Children in Care: EU Nationals

(asked on 27th September 2019) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to Section 20 rules to apply to stay in the UK under the EU Settlement Scheme, what support her Department is providing to local authorities to enable them to work with looked-after children that are EU nationals.


Answered by
Brandon Lewis Portrait
Brandon Lewis
This question was answered on 3rd October 2019

The Home Office has put in place a comprehensive vulnerability strategy to ensure that the EU Settlement Scheme (EUSS) is accessible for all, including children in care.

For England, Scotland and Wales local authorities (LAs) and for Northern Ireland Health and Social Care Trusts (HSCTs) will have responsibility in ensuring that applications are made on behalf of all looked after children for whom they have full parental responsibility and who are EEA citizens or family members and to assist with accessing services with status once granted.

If the child is cared for under shared care provisions, it is LAs and HSCTs responsibility to ensure that the child, and their carers, are aware of the need to make an application to the EUSS, signposting them to practical support where needed.

To help local authorities prepare for the launch of the EU Settlement Scheme, the Home Office made several recommendations. Identifying the eligible cohort of children and care leavers was one of the recommendations, along with identifying resource to manage this work stream.

The Children Act 1989 provides the legal framework for local authorities to promote a child’s welfare and best interests, setting out statutory duties in relation to looked after children in England, with respective authorities for the devolved administrations. Statutory guidance is provided by DfE in relation to this. This statutory duty to promote best interests, coupled with funding provided to local authorities under a new burdens assessment should ensure that this important work will be done.

Additionally, the Home Office has been holding monthly teleconferences for local authority staff who are undertaking this work. A designated help-line number has also been made available for local authority staff to contact trained caseworkers in the Home Office should they need to discuss any aspect of the EU Settlement Scheme.

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