacts on pathway planning. Social workers should also have a broad understanding of the immigration system. In addition, the department is developing bespoke materials for social workers to support their understanding of the asylum process. These materials are currently being tested by a sample of local authorities prior to wider dissemination across England. We have also commissioned the No Recourse to Public Fund Network to produce guidance on pathway planning for unaccompanied adolescents who are care leavers.

As part of the care planning process, local authorities must carry out a health assessment of all their looked after children. The Regulations and Statutory Guidance ‘Promoting the Health and Wellbeing of Looked-After Children’ makes clear that an assessment should include the child’s emotional and mental health needs and this must be reviewed regularly. Statutory guidance also makes clear that for unaccompanied children, the health assessment should ascertain any physical, psychological or emotional impact of experiences as an unaccompanied child or child victim of modern slavery. Any past trauma or experiences should be noted, along with any consequential need for psychological or mental health support to help the child deal with them. Mental health provision is provided at a local level.


Written Question
Asylum: Children in Care
Thursday 5th March 2020

Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)

Question to the Department for Education:

To ask the Secretary of State for Education, what guidance his Department has published for children’s social care on how to support unaccompanied and asylum-seeking children through the asylum and immigration system.

Answered by Vicky Ford

Under s20 of the Children Act 1989 the local authority has a statutory responsibility to accommodate unaccompanied, asylum seeking children (UASC). Where the child is accommodated for more than 24 hours they become a ‘looked after’ child and the local authority where the child presents has a statutory duty to safeguard and promote the child’s welfare in the same way as any other looked after child.

Ofsted, as part of its children’s services inspection framework, monitor and quality assess local authority processes in relation to all looked after children and care leavers. This will include an assessment of pathway planning.

The statutory guidance ‘Care of unaccompanied migrant children and child victims of modern slavery’ and ‘Children Act 1989: planning transition to adulthood for care leavers’ set out how local authorities should appropriately pathway plan in a way that meets the needs of unaccompanied care leavers. This guidance is available at the following links: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf and https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/397649/CA1989_Transitions_guidance.pdf.

The statutory guidance ‘Care of unaccompanied migrant children and child victims of modern slavery’ also sets out how local authorities should appropriately care plan for UASC in accordance with the Care Planning, Placement and Case Review (England) Regulations 2010. The regulations apply to all looked after children, regardless of their immigration status, nationality or documentation.

The statutory guidance makes clear that social workers’ knowledge of the asylum process should include an understanding of the child’s asylum process, the purpose of the asylum case review and the different possible outcomes of a child’s asylum claim and how that impacts on pathway planning. Social workers should also have a broad understanding of the immigration system. In addition, the department is developing bespoke materials for social workers to support their understanding of the asylum process. These materials are currently being tested by a sample of local authorities prior to wider dissemination across England. We have also commissioned the No Recourse to Public Fund Network to produce guidance on pathway planning for unaccompanied adolescents who are care leavers.

As part of the care planning process, local authorities must carry out a health assessment of all their looked after children. The Regulations and Statutory Guidance ‘Promoting the Health and Wellbeing of Looked-After Children’ makes clear that an assessment should include the child’s emotional and mental health needs and this must be reviewed regularly. Statutory guidance also makes clear that for unaccompanied children, the health assessment should ascertain any physical, psychological or emotional impact of experiences as an unaccompanied child or child victim of modern slavery. Any past trauma or experiences should be noted, along with any consequential need for psychological or mental health support to help the child deal with them. Mental health provision is provided at a local level.


Written Question
Asylum: Children in Care
Thursday 5th March 2020

Asked by: Steve McCabe (Labour - Birmingham, Selly Oak)

Question to the Department for Education:

To ask the Secretary of State for Education, what specialist mental health support is available for unaccompanied and asylum-seeking children in care.

Answered by Vicky Ford

Under s20 of the Children Act 1989 the local authority has a statutory responsibility to accommodate unaccompanied, asylum seeking children (UASC). Where the child is accommodated for more than 24 hours they become a ‘looked after’ child and the local authority where the child presents has a statutory duty to safeguard and promote the child’s welfare in the same way as any other looked after child.

Ofsted, as part of its children’s services inspection framework, monitor and quality assess local authority processes in relation to all looked after children and care leavers. This will include an assessment of pathway planning.

The statutory guidance ‘Care of unaccompanied migrant children and child victims of modern slavery’ and ‘Children Act 1989: planning transition to adulthood for care leavers’ set out how local authorities should appropriately pathway plan in a way that meets the needs of unaccompanied care leavers. This guidance is available at the following links: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf and https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/397649/CA1989_Transitions_guidance.pdf.

The statutory guidance ‘Care of unaccompanied migrant children and child victims of modern slavery’ also sets out how local authorities should appropriately care plan for UASC in accordance with the Care Planning, Placement and Case Review (England) Regulations 2010. The regulations apply to all looked after children, regardless of their immigration status, nationality or documentation.

