I absolutely agree. I will elaborate on this, but it is our moral and legal duty to assume responsibility for those children, and that has been sadly lacking from the Government and the Home Office.
In early April, the Children’s Commissioner for England requested data on the number of children in Home Office hotels since July 2021. I understand—I hope the Minister will bring us up to date—that the Home Office has yet to reply to that statutory data request. I believe that is unprecedented, so I will be very interested in whether the Minister can explain why that information has not been provided and when the Home Secretary will endeavour to do so.
Part of the issue is that the real number of children in the system is obscured by the visual age, or “glance”, assessment process. The Refugee Council report “Identity Crisis” highlights the cases of 233 children that it supported last year, 94% of whom the Home Office wrongly judged to be over 18. They were housed with adults, with no access to support or education and at clear risk of abuse and neglect. On top of that, last year the independent chief inspector of borders and immigration found staff at some hotels without Disclosure and Barring Service checks.
Shockingly, despite repeated warnings by the police that children would be targeted by criminal networks, the Home Office has failed to prevent hundreds from going missing, as the hon. Member for Hampstead and Kilburn (Tulip Siddiq) referred to. She mentioned the 440 occurrences that we know of and the 186 children who remained missing as of April 2023. Members from across the House have asked time and again about that, but have received little detail on what action is being taken.
The UK Government’s inability or unwillingness to guarantee the safety of those children has been condemned at home and abroad. More than 100 charities wrote an open letter to the Prime Minister in January calling for the Home Office to stop accommodating separated children in hotels, without delay. UN experts echoed that call in April, commenting that the UK is failing
“under international human rights law to…prevent trafficking of children.”
A report published by the independent chief inspector of borders and immigration in October last year recommended that a viable and sustainable exit strategy from the use of hotels should be delivered within six months. The Home Office has no exit strategy; instead, Ministers are doubling down. The asylum hotel accommodation system is becoming institutionalised, and the Illegal Migration Bill—or, as it is known by some, the refugee ban Bill—will empower the Home Secretary to accommodate even more children outside the care system.
Under article 22 of the UN convention on the rights of the child, children seeking refugee status must receive appropriate protection and humanitarian assistance, but the Illegal Migration Bill is effectively a ban on the right to claim asylum if the claimant arrived in the UK irregularly, such as through trafficking or modern slavery,
regardless of their individual circumstances. It will create a two-tier system where the immigration status of refugee and asylum-seeking children overrides their rights as children in the UK. It has been said to me that, in the eyes of the Home Office, they are seen as illegal migrant first, everything else second.
Analysis by the Refugee Council based on publicly available sources and conservative estimates suggests that 45,000 children could be detained in the UK under the Government’s plans. Both the Children’s Commissioner and the chief inspector have warned about the pressure that that will put on local authorities in England to fulfil their duties under the Children Act.
The Bill also includes an attack on devolution, which is unfortunately becoming customary from the UK Government. Clause 19 gives the Home Secretary the unilateral power to extend the provisions to Scotland, Wales and Northern Ireland.