Asked by: Mark Hendrick (Labour (Co-op) - Preston)
Question to the Department for Education:
To ask the Secretary of State for Education, how many children in local authority care are EU citizens that were born in the UK; and what proportion have applied to the EU Settlement Scheme.
Answered by Will Quince
The information requested relating to children looked after by English local authorities is not held centrally. Information for Wales, Scotland or Northern Ireland is a matter for the devolved administrations.
From 4 October to 30 November 2021, the Home Office undertook the most recent in a series of surveys of local authorities in England, Wales and Scotland and of Health and Social Care Trusts in Northern Ireland to provide an update on the estimated number of looked after children and care leavers eligible to apply to the EU Settlement Scheme. The figures were published at: https://www.gov.uk/government/publications/eu-settlement-scheme-home-office-looked-after-children-and-care-leavers-survey-2020/eu-settlement-scheme-home-office-looked-after-children-and-care-leavers-survey-november-2021.
Asked by: Diana Johnson (Labour - Kingston upon Hull North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 12 July 2021 to Question 28132 on Immigration: EU Nationals, when her Department will have more up to date figures on how many children and young people there were in the care of local authorities and who were eligible to apply for the EU Settled Status Scheme who had not applied to that Scheme by the deadline of 30 June 2021.
Answered by Kevin Foster
The Home Office is continuing to work closely with local authorities to ensure applications to the EU Settlement Scheme (EUSS) are made in respect of eligible looked after children and care leavers.
This has included running webinars for local authority staff making or supporting EUSS applications, providing support seven days a week via the EU Settlement Resolution Centre and making available £22 million in grant funding, through to 30 September 2021, for a network of 72 organisations across the UK, including several local authorities and local government associations, to help vulnerable groups apply to the EUSS.
Using the data from the most recent survey, we have also delivered further workshops and targeted engagement with local authorities. We are now considering options for further progress monitoring in relation to this cohort.
Asked by: Diana Johnson (Labour - Kingston upon Hull North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 12 July 2021 to Question 28133 on Immigration: EU Nationals, and with reference to page 31-33 of her Department's guidance entitled EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members, published on 21 May 2021, if she will publish a list of examples of what would not be deemed by her Department to be reasonable grounds for a child or young person who had been in the care of a local authority missing the deadline to apply to the EU Settlement Scheme applicable to them under the EU Settlement Scheme; and what effect not having those reasonable grounds would have on the right to reside of those children or young people.
Answered by Kevin Foster
In line with the Citizens’ Rights Agreements, there remains scope, indefinitely, for a person eligible for status under the EU Settlement Scheme (EUSS) to make a late application to the scheme where there are reasonable grounds for their failure to meet the deadline applicable to them.
We would consider it reasonable grounds for a late application to be made where a local authority failed in its duty to apply to the EU Settlement Scheme on behalf of a child in its care or where a parent or guardian failed to make an application on behalf of someone aged under 18 on deadline day.
The guidance published on 1 April is not exhaustive and we will take a pragmatic and flexible approach to cases in light of the particular circumstances of each application.
Asked by: Catherine West (Labour - Hornsey and Wood Green)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps she is taking to ensure that local authorities are supporting eligible children in their care to apply to the EU Settlement scheme.
Answered by Kevin Foster
The Home Office has put in place a support model to ensure the EU Settlement Scheme (EUSS) is accessible for all, including looked after children. The Home Office has engaged extensively with relevant stakeholders such as the Department for Education, Local Government Association and Association of Directors of Children’s Services to assess the needs of this group and ensure they are supported. This engagement continues and all parties are committed to ensuring local authorities are supported throughout the process.
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 Home Office has also produced an information pack to assist local authorities with responsibilities for looked after children.
The Home Office is committed to continue engaging with local authorities as they undertake their responsibilities to ensure all eligible looked after children and care leavers are supported to make an application to the EUSS. The Home Office will ensure caseworkers liaise with and support applicants to get the status they require.
The Home Office is directly engaging with local authorities, social workers, and those making applications on behalf of looked after children, children in care and care leavers to provide support and information. We will work with supporting organisations to assist with the evidence which could be provided and apply evidential flexibility where possible.
Additionally, the Home Office has been holding monthly teleconferences for local authority staff who are undertaking this work. The teleconferences provide a forum to obtain information, ask questions and raise issues. 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, be it a specific case issue, or a matter of general information.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 11 February 2020 to Question 12894, on Immigration: EU Nationals, if his Department will work with local authorities to estimate the number of looked-after children that (a) are eligible for settled status and (b) have applied successfully for settled status.
Answered by Kevin Foster
The Home Office has put in place a comprehensive vulnerability strategy to ensure the EU Settlement Scheme is accessible for all, including children in care.
The Home Office has engaged extensively with relevant stakeholders such as the Department for Education, Local Government Association and Association of Directors of Children’s Services to assess the needs of this group and ensure they are supported. That engagement continues, and all parties are committed to ensuring local authorities are supported throughout the process.
The vital role local authorities and health and social care trusts (HSCT) have with regards to looked after children accessing the EU Settlement Scheme has been agreed nationwide. Those responsibilities include the identification of eligible children and the recording of each application made. This includes the outcome status and future plans for converting pre-settled status into settled status.
Asked by: Afzal Khan (Labour - Manchester, Gorton)
Question to the Department for Education:
To ask the Secretary of State for Education, how many (a) children in care and (b) care leavers were EU nationals in the latest period for which figures are available.
Answered by Michelle Donelan - Secretary of State for Science, Innovation and Technology
The information requested is not held centrally as the department does not collect information on the nationalities of looked after children.
Asked by: Afzal Khan (Labour - Manchester, Gorton)
Question to the Department for Education:
To ask the Secretary of State for Education, what estimate his Department has made of the number of (a) children in care and (b) care leavers in each of the 10 boroughs in Greater Manchester are EU nationals in the latest period for which figures are available.
Answered by Michelle Donelan - Secretary of State for Science, Innovation and Technology
The information requested is not held centrally as the department does not collect information on the nationalities of looked after children.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
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
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.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps she is taking to ensure that children in care that are EU nationals are informed of the potential requirement to apply to secure their status in the UK.
Answered by Brandon Lewis
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.
Asked by: Baroness Armstrong of Hill Top (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government how many looked-after children are non-UK EU nationals.
Answered by Lord Agnew of Oulton
The department does not hold information on the nationality of looked-after children in England. However, estimates suggest that there may be around 5,000 children in care who are non-UK EU nationals.
We recognise that looked-after children who are non-UK EU nationals will require support with immigration issues. It is important that local authorities offer the necessary support by addressing these issues early as part of any assessment and care plan. In doing so, local authorities can seek legal advice about the appropriate action based on the circumstances of the individual looked-after child.
Legislation will also be introduced to bring immigration matters for separated migrant children into the scope of legal aid, meaning that this group will get support in securing their immigration rights. Legal aid may also be available through the Exceptional Case Funding scheme where a failure to provide legal aid would breach, or risk breaching, European Court of Human Rights law rights or enforceable EU law rights.
Ensuring that looked-after children are supported to obtain a status under the European Union Settlement Scheme is a core element in the delivery of the scheme.
Local authorities are expected to make applications on behalf of all eligible looked-after children for whom they have parental responsibility and to raise awareness of the scheme and offer support as required for looked-after children for whom they do not hold parental responsibility.
Guidance has been issued to local authorities to help them with these responsibilities.