That this House has considered the accommodation of asylum-seeking children in hotels.
It is a pleasure to serve under your chairship, Mr Hollobone.
In preparation for the debate, I spoke to many organisations that support unaccompanied asylum-seeking children day in, day out. It was impossible not to be moved by some of their testimonies. A children’s rights officer at the Scottish Refugee Council shared this:
“All the children I worked with demonstrated little to no knowledge of systems in the UK prior to arrival, they were completely bewildered. They were also terrified, terrified of anyone they perceived to be in a position of authority. At times that included me, until they got to know me. One girl even asked me if I intended to send her back to her village, where she was at risk of female genital mutilation…
Another girl I worked with had been in Scotland for around two months when I received a call from the hospital asking me to attend, as she was very distressed. She was pregnant. As soon as the doctor left us alone, she broke down sobbing, asking me if the Home Office would kill her for being unmarried and pregnant.”
Those are just a couple of anecdotes, but they speak to the reality of life in the hostile environment for many highly vulnerable children who have reached our shores. Those anecdotes should shame UK Ministers who have used degrading language such as “asylum shopping” or “invasion” to describe people risking their lives for safety and refuge in this country. Many have experienced physical and sexual violence, persecution, torture, human rights abuses and extreme poverty. Their perilous journeys to the UK have exposed them to exploitation, human trafficking and modern slavery.
Two years ago, when the Home Office started to house unaccompanied asylum-seeking children in hotels, we were told that it was on a short-term, emergency basis until permanent placements could be found via the national transfer scheme. It should not be forgotten that such hotels are considered to operate unlawfully: under section 20 of the Children Act 1989, children under 16 should be in the care of local authorities, not in unregulated accommodation where they lack the same protections as other looked-after children. Children whom the Refugee Council in England has spoken to say that they feel anxious, frightened and lonely in the hotels, with no phone to communicate and clothes that do not fit them properly.
Since the Home Office took charge of the day-to-day care of unaccompanied children, at least 4,600 of them—some as young as 10—have been placed in such accommodation. We know that the number is rising, but up-to-date and accurate figures have been hard to come by.
I thank the hon. Lady for securing the debate. She is making a powerful speech on an important topic. In January, at Prime Minister’s questions, I asked about the 200 unaccompanied asylum-seeking children who were missing from Home Office-run hotels. Two months later, a response to one of my parliamentary questions stated that 186 of those children—some of the most vulnerable young people in the country—were still missing. Does the hon. Lady agree that if we as politicians are not safeguarding the most vulnerable children in the country, we are letting them down severely?
Deidre Brock
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.
I congratulate the hon. Lady on obtaining the debate and doing the research beforehand. What is her experience of the Home Office’s interaction with the devolved Scottish Government and local authorities in Scotland? In Wales, we have found its approach extremely disappointing—riding roughshod over devolution and not taking any notice of the way that we treat children in Wales.
Deidre Brock
I agree entirely. That has certainly been the experience of the many different organisations that I have spoken to in Scotland, and that is what they say to me. As always with this Government, the proposals that Scottish Ministers put to UK Ministers are often either ignored or not taken fully into account. Again, I hope that the Minister can assure us otherwise.
I congratulate the hon. Lady on obtaining the debate. Further to the intervention by the hon. Member for Llanelli (Dame Nia Griffith), whose constituency neighbours mine, we have a specific issue in Carmarthenshire, where a hotel will be used to house asylum seekers without any consultation whatsoever with the local authority. The Welsh Government have a policy that Wales is a nation of sanctuary, and it is beyond my understanding why the UK Government would act unilaterally without discussion with the Welsh Government or Carmarthenshire County Council.
Deidre Brock
I was looking at a contribution by the Local Government Association, which I believe operates only in England, and that seems to be one of its bones of contention too, along with the fact that insufficient moneys are being provided to support the welfare of these children and other asylum seekers. Again, I hope that the Minister will address that point.
