Research report outlines key issues and recommendations to ensure children have safeguarding and wider needs considered
UK children whose parents face deportation are not having their safeguarding needs met or legal rights properly considered, a new research report suggests.
Raising Children: Safeguarding Children in Parental Deportation Decisions presents the findings of a new study produced by the University of Birmingham and the University of Liverpool, in collaboration with Bail for Immigration Detainees (BID) and Social Workers Without Borders.
Researchers analysed the legal case files of 15 families, representing 45 children and young people, and conducted an in-depth examination of law and policy guidance relating to deportation. The team found that children’s best interests are not being properly assessed, in breach of UK and international obligations.
the report draws urgent attention to the ways in which affected children are falling between the cracks, and not having their needs, voices or welfare properly taking into consideration...
Dr Melanie Griffiths from the University of Birmingham and a lead author of the report said: “As the UK prepares to introduce new family immigration policies and increase the number of deportations, the report draws urgent attention to the ways in which affected children are falling between the cracks, and not having their needs, voices or welfare properly taking into consideration, despite the life-altering risks of permanent separation from their parents.”
Professor Helen Salford from the University of Liverpool and co-lead author of the report said: “Our findings highlight that children will continue to be put at significant risk of harm if their needs are ignored in immigration proceedings. Children who face separation from a parent through deportation should have the same level of consideration and protection as children facing separation as a result of child protection proceedings or parental imprisonment.”
The research reveals that life-changing decisions to deport parents are being made on the basis of little or no information about children, including their health and developmental needs. Many risk being taken into care, criminally exploited, or becoming young carers. Information from schools, health services, and local authorities is often missing, ignored or not taken into account in deportation decision-making. The research team found that the current Home Office decision-making framework offers inconsistent practice and inadequate oversight of safeguarding obligations. The research also highlights how inadequate consideration of children affected by deportation increases the likelihood of decisions being appealed, which impacts on the length and cost of legal proceedings.
The team also found that unlike the process in public Family Care proceedings, children facing separation from a parent through immigration proceedings have no voice in the process, no access to their own legal representation, and no independent legal claim. This means that children facing separation from parents are afforded significantly different legal protection and rights depending on the area of law.
The report proposes a range of urgent operational and policy reforms, which include:
Naomi Jackson, co-author of the report said: “Children who face possible separation from a parent through immigration detention and deportation are among the most vulnerable groups in the system. The report emphasises the failure of the authorities to meet their safeguarding duties - and that immigration law and practice must embed children’s welfare as a central concern, not an after-thought.”
Birmingham Fellow
Dr Griffiths is a social scientist, working on mobility and immigration enforcement in the UK.
