Question to the Home Office:

To ask the Secretary of State for the Home Department, if she will bring forward legislative proposals to amend Schedule 3 of the Nationality, Immigration and Asylum Act 2002 in order to ensure that there is no discrimination against care leavers who were taken into care as unaccompanied asylum-seeking children.

There are no plans to amend the law. The existing legislation ensures that unaccompanied children who apply for asylum receive the same support and care from local authorities under the Children Act 1989 as any other child in need.

When a person reaches 18 years of age their position is different if their asylum claims have been finally refused and any appeals dismissed. In these cases, any further support may only be provided if is necessary to do so to prevent a breach of their human rights. This will depend on an assessment of the particular circumstances, but examples include cases where there is an unavoidable obstacle preventing their return to their own countries - for example if they are too sick to travel or need time to obtain a necessary travel document.