RMCC members hold the following fundamental and shared positions on matters relating to refugee, asylum-seeking and migrant children:
Children in the immigration and asylum process should be kept safe and their rights as children should be upheld regardless of or their or their parent/ guardian’s immigration status, nationality, race or ethnic origin.
All law, policy and practice affecting refugee and migrant children should be in accordance with the UN Convention on the Rights of the Child and the associated committee’s general comments, and the development of any new law and policy should be subject to a Child Rights Impact Assessment at the outset.
The Home Office must comply with its proactive duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to make arrangements for ensuring that immigration, asylum, nationality and customs functions are discharged having regard to the need to safeguard and promote the welfare of children in the UK.
The government should develop and implement a cross-departmental strategy for all refugee and migrant children and young people to ensure that their protection, development, integration and best interests are protected, and this should be led by the Department for Education as the department responsible for safeguarding and protecting all children.
All decisions regarding children’s immigration and asylum claims and their support and care should be made in accordance with what is in the best interests of the child.
All children and young people who are in the asylum and immigration systems should have timely access to free, expert legal representation which is child-centred and receive the holistic support they need to be able to engage effectively with their legal case.
All children, young people and families must have equal access to all public services including free primary and secondary health care when they need it, regardless of their immigration status.
All refugee and migrant children, regardless of the outcome of their claim, must be able to attend mainstream education, if it is in their best interests, and given the support they need in order to thrive. This includes supporting them to progress into higher education where this is their ambition.
Children should only be subject to age disputes where there is significant reason to doubt their age and any assessment should be conducted by a holistic, multi-agency team led by local authority social workers.
The government must end the use of forced destitution and homelessness policies and enable all children and families who have international protection needs or cannot leave the UK to access employment, cash-based support and safe and appropriate housing in the community to ensure children’s welfare is promoted. No child or young person should be forced into poverty as a result of immigration policy.
Unaccompanied children should be in the care of a children’s services from the moment they arrive in the UK, or come to the attention of authorities. They should be housed with families or in supported accommodation, in line with their needs and wishes. Hotels and bed and breakfast accommodation is never appropriate for children.
Children in the care of local authorities should continue to receive support as care leavers when they turn 18, regardless of their status, including with access to education.
Children should not be separated from their parents for the purposes of immigration control and force should not be used on children and families to affect an enforced removal.
Children should not be detained for the purposes of immigration control and authorities should ensure that alternative enforcement measures do not harm children’s health and welfare.
Children must not be returned to countries or circumstances where they would be unsafe or at risk of harm. Return should only otherwise happen following a fair and efficient examination of children and families asylum or immigration claims where children’s best interests should be integral to any decision to return.
All children and young people should have effective access to justice through the provision of civil legal aid including to resolve their immigration problems, when they need it and regardless of their residence or immigration status.
Children and young people seeking protection need to be provided with a ‘durable solution’, meaning secure immigration status and a long-term plan for their recovery and development. This must be based on an individual assessment of each child’s best interests that takes into account the child’s views, needs and concerns, their immediate safety as well as their long-term best interests.
The government should introduce a system of independent legal guardianship for all separated children, including victims of trafficking and exploitation, from the moment they come into contact with any authority until a durable solution is reached.
