Placing unaccompanied asylum seeking children in hotels unlawful, charities say
More than 100 charities have written to the Prime Minister claiming that the Home Office's policy of placing asylum-seeking children in hotels is a "significant departure" from the Children Act 1989 and established standards.
The letter, coordinated by ECPAT UK and the Refugee Council, expresses "grave concern" over news that more than 440 children seeking asylum have been reported missing from Home Office hotels, with 200 remaining missing.
Calling for an end to the policy, the charities argue that "there is no legal basis" for the practice and, almost two years into the operation of the scheme, it is no longer possible to justify the use of hotels as being 'temporary'.
The letter adds: "It is a significant departure from the Children Act 1989 and established standards, including those identified in the Home Office's Every Child Matters: Change for Children statutory guidance issued under section 55 of the Borders, Citizenship and Immigration Act 2009, which requires prompt referral of children to local authority care.
"Moreover, the National Transfer Scheme, implemented through section 72 of the Immigration Act 2016, has the specific aim of ensuring responsibility for looking after unaccompanied children is borne by local authorities (not the Home Office)."
In the House of Commons on Tuesday (24 January), the Minister for Immigration, Robert Jenrick, confirmed that there have been 440 missing occurrences from hotels and 200 children remain missing.
News of the missing incidents comes despite numerous warnings over keeping asylum-seeking children in hotels being communicated by charities to the Government, the letter claims.
A Home Office spokesperson said: “The wellbeing of children and minors in our care is an absolute priority. Robust safeguarding procedures are in place to ensure all children and minors are safe and supported as we seek urgent placements with a local authority.
“Any child or minor going missing is extremely serious, and we work around the clock with the police and local authorities to urgently locate them and ensure they are safe.
“We are determined to stop the use of hotels for all minors. To achieve this goal, we are providing local authorities with £15,000 for every unaccompanied child they take into their care.”
The Home Office has been threatened with two judicial review claims over its placement of asylum seekers in hotels. Most recently, East Lindsey District Council sent a pre-action protocol letter to the department earlier this month citing tourism concerns.
Numerous other councils have sought injunctions in attempts to block local hotels from being used under the scheme.
Adam Carey
