ECPAT UK Wins legal challenge for continued support for the children act 1989

The High Court has found that Kent County Council has acted in breach of its Children Act 1989 duties by failing to accommodate and look after all unaccompanied children seeking asylum when notified of their arrival. The High Court has also found the Secretary of State for the Home Department to have acted unlawfully in routinely and systematically accommodating newly arrived unaccompanied children in hotels, denying them the protection of a local authority corporate parent.

Patricia Durr, CEO of ECPAT UK (Every Child Protected Against Trafficking), said:

“This judgement powerfully reaffirms the primacy of the Children Act 1989 and our child welfare statutory framework which does not allow for children to treated differently because of their immigration status. It remains a child protection scandal that so many of the most vulnerable children remain missing at risk of significant harm as a consequence of these unlawful actions by the Secretary of State and Kent County Council.

Despite the recent passing of the Illegal Migration Act 2023, which will deny unaccompanied children the right to claim asylum, amongst other hugely damaging provisions, this judgement serves as a clear and timely reminder that neither central nor local government departments can depart from the statutory child welfare framework and the duties towards all children under The Children Act 1989.

We will continue to defend the rights of every child in the UK to live free from exploitation and access the care they are entitled to under the law.”

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