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‘(5A) Any regulations issued under subsection (1) which enable children of EEA or Swiss nationals to be removed from the United Kingdom must include—
(a) a requirement to obtain an individual Best Interests Assessment before a decision is made to remove the child; and
(b) a requirement to obtain a Best Interest Assessment in relation to any child whose human rights may be breached by a decision to remove.
(5B) The assessment under subsection (5A) must cover, but is not limited to—
(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his or her age and understanding);
(b) the child’s physical, emotional and educational needs;
(c) the likely effects, including psychological effects, on the child of the removal;
(d) the child’s age, sex, background and any characteristics of the child the assessor considers relevant;
(e) any harm which the child is at risk of suffering if the removal takes place;
(f) how capable the parent facing removal with the child, and any other person in relation to whom the assessor considers the question to be relevant, is of meeting his or her needs;
(g) the citizenship rights of the child including whether they may be stateless and have rights to British citizenship.
(5C) The assessment must be carried out by a suitably qualified and independent professional.
(5D) Psychological or psychiatric assessments must be obtained in appropriate cases.
(5E) The results of the assessment must be recorded in a written plan for the child.”
This amendment would ensure that before a decision is taken to remove an EEA or Swiss national child from the UK a comprehensive best interest assessment is obtained.