The statutory guidance makes clear that social workers’ knowledge of the asylum process should include an understanding of the child’s asylum process, the purpose of the asylum case review and the different possible outcomes of a child’s asylum claim and how that impacts on pathway planning. Social workers should also have a broad understanding of the immigration system. In addition, the department is developing bespoke materials for social workers to support their understanding of the asylum process. These materials are currently being tested by a sample of local authorities prior to wider dissemination across England. We have also commissioned the No Recourse to Public Fund Network to produce guidance on pathway planning for unaccompanied adolescents who are care leavers.

As part of the care planning process, local authorities must carry out a health assessment of all their looked after children. The Regulations and Statutory Guidance ‘Promoting the Health and Wellbeing of Looked-After Children’ makes clear that an assessment should include the child’s emotional and mental health needs and this must be reviewed regularly. Statutory guidance also makes clear that for unaccompanied children, the health assessment should ascertain any physical, psychological or emotional impact of experiences as an unaccompanied child or child victim of modern slavery. Any past trauma or experiences should be noted, along with any consequential need for psychological or mental health support to help the child deal with them. Mental health provision is provided at a local level.


Written Question
NHS and Social Services: Migrant Workers
Monday 9th September 2019

Asked by: Lyn Brown (Labour - West Ham)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what recent assessment he has made of the effect on levels of staffing in (a) NHS bodies, (b) care homes, and (c) other social care services of a potential decrease in net migration from other EU countries in the event that the UK leaves the EU without a deal.

Answered by Chris Skidmore

The Department continues to monitor and analyse overall staffing levels in the health and social care sectors and we have been monitoring leaver and joiner rates of European Union staff on a regular basis since the 2016 referendum. We are not complacent and have plans in place to ensure there will continue to be sufficient staff to deliver the high-quality services on which the public relies. Our overall programme of work is comprehensive, thorough and continuously updated and will stand irrespective of the terms in which the United Kingdom leaves the EU.


Written Question
Oxford University Hospitals NHS Foundation Trust: Migrant Workers
Monday 20th May 2019

Asked by: Layla Moran (Liberal Democrat - Oxford West and Abingdon)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 13 May 2019 to Question 251433 on NHS: Migrant Workers, whether he has made an estimate of the number of EU nationals who left their jobs at Oxford University Hospitals NHS Foundation Trust between 2010 and 2015.

Answered by Stephen Hammond

NHS Digital publishes Hospital and Community Health Services workforce statistics. These include staff working in hospital trusts and clinical commissioning groups, but not staff working in general practitioner surgeries, local authorities or other providers.

The following table shows the number of EU27 joiners and leavers, to and from, Oxford University Hospitals NHS Foundation Trust as at September each year since 2009 to 2015, headcount.

Time Period

EU27 joiners to Oxford University Hospitals NHS Foundation Trust

EU27 leavers from Oxford University Hospitals NHS Foundation Trust

September 2009 – September 2010

13

27

September 2010 – September 2011

45

17

September 2011 – September 2012

130

41

September 2012 – September 2013

154

60

September 2013 – September 2014

396

100

September 2014 – September 2015

599

165

In November 2011 Nuffield Orthopaedic Centre NHS Trust dissolved with services transferring its staff to Oxford University Hospitals NHS Foundation Trust. Consequently, EU27 leavers from Nuffield Orthopaedic Centre NHS Trust joined Oxford University Hospitals NHS Foundation Trust in November 2011.

The following table shows the number of EU27 joiners and leavers, to and from, Nuffield Orthopaedic Centre NHS Trust as at September each year since until November 2011, headcount.

Time Period

EU27 joiners to Nuffield Orthopaedic Centre NHS Trust

EU27 leavers from Nuffield Orthopaedic Centre NHS Trust

September 2009 – September 2010

12

5

September 2010 – September 2011

15

6

September 2011 – November 2011

-

56

Nationality is self-reported.

Joiners and leavers data from the trusts may include staff that have come from or left to join other National Health Service trusts.

Leavers data includes people leaving active service temporarily, this would include those going on maternity leave or career break.


Written Question
Migrant Workers: NHS and Social Services
Wednesday 15th May 2019

Asked by: Jim Shannon (Democratic Unionist Party - Strangford)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps he is taking to ensure effective recruitment from (a) EU and (b) non-EU countries to meet demand for NHS and social care workers after the UK leaves the EU.

Answered by Caroline Nokes

We have been clear that we want all EU nationals, including those working in the NHS and the care sector, to stay in the UK after we leave the EU.


In December 2018, the Government set out its proposals in “The UK’s future Skills-based Immigration System” White Paper. The White Paper proposals include a new route for skilled workers which will be open to anyone at RQF level 3 and above, irrespective of where they are applying from. This route will not be capped allowing all of those who meet our requirements to come to the UK and we intend to abolish the existing Resident Labour Market Test for highly skilled roles.


