About the Family Law Week blog

The Family Law Week Blog is a companion site to Family Law Week. It complements the news, cases and articles published on Family Law Week with additional comment and coverage of the wider aspects of family law.

The Blog is edited by Jacqui Gilliatt, of 4 Brick Court and Lucy Reed, of St Johns Chambers.

Tuesday, 19 November 2013

Local Authority Duties to Young People who are Failed Asylum Seekers

Generally the majority of separated young people once 18 will be entitled to leaving care support up to at least the age of 21 if they have been accommodated by the local authority under section 20 of the children act 1989 for at least 13 weeks subsequent to the 14th birthday.

R(SO) v Barking and Dagenham 2010 EWCA Civ 1101

Paragraph 6 of Schedule 3 states that young people who are considered to be' failed asylum-seekers' are entitled to continue to receive leaving care support from a local authority up to the point where they' fail to comply with the removal directions' set by the UK Border Agency (a removal direction details the time and place of removal from the UK). In other words being a failed asylum seeker is not sufficient reason to withdraw or withhold social services support. They must, in addition, have failed to comply with removable directions issued in respect of them. Many young people will fit into another category in schedule 3:' persons unlawfully in the UK'. If a young person is found to be a person' unlawfully in the UK', then they can have their leaving care and support withdrawn, providing that to do so would not breach their rights under the European Convention on Human Rights or under the European Community Treaties. The UK Border Agency currently reimburses local authority for the cost of accommodating separated children seeking asylum, and continues to do so for those children when they turn 18 if their claim is still pending. Case law has made it clear that a young person should not be moved by the local authority onto support under Section 4 of the UK Border Agency, but support should instead be provided by the local authority. However, 'appeal rights exhausted' cases are eligible for funding for only 3 months. Reimbursement will only be provided if the local authority conducts a human rights assessment as necessary under Schedule 3.

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