Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to ensure that its immigration, asylum, nationality and customs functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom. This includes ensuring that the best interests of the child must be a primary consideration in every decision taken in respect of them<\/p>
Unaccompanied child victims who are not granted refugee status or discretionary leave to remain are not required to leave the UK unless we are confident that there are safe and adequate reception arrangements in the country to which they will be returned. Instead, leave to remain is granted for 30 months or until they are 17½ years of age, whichever is the shorter period. Upon turning 18, they are expected to return to their home country or make a further application to the Home Office if they believe they have a lawful basis to remain.<\/p>
If the child is a looked after child, local authority children\u2019s social care social workers and personal advisors will work with the child to develop a pathway plan for when they turn 18 - whether they have been granted permanent leave to stay, or are still awaiting a decision, or have been given temporary leave to stay until they turn 18.<\/p>
To ensure that they are prepared for the possibility that their asylum claim or immigration application is not successful their plan will need to include a focus on their return to their home country at 18 This holistic and informative approach gives children who do not have, or do not yet have, leave to remain in the UK long-term the best chance of achieving durable outcomes, whether in the UK or abroad.<\/p>
In addition, Section 48 of the Modern Slavery Act 2015, makes provisions for Independent Child Trafficking Advocates (ICTAs). The purpose of an ICTA is to advocate on behalf of the child to ensure their best interests are reflected in the decision-making processes undertaken by the public authorities who are involved in the child\u2019s care. Drawing on their knowledge and experience, ICTAs are able to represent the views of the child at multi-agency meetings and, where appropriate, suggest approaches that might not reflect the views of the child but represent the child\u2019s best interests.<\/p>
The Government is committed to rolling out ICTAs nationally with the service currently being available in one third of local authorities in England and Wales with the Government<\/p>
The Independent Review of the Modern Slavery Act led by Frank Field, Baroness Butler-Sloss and Maria Miller has recently considered Section 48 of the Modern Slavery Act 2015, which makes provisions for ICTAs. The Review\u2019s interim reports can be found here<\/a>. The Government is currently carefully considering the recommendations for ICTAs for national roll out.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4048", "label" : {"_value" : "Biography information for Caroline Nokes"}
}
, "answeringMemberConstituency" : {"_value" : "Romsey and Southampton North"}
, "answeringMemberPrinted" : {"_value" : "Caroline Nokes"}
, "dateOfAnswer" : {"_value" : "2019-06-11", "_datatype" : "dateTime"}
, "groupedQuestionUIN" : {"_value" : "259941"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2019-06-11T14:15:50.52Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "1"}
, "answeringDeptShortName" : {"_value" : "Home Office"}
, "answeringDeptSortName" : {"_value" : "Home Office"}
, "date" : {"_value" : "2019-06-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Human Trafficking: Children"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for the Home Department, with reference to Article 16.2 of the EU Anti-Trafficking Directive 2011/36, what assessment he has made of adequacy of opportunities for child victims of trafficking living in the UK to secure a durable solution; and if he will make a statement.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/3930", "label" : {"_value" : "Biography information for Caroline Lucas"}
}
, "tablingMemberConstituency" : {"_value" : "Brighton, Pavilion"}
, "tablingMemberPrinted" : [{"_value" : "Caroline Lucas"}
], "uin" : "259940"}
, {"_about" : "http://data.parliament.uk/resources/1129693", "AnsweringBody" : [{"_value" : "Home Office"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1129693/answer", "answerText" : {"_value" : " Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to ensure that its immigration, asylum, nationality and customs functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom. This includes ensuring that the best interests of the child must be a primary consideration in every decision taken in respect of them<\/p> Unaccompanied child victims who are not granted refugee status or discretionary leave to remain are not required to leave the UK unless we are confident that there are safe and adequate reception arrangements in the country to which they will be returned. Instead, leave to remain is granted for 30 months or until they are 17½ years of age, whichever is the shorter period. Upon turning 18, they are expected to return to their home country or make a further application to the Home Office if they believe they have a lawful basis to remain.<\/p> If the child is a looked after child, local authority children\u2019s social care social workers and personal advisors will work with the child to develop a pathway plan for when they turn 18 - whether they have been granted permanent leave to stay, or are still awaiting a decision, or have been given temporary leave to stay until they turn 18.<\/p> To ensure that they are prepared for the possibility that their asylum claim or immigration application is not successful their plan will need to include a focus on their return to their home country at 18 This holistic and informative approach gives children who do not have, or do not yet have, leave to remain in the UK long-term the best chance of achieving durable outcomes, whether in the UK or abroad.<\/p> In addition, Section 48 of the Modern Slavery Act 2015, makes provisions for Independent Child Trafficking Advocates (ICTAs). The purpose of an ICTA is to advocate on behalf of the child to ensure their best interests are reflected in the decision-making processes undertaken by the public authorities who are involved in the child\u2019s care. Drawing on their knowledge and experience, ICTAs are able to represent the views of the child at multi-agency meetings and, where appropriate, suggest approaches that might not reflect the views of the child but represent the child\u2019s best interests.<\/p> The Government is committed to rolling out ICTAs nationally with the service currently being available in one third of local authorities in England and Wales with the Government<\/p> The Independent Review of the Modern Slavery Act led by Frank Field, Baroness Butler-Sloss and Maria Miller has recently considered Section 48 of the Modern Slavery Act 2015, which makes provisions for ICTAs. The Review\u2019s interim reports can be found here<\/a>. The Government is currently carefully considering the recommendations for ICTAs for national roll out.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4048", "label" : {"_value" : "Biography information for Caroline Nokes"}