The Scottish guardianship scheme, run through the Scottish Refugee Council and the Aberlour charity, provides personal, sustained support for these children, and it is funded by and delivered on behalf of the Scottish Government. My hon. Friend the Member for Glasgow Central (Alison Thewliss), who will be winding up the debate for the SNP, has urged the UK Government to provide a similar scheme to support, in particular, young people in care in Scotland.
Clause 23 of the Illegal Migration Bill strips Scottish Ministers of their powers under the Scottish Parliament’s Children (Scotland) Act 1995 to support and assist victims of trafficking if those victims meet removal criteria, with very limited exceptions. Given that that clearly encroaches on devolved responsibilities, will the Minister tell us why the legislative consent motion process was not engaged? Scottish local authorities are responsible for caring for these children and treating them as they would other looked-after children. If there are credible indicators of exploitation or other issues, local authorities have obligations under Scots law to intervene. Under the European convention on human rights, Police Scotland and local authorities have a duty to protect, investigate and take people out of a trafficking situation, but that will clash with the requirements on Home Office officials to remove people.
Even if those powers are used sparingly, as the UK Government claim they will be, organisations and charities in Scotland remain terrified about the effect of moving responsibility to the Home Office and away from Guardianship Scotland, the scheme I mentioned that is delivered on behalf of the Scottish Government to all unaccompanied asylum-seeking children and survivors of child trafficking. The Scottish Refugee Council says that some of these children are so afraid of the Home Office that they are up the entire night before their interview, praying that they will not be removed or detained. The possibility of being taken into Home Office care, coupled with the closing down of asylum and trafficking protections, while the prospect of removal looms, will lead only to more children running away. That will be a powerful recruitment tool for traffickers, who might look like a preferable option over being deported to Rwanda or remaining in detention.
Order. The debate can last until 5.57 pm. I am obliged to begin calling the Front Benchers no later than 5.34 pm, so the four Members standing have just about half an hour between them. The guideline limits for the Front Benchers are five minutes for the SNP spokesman, five minutes for the Opposition spokesman and 10 minutes for the Minister, and then, hopefully, Deidre Brock will have three minutes at the end in which to sum up the debate.
Thank you, Mr Hollobone, for calling me to speak; it is not often that I get called first, so this is a real pleasure.
I commend the hon. Member for Edinburgh North and Leith (Deidre Brock) for securing the debate. I spoke to her beforehand. She has a big heart and she brings forward issues that concern us. She referred to a moral obligation. I, too, feel that we have a moral obligation to deliver for those who seek sanctuary and help. I have been very clear and consistent in my approach to the refugee crisis and I will be equally clear today. It is a real pleasure to see the shadow spokespersons and the Minister in their places. I know that the Minister will try to address some of the questions that we will put his way.
As I said, I believe that we have a moral obligation to help those who are displaced in the best way that we can. I believe very much in the foreign aid budget and in giving a fresh start to women and children who have been oppressed and are in danger, or have left danger.
My heart is for the family unit. I am very much a family person; I focus on family. I understand that we cannot take the world in and that we must be selective about who comes to our country. I do not believe that limited capacity should be given to every young, single, fit man who is able to build a life safely in other countries. However, today’s debate is on a matter that is close to my heart—children who are in need of compassion, care and a decent standard of living.
There are not many people in the Chamber who will not be bothered by the subject of this debate when they see the photographs and the stories on TV. Indeed, in our constituencies, we experience the cases and hear the heartbreaking stories that the hon. Member for Edinburgh North and Leith referred to.
Since June 2021, 4,500 unaccompanied migrant children, some as young as 10, have been placed in hotels. I was shocked to learn that some 440 children have gone missing from hotels and that, as of April 2023, 186 of those children still had not been found.
It is a pleasure to serve under your chairship, Mr Hollobone. It is a particular pleasure to follow the hon. Member for Strangford (Jim Shannon), who gave a typically eloquent and heartfelt speech. I am also grateful to the hon. Member for Edinburgh North and Leith (Deidre Brock) for securing this important debate and for her powerful introduction to it.
