Balancing Immigration and Child Protection: Social Worker Insights

The recent civil unrest in Leeds, which centred around the removal of Roma children, highlighted challenges that social workers encounter when working with families dealing with complex immigration issues.

On the 18 July 2024, 4 children belonging to a Roma family were removed from their home sparking unrest in the Harehills area of Leeds. Concerns about the children’s welfare together with a fear that the children would be removed from the UK by the family prompted the court to order the children’s removal from their family home. It was widely reported in the news that the children’s immigration status may have made it difficult for them to be returned to the UK had the family left.

The law places strict duty on local authorities, partner organisations and agencies to safeguard and promote the welfare of children in the area. When faced with a family with complex immigration issues, social workers often suffer difficulties resolving these issues.

Often when local authorities seek assistance, it is because the child holds no immigration status, or unknown immigration status. Parents are often unwilling to assist or are unreliable in providing the information or documentation needed to regularise the child’s status. Sometimes the parents’ own immigration status is unknown. Each case will be different and will require a comprehensive review of the child’s circumstances to see what action can be taken.

British citizen

The first step to check should always be whether the child is a British citizen. When a child is born in the UK, they are not always automatically British. The child must be born to a parent who is British or settled in the UK at the time of the child’s birth.  If the child is not automatically British, consideration should be made as to whether the child has an entitlement or discretionary grounds to be registered as British.

Permission to stay under the Immigration Rules

Without British citizenship, the local authority on the child’s behalf will need to submit an application to the Home Office for permission to stay in the UK.  The Immigration Rules include a variety of routes that a child might be eligible for.

• Staying with a non-parent relative – This is a route specifically for children to join other family members who hold protection status (refugee/humanitarian protection) in the UK.
• 7 year route – This is a route for children born in the UK and who have lived continuously in the UK for at least 7 years.
• Private life – This a route which includes a provision for young adults who came to the UK as a child, are aged between 18 and 25 and have lived in the UK for at least half their life in the UK.

Serious & Compelling Reasons

The Immigration Rules are large but do not cover every circumstance. In certain cases, the local authority may need to submit an application for the child which is outside the scope of the Immigration Rules. When considering applications for permission to stay, the Home Office will need to take into account the child’s best interests and any human rights considerations. These are complex applications, and each application will be treated on its own merits.

Looked After Children 

The welfare of the child, particularly those in care, may override immigration concerns. The Home Office recognise that if social services have decided it’s appropriate for the child to remain in the UK then this must be taken into account. There is provision within Home Office guidance for permission to be granted to children who are in the care of the local authority.  

Navigating Immigration

Ideally social workers will identify any immigration issues at an early stage, rather than when faced with a time sensitive issue, requiring confirmation of immigration status as part of Court proceedings or needing a passport to travel.  They can start asking these questions and gathering the details needed and, when concerns are highlighted, seek advice. If the child’s immigration status can be regularised, this can assist in ensuring the child’s best interests are protected.