Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to paragraph 56(d) of the judgement of 28 November 2023 of Mr. Justice Chamberlain, in the case of R (on the application of Kent County Council) v Secretary of State for the Home Department [2023], whether he plans to commence the provisions of the 2023 Act.

The Illegal Migration Act received Royal Assent on 20 July 2023. The Act seeks to ensure the only way to come to the UK for protection will be through safe and legal routes and will take power out of the hands of the criminal gangs and protect vulnerable people, including children.

Following the High Court ECPAT judgment and Supreme Court judgment on Rwanda, the Government is carefully reflecting on commencement of the powers in the Act, including those relating to the accommodation and transfer of unaccompanied children.

These powers have not yet been commenced and a decision will be made in due course. The Act does not change a local authority’s statutory obligations to children from the date of arrival and that the best place for an unaccompanied child is in the care of a local authority. This is something the Government was consistently clear about during the Illegal Migration Act’s passage through Parliament.

We are working at pace with Kent County Council, other government departments and local authorities across the UK to ensure suitable local authority placements are provided for unaccompanied asylum seeking children urgently and sustainably.