Research and analysis

EU Settlement Scheme – Home Office looked-after children and care leavers survey, May 2021

Updated 9 December 2021

Introduction

From 8 February to 23 April 2021, the Home Office undertook a follow up survey of Local Authorities in England, Wales, Scotland and of Health and Social Care Trusts in Northern Ireland to provide an update on the estimated number of looked after children and care leavers eligible to apply to the EU Settlement Scheme (EUSS).

The EUSS enables European Economic Area (EEA) and Swiss citizens (referred to here as ‘EEA citizens’) resident in the UK by the end of the transition period on 31 December 2020, and their family members, to obtain the UK immigration status they need to continue living in the UK after 30 June 2021.^{[footnote 1]}

Some broad initial estimates of the numbers of children in care and care leavers who may be eligible for the EUSS were made by the Home Office, in the absence of local authority data on the nationality of children coming into care. More details of these can be found in the report of the previous survey. The surveys aimed to get more accurate data from Local Authorities and Health and Social Care Trusts and to help target any further support needed for eligible looked after children and care leavers to obtain status under the EUSS.

The Home Office is providing extensive support to Local Authorities and Health and Social Care Trusts, in light of their statutory responsibilities for this cohort, to ensure these children and young people, like other vulnerable groups, get UK immigration status under the EUSS, and the secure evidence of this status which the scheme provides. This includes:

• guidance for Local Authorities and Health and Social Care Trusts on their role in making or supporting applications to the EUSS in respect of eligible looked after children and care leavers;^{[footnote 2]}
• regular teleconferences specifically for Local Authority staff responsible for making applications to the EUSS, in order to support them and provide a direct point of contact for them within the Home Office; and
• the support available from the Settlement Resolution Centre and the network of 72 organisations across the UK being grant-funded by the Home Office, with £22 million made available since 2019, to help vulnerable people to apply to the scheme. This network includes several organisations working to support vulnerable children and young people, including those in care and care leavers, to make their application to the EUSS.

The survey asked Local Authorities and Health and Social Care Trusts to provide an update on all relevant cases that have been identified since the full opening of the EUSS on 30 March 2019. However, in line with the Citizens’ Rights Agreements, where a person has reasonable grounds for missing the 30 June 2021 deadline for applications to the EUSS by those resident in the UK by the end of the transition period on 31 December 2020, they will be given a further opportunity to apply. This will include where a parent, guardian or Local Authority fails to apply on behalf of a child.

Key findings

1. A total of 210 local government bodies in the UK have responsibility for children’s services (205 Local Authorities in England, Wales and Scotland, and five Health and Social Care Trusts in Northern Ireland). All 210 were asked to complete the survey and there was a response rate of 100%.
2. 151 Local Authorities responded in England, 32 in Scotland, 22 in Wales and 5 Health and Social Care Trusts in Northern Ireland.
3. The total number of looked after children and care leavers identified by the survey as eligible to apply for the EUSS was 3,660, an increase from 3,300 as at 26 November 2020.
4. As of 23 April 2021, of the 3,660 looked after children and care leavers identified by the survey as eligible to apply, 2,440 applications to the EUSS had been received (67%). 1,765 (72%) of these applications had been decided, of which 1,365 (77%) had resulted in a grant of settled status and 235 (13%) in a grant of pre-settled status.^{[footnote 3]}
5. 165 (9%) received an ‘Other’ outcome which means the application was withdrawn, void, invalid ^{[footnote 4]} or refused. Other outcomes were not provided in the previous report. 20 applications (1%) were refused because the applicant did not meet the criteria for the EUSS, as set out in Appendix EU to the Immigration Rules.^{[footnote 5]}
6. Of the 2,270 looked after children identified by the survey where there was a court order in place in respect of the child, e.g. a care order, interim care order or adoption placement order, and the Local Authority had parental responsibility for the child, 1,420 (63%) had so far had an application to the EUSS made by the Local Authority. Of these applications, 975 (69%) had been decided, of which 735 (75%) had resulted in a grant of settled status and 140 (14%) in a grant of pre-settled status. 100 (10%) received an ‘Other’ outcome.^{[footnote 6]}

Looked after children and care leavers identified as eligible to apply to the EUSS

Table 1: Eligible looked after children and care leavers identified by the survey, applications received and numbers yet to apply

	UK Total	England	Scotland	Wales	Northern Ireland
Looked after children and care leavers eligible to apply to the EUSS	3,660	3,140	165	135	220
Applied	2,440	2,115	105	55	165
Yet to apply	1,155	1,020	60	20	55
Unknown[footnote 7]	65	<5	<5	65	0

Source: Home Office Looked After Children and Care Leavers Survey Data, 8 February to 23 April 2021

Further breakdowns are available in the accompanying underlying data published.

