‘Routine’ housing of unaccompanied youngster asylum seekers in lodges is illegal, High Court guidelines

The “routine” housing of unaccompanied youngster asylum seekers in lodges by the Home Office is illegal, the High Court has dominated.

The charity, Every Child Protected Against Trafficking (ECPAT), had introduced authorized motion towards the Home Office over the apply of housing unaccompanied children in Home Office lodges – claiming the preparations are “not fit for purpose”.

In his ruling, Mr Justice Chamberlain mentioned using lodges for unaccompanied asylum-seeking kids has turn into illegal.

He informed the court docket the ability to position kids in lodges “may be used on very short periods in true emergency situations”.

The choose added: “It cannot be used systematically or routinely in circumstances where it is intended, or functions in practice, as a substitute for local authority care.”

He continued: “From December 2021 at the latest, the practice of accommodating children in hotels, outside local authority care, was both systematic and routine and had become an established part of the procedure for dealing with unaccompanied asylum-seeking children.

“From that time on, the house secretary’s provision of lodge lodging for unaccompanied asylum-seeking kids exceeded the correct limits of her powers and was illegal.

“There is a range of options open to the home secretary to ensure that unaccompanied asylum-seeking children are accommodated and looked after as envisaged by parliament.

“It is for her to resolve how to take action.”

Mr Justice Chamberlain mentioned: “Ensuring the safety and welfare of children with no adult to look after them is among the most fundamental duties of any civilised state.”

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EPCAT’s bid was heard in London alongside related claims introduced by Brighton and Hove City Council and Kent County Council towards the division.

As nicely as discovering the Home Office’s use of lodges to deal with youngster asylum seekers illegal, the choose mentioned Kent County Council is performing unlawfully in failing to accommodate and take care of unaccompanied asylum-seeking kids.

He mentioned: “In ceasing to accept responsibility for some newly arriving unaccompanied asylum seeking children, while continuing to accept other children into its care, Kent County Council chose to treat some unaccompanied asylum seeking children differently from and less favourably than other children, because of their status as asylum seekers.”

The Home Office and Department for Education had opposed the authorized challenges and mentioned the lodge use was lawful however was “deployed effectively as a ‘safety net’ and as a matter of necessity”.