Children's Commissioner Warns of 'Significant Harm'
Rachel de Souza, the children's commissioner for England, has warned that Home Office plans to forcibly remove refused asylum seekers, including children receiving medical treatment, will cause 'significant harm' and may breach the Children Act 1989. In a letter to Home Secretary Shabana Mahmood, de Souza argued that the proposals should not be implemented as currently set out.
Proposals Under Consultation
The Home Office consultation, launched in March, seeks views on cutting support for families with refused asylum applications, reducing support for adult care leavers with refused claims, and legislating the use of physical interventions on children during enforced removals. De Souza's office estimates that as many as 27,000 children could be affected.
Legal Concerns Under the Children Act
De Souza stated that the proposed changes could be in breach of the Children Act 1989, which requires that children's best interests be paramount in decisions affecting them. 'I have a statutory duty to protect and promote the rights of children – that includes all children who arrive in this country, no matter how they get here or what their asylum status is,' she said.
Impact on Sick Children
Under the proposals, continuing medical treatment or unavailability of care in a refused asylum seeker's homeland would not be considered a 'genuine obstacle' to deportation. This means families, including sick children, could lose accommodation and support while awaiting removal. De Souza called for this provision to be reversed, stating it is at odds with children's best interests.
Physical Interventions on Children
The consultation also proposes allowing immigration and detainee custody officers to use force against children, including handcuffs, if an accompanied child does not comply with removal requirements. Currently, such force is not permitted. De Souza believes any force used against a child should be an 'absolute last resort,' only to protect them or others from harm, and conducted with the 'upmost gravity' by trained professionals.
Mahmood's Stance on Asylum Control
In a speech in March, Mahmood said failure to control the asylum system would be catastrophic, warning that a loss of control breeds fear and could lead to ethno-nationalism. She argued that the pace and scale of migration have made people feel the country has lost control.
Campaigners' Warnings
Campaigners have warned that the plans could pave the way for sick children to be deported even if they cannot be treated in their homeland. The Home Office has not yet responded to de Souza's letter, in which she formally requested data on how many children would be affected, where they live, and what support they might need.