}
, "answeringMemberConstituency" : {"_value" : "Romsey and Southampton North"}
, "answeringMemberPrinted" : {"_value" : "Caroline Nokes"}
, "dateOfAnswer" : {"_value" : "2019-06-11", "_datatype" : "dateTime"}
, "groupedQuestionUIN" : {"_value" : "259940"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2019-06-11T14:15:50.59Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "1"}
, "answeringDeptShortName" : {"_value" : "Home Office"}
, "answeringDeptSortName" : {"_value" : "Home Office"}
, "date" : {"_value" : "2019-06-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Human Trafficking: Children"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for the Home Department, with reference to Article 16.2 of the EU Anti-Trafficking Directive 2011/36, and recommendation 5.4 of 2015 UNICEF report, Achieving a durable solution for trafficked children, what steps he is taking to establish a multi-agency best interests decision-making process to find a durable solution for each child victim of trafficking living in the UK.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/3930", "label" : {"_value" : "Biography information for Caroline Lucas"}
}
, "tablingMemberConstituency" : {"_value" : "Brighton, Pavilion"}
, "tablingMemberPrinted" : [{"_value" : "Caroline Lucas"}
], "uin" : "259941"}
, {"_about" : "http://data.parliament.uk/resources/1129694", "AnsweringBody" : [{"_value" : "Home Office"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1129694/answer", "answerText" : {"_value" : " Child victims of trafficking identified through the National Referral Mechanism often apply for asylum and are granted refugee status if their applications are successful. If they are not granted asylum they are considered for a grant of discretionary leave to remain.<\/p> The Government welcomes the findings of the Independent Review of the Modern Slavery Act, which has published its final report.<\/p> https://www.gov.uk/government/collections/independent-review-of-the-modern-slavery-act<\/a><\/p> We are carefully considering the recommendations of the Review, including the recommendations on the Independent Child Trafficking Advocate (ICTA) service, and will publish a formal response in summer 2019. The Government remains committed to rolling out the ICTA service nationally as soon as possible.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4399", "label" : {"_value" : "Biography information for Victoria Atkins"}
}
, "answeringMemberConstituency" : {"_value" : "Louth and Horncastle"}
, "answeringMemberPrinted" : {"_value" : "Victoria Atkins"}
, "dateOfAnswer" : {"_value" : "2019-06-11", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2019-06-11T13:40:39.867Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "1"}
, "answeringDeptShortName" : {"_value" : "Home Office"}
, "answeringDeptSortName" : {"_value" : "Home Office"}
, "date" : {"_value" : "2019-06-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Human Trafficking: Children"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for the Home Department, with reference to the May 2019 final report of the independent review of the Modern Slavery Act, whether he plans to implement the recommendations on introducing one-to-one Independent Child Trafficking Advocates across England and Wales as soon as possible for trafficked children.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/1583", "label" : {"_value" : "Biography information for Ms Lyn Brown"}
}
, "tablingMemberConstituency" : {"_value" : "West Ham"}
, "tablingMemberPrinted" : [{"_value" : "Lyn Brown"}
], "uin" : "259928"}
, {"_about" : "http://data.parliament.uk/resources/1127877", "AnsweringBody" : [{"_value" : "Home Office"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1127877/answer", "answerText" : {"_value" : " Independent Child Trafficking Advocates (ICTAs) are an independent source of advice for trafficked children and somebody who can speak up on their behalf.<\/p> The Government has successfully rolled out ICTAs to one third of all local authorities in England and Wales, in line with the commitment made in July last year. Where the service is available, all children that are potential victims of trafficking are eligible for support.<\/p>
Additionally, unaccompanied child victims who are not granted refugee status or discretionary leave to remain are not required to leave the UK unless we are confident that there are safe and adequate reception arrangements in the country to which they will be returned. Instead, leave to remain is granted for 30 months or until they are 17½ years of age, whichever is the shorter period.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4048", "label" : {"_value" : "Biography information for Caroline Nokes"}
}
, "answeringMemberConstituency" : {"_value" : "Romsey and Southampton North"}
, "answeringMemberPrinted" : {"_value" : "Caroline Nokes"}
, "dateOfAnswer" : {"_value" : "2019-06-11", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2019-06-11T14:11:55.883Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "1"}
, "answeringDeptShortName" : {"_value" : "Home Office"}
, "answeringDeptSortName" : {"_value" : "Home Office"}
, "date" : {"_value" : "2019-06-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Human Trafficking: Children"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for the Home Department, if he will make it his policy to enable child victims of trafficking to apply for a grant of leave to remain in the UK on the basis of their identification as a victim through the National Referral Mechanism; and if he will make a statement.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/3930", "label" : {"_value" : "Biography information for Caroline Lucas"}
}
, "tablingMemberConstituency" : {"_value" : "Brighton, Pavilion"}
, "tablingMemberPrinted" : [{"_value" : "Caroline Lucas"}
], "uin" : "259942"}
, {"_about" : "http://data.parliament.uk/resources/1129871", "AnsweringBody" : [{"_value" : "Home Office"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1129871/answer", "answerText" : {"_value" : "