Children’s commissioner threatens legal action over government’s asylum plans
Fiona Simpson
Thursday, May 25, 2023
The children’s commissioner for England has threatened legal action against the government if its Illegal Migration Bill is not amended to offer greater protection to children.
Speaking to Cathy Newman on Channel 4 News, Dame Rachel de Souza, said she is “deeply concerned” about parts of the Bill which allows the detention of unaccompanied asylum-seeking children for up to three days without a court order.
If passed, the Bill would also mean asylum seekers who arrive in the UK as children can be removed to Rwanda or another country when they reach 18 and strengthens rules around controversial age assessments.
De Souza said the Bill “undermines” the Children Act 1989 and expressed concerns over “how quickly” the Bill is being passed through parliament.
“I am trying to change the bill, I’m working really hard to ensure that it doesn’t go into law as it stands,” she said.
When pressed by Newman on the steps she would take if changes are not made, de Souza added: “I think we need to look at legal action because I’m concerned about this bill and its impact on vulnerable children.”
The Bill is currently going through the House of Lords after being passed in the House of Commons by 289 votes to 230.
Amendments were made to the Bill last month, including changes to specify that children “may not be kept in secure accommodation for a period of more than 72 hours without the authority of the court”.
However, with a court order they may be kept for up to three months and “a court may from time to time authorise that a child may be kept in secure accommodation for a further period not exceeding six months at any one time”.
