Children in Care: EU Nationals

Department for Education written question – answered on 7th October 2019.

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Photo of Baroness Armstrong of Hill Top Baroness Armstrong of Hill Top Labour

To ask Her Majesty's Government how many looked-after children are non-UK EU nationals.

Photo of Lord Agnew of Oulton Lord Agnew of Oulton The Parliamentary Under-Secretary of State for Education

An error has been identified in the written answer given on 09 September 2019.

The correct answer should have been:

It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.

The department does not hold information on the nationality of looked-after children in England. However, estimates suggest that there may be around 5,000 children in care who are non-UK EU nationals.

We recognise that looked-after children who are non-UK EU nationals will require support with immigration issues. It is important that local authorities offer the necessary support by addressing these issues early as part of any assessment and care plan. In doing so, local authorities can seek legal advice about the appropriate action based on the circumstances of the individual looked-after child.

Legislation will also be introduced to bring immigration matters for separated migrant children into the scope of legal aid, meaning that this group will get support in securing their immigration rights. Legal aid may also be available through the Exceptional Case Funding scheme where a failure to provide legal aid would breach, or risk breaching, European Court of Human Rights law rights or enforceable EU law rights.

Ensuring that looked-after children are supported to obtain a status under the European Union Settlement Scheme is a core element in the delivery of the scheme.

Local authorities are expected to make applications on behalf of all eligible looked-after children for whom they have parental responsibility and to raise awareness of the scheme and offer support as required for looked-after children for whom they do not hold parental responsibility.

Guidance has been issued to local authorities to help them with these responsibilities.

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Photo of Lord Agnew of Oulton Lord Agnew of Oulton The Parliamentary Under-Secretary of State for Education

It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.

The department does not hold information on the nationality of looked-after children in England. However, estimates suggest that there may be around 5,000 children in care who are non-UK EU nationals.

We recognise that looked-after children who are non-UK EU nationals will require support with immigration issues. It is important that local authorities offer the necessary support by addressing these issues early as part of any assessment and care plan. In doing so, local authorities can seek legal advice about the appropriate action based on the circumstances of the individual looked-after child.

Legislation will also be introduced to bring immigration matters for separated migrant children into the scope of legal aid, meaning that this group will get support in securing their immigration rights. Legal aid may also be available through the Exceptional Case Funding scheme where a failure to provide legal aid would breach, or risk breaching, European Court of Human Rights law rights or enforceable EU law rights.

Ensuring that looked-after children are supported to obtain a status under the European Union Settlement Scheme is a core element in the delivery of the scheme.

Local authorities are expected to make applications on behalf of all eligible looked-after children for whom they have parental responsibility and to raise awareness of the scheme and offer support as required for looked-after children for whom they do not hold parental responsibility.

Guidance has been issued to local authorities to help them with these responsibilities.

Does this answer the above question?

Yes0 people think so

No0 people think not

Would you like to ask a question like this yourself? Use our Freedom of Information site.

Photo of Baroness Armstrong of Hill Top Baroness Armstrong of Hill Top Labour

To ask Her Majesty's Government what support local authorities give to looked-after children who are non-UK EU nationals to apply for (1) residency, (2) citizenship, and (3) settled status.