Policy paper

Illegal Migration Bill: children factsheet

Updated 20 July 2023

What are we going to do?

The majority of unaccompanied children who claimed asylum in the UK in 2022 were aged 16 or 17 years. Where there is a dispute about age, half are found to be adults.

The Illegal Migration Bill places a duty on the Secretary of State to make arrangements, as soon as reasonably practical, to remove any person who enters the UK illegally and has not come directly from a country where their life and liberty was threatened. They will be removed to either their home country (if safe to do so) or to a safe third country.

The duty to remove in clause 2(1) of the bill does not require the Secretary of State to make removal arrangements for unaccompanied children until they turn 18 years old, but there is a power to do so.

As a matter of policy, the power in clause 3(2) of the bill will only be exercised for unaccompanied children whilst under 18 in very limited circumstances ahead of them reaching adulthood, such as for the purposes of family reunion or where removal is to a safe country of origin.

If an unaccompanied child who arrives in the UK illegally is from a safe country of origin, they may be returned to their country of origin before they are 18. Any such decision would be taken on a case-by-case basis.

The bill makes clear that EU countries, EEA countries (Iceland, Norway, Liechtenstein), Switzerland and Albania are safe countries. If we do not return an unaccompanied child to their safe country of origin, they would then fall to be removed under the duty in clause 2(1) to a safe third country when they turn 18.

If an unaccompanied child who arrives in the UK illegally having passed through safe countries is not a national of EU countries, EEA countries (Iceland, Norway, Liechtenstein), Switzerland or Albania, as a matter of policy the power to make arrangements to remove them will only be exercised in very limited circumstances ahead of them reaching adulthood, such as for the purposes of family reunion but any decision will be taken on a case-by-case basis.

For any unaccompanied child who is removed when under 18, we will ensure that adequate reception arrangements are in place where the child is to be removed to. If very limited circumstances for removal as set out in policy do not apply, they will then be removed as adults under the duty to make arrangements for removal under clause 2(1) of the bill, either to their home country (if safe to do so) or a safe third country.

Any asylum claims or human rights claims (in relation to their home country) made by unaccompanied children who come to the UK illegally and have passed through safe countries will be declared inadmissible.

The bill provides the Home Office with the power to provide or arrange accommodation and support for unaccompanied children, if necessary, until a local authority receives them into their care, having been directed to do so by the Secretary of State via new transfer powers.

How are we going to do it?

The Secretary of State is not required to make arrangements to remove an unaccompanied child from the UK until they turn 18 years old, but there is a power to do so. As a matter of policy this power will only be exercised in very limited circumstances ahead of them reaching adulthood, such as for the purposes of family reunion or where removal is to a safe country of origin.

Where removal is temporarily suspended until they are an adult, they will be provided with temporary permission to remain in the UK until they are 18 years old under provision to be made in the Immigration Rules.

Where deemed necessary, any such child may be temporarily placed in accommodation provided or arranged by the Home Office where they will receive appropriate support, pending transfer to a local authority.

The Home Office will have the power to transfer that child to a local authority. The bill also provides the Secretary of State with the power to transfer that child back to Home Office accommodation from the local authority should they choose to do so. These powers are enforceable through the courts.

These provisions relating to accommodation and transfer will initially apply to England, but the bill includes a power, by regulations, to apply them to Scotland, Wales and Northern Ireland.

Background

• In 2022 there were 5,242 applications from unaccompanied asylum-seeking children (UASC), a 39% increase on the number prior to the COVID-19 pandemic (3,775 in 2019). Of these, 3,681 (70%) were aged 16 or 17.

• Between 2016 and December 2022 there were 7,900 asylum cases where age was disputed and subsequently resolved, of which half (48.5 per cent – 3,833 individuals) were found to be adults.

• The National Transfer Scheme (NTS) has seen 4,187 children transferred to local authorities with children’s services between 1 July 2021 and 31 December 2022. This compares to 775 children transferred in the same timeframe in previous years (440% increase).

• In the year ending 31 March 2022, 5,540 UASC were being cared for in England, an increase of 34% from the previous reporting year.

Frequently asked questions

Could these new measures encourage adults to pretend to be children?

Unaccompanied children who arrive in the UK illegally will not be allowed to settle in the UK and any asylum claims or human rights claims (in relation to their home country) will be declared inadmissible.

The Secretary of State is not required to make arrangements to remove an unaccompanied child from the UK until they turn 18 years old, but there is a power to do so. As a matter of policy the power in clause 3(2) of the bill will only be exercised in very limited circumstances ahead of them reaching adulthood, such as for the purposes of family reunion or where removal is to a safe country of origin.

There are clear safeguarding issues which arise if a child is inadvertently treated as an adult, and equally if an adult is wrongly assessed as a child and placed in accommodation with younger children to whom they could present a risk.

We legislated in the Nationality and Borders Act 2022 to establish a decision-making function within the Home Office, referred to as the National Age Assessment Board (the NAAB). The NAAB will primarily consist of expert social workers whose task will be to conduct full age assessments upon referral from a local authority.

