Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 11 October 2022 to Question 53260 on Migrants: Children, what safeguards her Department has identified that ensure British children of parents with no recourse to public funds receive support when (a) facing destitution and (b) other care needs.

The Government is committed to protecting the vulnerable. Processes are in place to enable those with permission under the Family or Private Life routes, permission outside the rules on the basis of Article 8 of the European Convention on Human Rights, or the Hong Kong British National (Overseas) route, to apply for free to have the No Recourse to Public Funds (NRPF) condition lifted by making a ‘change of conditions’ application. An individual can apply to have their NRPF condition lifted if they are destitute or at risk of imminent destitution, if there are reasons relating to the welfare of a relevant child, or where there are other exceptional financial circumstances.

This includes parents of British children where those parents are subject to a NRPF condition.

Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. Support provided to a child by local authorities under Section 17 of the Children Act 1989 is not dependent on the immigration status of the child or their parent(s) and is therefore available to parents of British children where those parents are subject to an NRPF condition.