Question to the Home Office:

To ask His Majesty's Government when, if at all, they intend to publish the operational processes and circumstances in which the Home Office will use the ‘vice versa’ power of child transfer from local authority care under the Illegal Migration Act 2023.

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.

In light of Mr Justice Chamberlain’s High Court judgment of 27 July 2023 in ECPAT UK, R (On the Application Of) v Kent County Council & Anor [2023] EWHC 1953 (Admin), we are reflecting on our use of powers in the Illegal Migration Act relating to the accommodation and transfer of unaccompanied children. This includes the vice versa transfer power in Section 17. These powers have not yet been commenced; a decision will be made on this matter in due course.

We will continue to work with local authorities across the UK to ensure suitable local authority placements are provided for unaccompanied children, in line with their statutory duties.