Given the very difficult task of assessing someone’s age, we are also considering introducing scientific age assessment methods to widen the evidence available to decision-makers and improve the accuracy of their decisions.

Will this policy be detrimental to the well-being of vulnerable children?

We recognise the particular vulnerability of children making life-threatening journeys to the UK which are being facilitated by criminal gangs who have little regard for their safety.

Unaccompanied children who arrive in the UK illegally will be provided with the necessary accommodation and support but they will not be able to settle in the UK.

Taking these measures will send a clear message that children cannot be exploited and cross the Channel in small boats for the purpose of starting a new life in the UK.

The only way to come to the UK for protection will be through safe and legal routes. This will take power out of the hands of the criminal gangs and protect vulnerable people, including children.

At what point from the age of 18 will these young people be removed from the UK?

The Secretary of State is not required to make arrangements to remove an unaccompanied child from the UK until they turn 18 years old, but there is a power to do so. As a matter of policy this power will only be exercised in very limited circumstances ahead of them reaching adulthood, such as for the purposes of family reunion or where removal is to a safe country of origin.

What about children who are coming to the UK to be with their family who may themselves be asylum seekers or have been granted protection the UK? Will you be looking to remove those children as well?

This approach equally applies to those unaccompanied children who may have family or relatives already in the UK.

Taking these measures will send a clear message that placing the lives of children and young people into the hands of criminal gangs to facilitate their journey to the UK will not be accepted.

We have a proud history of providing protection for those who genuinely need it through a number of safe and legal routes. The UK also provides several routes for people to reunite with family members in the UK under our existing Immigration Rules. The family reunion policy allows those with protection status in the UK to sponsor immediate family members to join them here, provided they were a family unit before the sponsor fled to seek protection.

Does this mean you will end the use of hotels for unaccompanied children? How does this prevent children going missing from your accommodation?

We have been consistently clear that the use of hotels to accommodate unaccompanied children is not sustainable.

The bill will provide the Home Office with the power to provide or arrange accommodation and support for unaccompanied children where deemed necessary, until a local authority receives them into their care, having been directed to do so by the Home Office.

We expect local authorities to meet their statutory obligations to children from the date of arrival and for the Home Office to only step in sparingly and temporarily. The best place for an unaccompanied child is within a local authority care placement and the bill does not change this position.

When any child goes missing, a multi-agency, missing persons protocol is activated, and many of those who have gone missing are subsequently traced and located.

Is the Home Office taking powers to become the corporate parent for unaccompanied children?

The Home Office is currently not in the position of corporate parent to any unaccompanied child. There is nothing in the bill which changes this position. The Home Office is not taking on corporate parent responsibilities for unaccompanied children.

The Home Office has always taken the view that these children should be in local authority care.

The Home Office does not have, and therefore cannot discharge, duties under part 3 of the Children Act 1989. It is for the local authority where an unaccompanied child is located to consider its duties under the Children’s Act 1989.

Are unaccompanied children going to be detained or placed in hotels?

It is important that we do not incentivise people smuggling gangs to target particular groups or those with certain characteristics. Therefore families, and children who come to the UK illegally will not be exempt from detention and removal under this bill.

We already have the power to detain children at the border and for the purpose of removal.

Under the powers of the Illegal Migration Bill, the Secretary of State is not required to make arrangements to remove an unaccompanied child from the UK until they turn 18 years old, but there is a power to do so. As a matter of policy these detention powers in relation to removal will only be exercised in very limited circumstances ahead of them reaching adulthood, such as for the purposes of family reunion or where removal is to a safe country of origin.

Where a decision is made to remove an unaccompanied child under 18, detention will be for the shortest possible time in appropriate detention facilities with relevant support provisions in place.

Where deemed necessary, any such child may be temporarily placed in accommodation provided or arranged by the Home Office where they will receive appropriate support, pending transfer to a local authority.

Will unaccompanied children be subject to the settlement/citizenship/re-entry bans despite clearly not deliberately coming to the UK illegally?

A child who enters the UK and meets the conditions at clause 2 will not qualify for settlement or registration as a British citizen and, once removed, will be unable to re-enter the UK. We do not want parents or others to have an incentive to put children on small boats and make dangerous journeys. In exceptional cases, we will have the power in the legislation to consider whether the bans should not apply to a person.

Will children, whether unaccompanied or in family groups, be subject to restraint for the purposes of removal?

It is vital that we do not create incentives for unaccompanied children or family groups to make dangerous small boat crossings.

The law already allows immigration officers and detainee custody officers (including escorts) to use reasonable force to exercise their powers - this is not age restricted.

Using force on children would be an absolute last resort and would only be used if completely necessary. Using force on children in family groups may unfortunately be necessary if a family is resisting removal - our policy on this will be under review and we will conduct a targeted consultation, including with the Children’s Commissioner, before making any changes.