The White Paper also includes, as a transitional measure, a temporary workers route which will be open to anyone from qualifying countries, wishing to fill positions at any skill level, for up to 12 months. We do not intend to impose a cap on the number of people wishing to use the route.


In their report on the impact of EEA migration in the UK, the independent Migration Advisory Committee (MAC) recommended maintaining the existing system of salary thresholds.

The Government is undertaking an extensive programme of engagement with a wide range of stakeholders across the UK, over the course of this year, including with the private, public and voluntary sector and local government, as well as industry representatives and individual businesses before taking a final decision on the level of salary thresholds.


Written Question
Migrant Workers: Social Services
Wednesday 15th May 2019

Asked by: Jim Shannon (Democratic Unionist Party - Strangford)

Question to the Home Office:

To ask the Secretary of State for the Home Department, steps he is taking to ensure that adequate numbers of non-UK care workers are able to work in the UK after the UK leaves the EU.

Answered by Caroline Nokes

We have been clear that we want all EU nationals, including those working in the NHS and the care sector, to stay in the UK after we leave the EU.


In December 2018, the Government set out its proposals in “The UK’s future Skills-based Immigration System” White Paper. The White Paper proposals include a new route for skilled workers which will be open to anyone at RQF level 3 and above, irrespective of where they are applying from. This route will not be capped allowing all of those who meet our requirements to come to the UK and we intend to abolish the existing Resident Labour Market Test for highly skilled roles.


The White Paper also includes, as a transitional measure, a temporary workers route which will be open to anyone from qualifying countries, wishing to fill positions at any skill level, for up to 12 months. We do not intend to impose a cap on the number of people wishing to use the route.


In their report on the impact of EEA migration in the UK, the independent Migration Advisory Committee (MAC) recommended maintaining the existing system of salary thresholds.

The Government is undertaking an extensive programme of engagement with a wide range of stakeholders across the UK, over the course of this year, including with the private, public and voluntary sector and local government, as well as industry representatives and individual businesses before taking a final decision on the level of salary thresholds.


Written Question
NHS and Social Services: Migrant Workers
Monday 13th May 2019

Asked by: Julian Sturdy (Conservative - York Outer)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what recent discussions he has had with the Home Secretary on ensuring that the recruitment of overseas staff into the (a) NHS and (b) social care sector is not adversely affected by the new immigration framework.

Answered by Stephen Hammond

My Rt. hon. Friend the Secretary of State for Health and Social Care has regular discussions with the Home Secretary on a range of subjects including the future immigration system and its impact on the health and social care sectors.


Written Question
Migrant Workers: NHS and Social Services
Monday 29th April 2019

Asked by: Julian Sturdy (Conservative - York Outer)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps he is taking to ensure that new immigration framework will enable the (a) health service and (b) social care sector to continue to recruit overseas staff when necessary.

Answered by Caroline Nokes

The Government recognises the valuable contribution that international workers make to our important NHS and to the social care sector and we are determined to ensure that the future immigration system is efficient and able to respond to needs.


In December 2018, we set out our proposals for the future immigration system in “the UK’s future Skills-based Immigration System” White Paper. The White Paper proposals include a new route for skilled workers which will be open to anyone at RQF level 3 (A-Level and equivalent) and above, irrespective of where they are applying from. This route will not be capped and employers will not be required to carry out a Resident Labour Market Test for higher skilled roles.


The White Paper also includes, as a transitional measure, a route for temporary workers which will be open to anyone from qualifying countries, at any skill level, for up to 12 months. We do not intend to impose a cap on the number of people wishing to use this route.


The White Paper is the start of a new national conversation and we have launched a year-long engagement programme over 2019 to take the views of a range of stakeholders across the UK, including the health and social care sector. Informed by this engagement, we will take final decisions ahead of implementing the new system from January 2021.


Written Question
Health Services and Social Services: Migrant Workers
Thursday 4th April 2019

Asked by: Kate Green (Labour - Stretford and Urmston)

Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to engagement proposals in the immigration White Paper, what plans his Department has for engagement with the health and care sector.

Answered by Caroline Nokes

The Government published the White Paper ;The UK’s future skills-based immigration system (Cm 9722) on 19 December 2018. The White Paper is the start of a new conversation and we have launched a year-long engagement programme to take the views of stakeholders across the UK to hear their priorities, concerns and ideas before policies and processes are finalised and the new system comes into force from January 2021. We are determined to ensure that the future system is efficient and able to respond to users’ needs.

We have already delivered around 30 events reaching well over 500 stakeholders, for example, business and employer representatives, including the Confederation of Business Industry, the Federation of Small Businesses, as well as those from the health and social care sector, the hospitality industry and the construction and automotive industries. We are holding discussions with sectors and also across the UK, and have already held events in Scotland and Northern Ireland, with events in Wales being scheduled for April This is in addition to our continued engagement and negotiations with the EU and international partners.

As part of this engagement, we have established a range of advisory groups to enable detailed discussions with private, public and voluntary sector employers and industry representatives. Membership details of these groups will be published on gov.uk shortly.