Figures are rounded to the nearest 5, and therefore table breakdowns may not match overall totals.

Table 2: Eligible looked after children and care leavers identified by the survey, application outcomes

	UK Total	England	Scotland	Wales	Northern Ireland
Application decided	1,765	1,550	55	45	115
Settled Status	1,365	1,175	45	40	105
Pre-settled Status	235	215	5	<5	10
Other outcome	165	160	<5	<5	0

Source: Home Office Looked After Children and Care Leavers Survey Data, 8 February to 23 April 2021.

Other outcome includes refused, withdrawn or void and invalid of which refusals make up 1% of concluded outcomes

Figures are rounded to the nearest 5, and therefore table breakdowns may not match overall totals.

Cases where the local authority had parental responsibility for the looked after child

Table 3: Eligible looked after children identified by the survey, where parental responsibility was held by the local authority, applications received and numbers yet to apply

	UK Total	England	Scotland	Wales	Northern Ireland
Looked after children eligible to apply to the EUSS where the local authority had parental responsibility	2,270	2,020	15	105	130
Applied	1,420	1,290	10	30	90
Yet to apply	790	735	5	15	35
Unknown[footnote 8]	65	0	0	65	0

Source: Home Office Looked After Children and Care Leavers Survey Data, 8 February to 23 April 2021.

Further breakdowns are available in the accompanying underlying data published.

Figures are rounded to the nearest 5, and therefore table breakdowns may not match overall totals.

Table 4: Eligible looked after children identified by the survey, where parental responsibility was held by the local authority, application outcomes

	UK Total	England	Scotland	Wales	Northern Ireland
Application decided	975	890	5	25	55
Settled Status	735	655	5	25	50
Pre-settled Status	140	135	<5	0	5
Other outcome	100	100	0	0	0

Source: Home Office Looked After Children and Care Leavers Survey Data, 8 February to 23 April 2021.

Other outcome includes withdrawn or void and invalid. There were no refusals of applications where parental responsibility is held by the Local Authority

Figures are rounded to the nearest 5, and therefore table breakdowns may not match overall totals.

Barriers identified by local authorities in making an EUSS application for this cohort

The survey also asked Local Authorities to indicate barriers to making an EUSS application for looked after children and care leavers. The overall number of barriers recorded by local authorities has reduced by 30% from the previous survey. The barrier most often referred to (as was the case in the previous survey) was the ‘lack of sufficient identity documents’ (recorded 59 times). This was jointly followed by ‘delay in obtaining ID documents (recorded 43 times) and ‘resistance or lack of co-operation by the applicant and/or their family members’ (recorded 43 times), e.g. where a care leaver has refused to complete an application or where parents have refused to provide the relevant identity documents for looked after children.

The Home Office understands the difficulty there may be where a looked after child or care leaver does not have a valid identity document owing to the often complex nature of their lives and circumstances and that they, or the Local Authority, may struggle to easily obtain the required document from the relevant embassy or high commission in the UK, including in light of the impact of the COVID-19 pandemic. We meet regularly with consular representatives of the EU27 to try to resolve such problems, though this is not an issue created by the EUSS; it is right Local Authorities should obtain the appropriate identity document for a looked after child, regardless of their nationality, and obtaining such identity documents is an established process for Local Authorities.

However, as the Home Office guidance makes clear, applications to the EUSS can be made without the required identity document where the applicant is unable to obtain or produce one due to circumstances beyond their control or due to compelling compassionate or practical reasons, including the impact of COVID-19 on consular services. We are working with Local Authorities to ensure appropriate use is made of this discretion to enable a valid application to the EUSS to be made in these cases.

Data table

You can download the local authority data on the EU Settlement Scheme looked-after children and care leavers survey May 2021.

1. https://www.gov.uk/settled-status-eu-citizens-families ↩

2. https://www.gov.uk/government/publications/eu-settlement-scheme-looked-after-children-and-care-leavers-guidance ↩

3. Settled status under the EUSS is indefinite leave to remain in the UK and means the applicant has been continuously resident in the UK for five years, unless other criteria for settled status are met (e.g. the applicant is a child under the age of 21 of a parent who has been granted settled status). Pre-settled status under the EUSS is five years’ limited leave to remain; a further application for settled status can be made as soon as the person qualifies for it. ↩

4. See section 2.2 of the EUSS statistics user guide for an explanation of these terms: Home Office EU Settlement Scheme statistics: user guide ↩

5. There were no refusals recorded for looked after children where the local authority had parental responsibility for the child and the application was made on their behalf. ↩

6. Figures are rounded to the nearest 5, and therefore proportions of figures may not add up to 100%. ↩

7. Further details can be found in the underlying data published. ↩

8. Further details can be found in the underlying data published. ↩