In July 2021, bypassing councils and operating outside the statutory national transfer system, the Home Office started using hotels to house unaccompanied children who have experienced unimaginable horror and upheaval coming to our country in search of safety. This was initially characterised by Ministers as an emergency measure and, as we have heard, since then there have been 447 missing episodes, and 186 children are still missing, according to figures revealed in a parliamentary question in April. A significant number of those children went missing from a hotel in Hove, which neighbours my constituency. Brighton and Hove prides itself on being a city of sanctuary, and the safeguarding crisis created by the Home Office remains a matter of profound concern to our community.
I shall touch on just three things: first, the lack of legal basis for this Home Office practice and regulatory failure; secondly, the Government legislation that makes matters worse; and thirdly, what safeguarding for these truly vulnerable children should really mean.
First, Brighton and Hove City Council has been raising concerns about the dangerous practice of using these hotels for the best part of two years, since Ministers first started bypassing councils. After months of obfuscation, on 24 January, when Mr Speaker granted my urgent question about the hotels and missing children, the Secretary of State did not even show up; instead, she sent the Immigration Minister, who again is here today. Meanwhile, as we have heard, multiple children’s charities have been clear that they consider there to be
After the hon. Lady’s debate, I invited her to visit the hotel in Hove that she says she is profoundly concerned about. Has she visited it? If so, what are her reflections having visited it?
I am delighted to take that intervention because, alongside the hon. Member for Hove (Peter Kyle), I did indeed visit those premises. In fact, we took some food there from a local restaurant that was offering its food to that hotel because a concern had been raised that the food people were getting was pretty inedible most of the time, so they were delighted to have more suitable and appropriate food.
I have no problem with the conditions inside the hotel. As the hon. Member for Hove and I have repeatedly said, our concerns stem from what happens when the child steps outside that hotel. Frankly, everything that I saw does not take away the concern that young children, particularly traumatised young children, simply should not be housed in such hotels. However, I am glad to put the Minister’s mind at rest about the fact that I have visited the hotel and that I know of what I speak.
Safeguarding means that Ministers should close their nasty, hostile environment playbook. They should back more generous family reunification rights and support safe, functioning legal routes. Safeguarding means not housing children in hotels at all and scrapping the illegal and immoral Illegal Migration Bill.
It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank the hon. Member for Edinburgh North and Leith (Deidre Brock) for securing this important debate. Before I begin, I point Members to my entry in the Register of Members’ Financial Interests and the support that I receive from the Refugee, Asylum and Migration Policy project for my work on these issues. I also co-chair the all-party parliamentary group on migration.
It is an absolute scandal that 440 asylum-seeking children have gone missing from Home Office hotels and that, according to the Home Office, there are still 186 who have not been found. But that is only half the question. Are the children who have been found safe, and what is happening about the remaining 186? It is alarming that the Government seem interested in the horrific crime of people trafficking only when it can be used as an opening to restrict the rights of people claiming asylum in this country. When we deal with missing children who are in real danger of ending up in the hands of traffickers, it seems that the Home Office is not concerned enough to act swiftly and thoroughly. Will the Minister update us on what steps he is taking to ensure that children in Home Office care are given the care and support they need and that they are safe? What actions have been taken to find the lost children?
Some organisations I have spoken to have raised concerns about whether the missing persons protocol has been properly followed. That is an important point. When a child first goes missing, those crucial early hours and days can help in finding them quickly and preventing further harm. Will the Minister give clear assurances that the protocol has been followed for every missing child? Will he also say whether there are instances in which the full guidance was not completely followed? If so, why that was the case? Can he give any new update on the number of children who have gone missing since the start of this year? If we do not understand how it is possible for that to happen in the first place, we cannot prevent it from happening again. Therefore, will the Minister commit to publishing a report on the circumstances around the disappearances, including lessons learned and immediate steps to prevent a repeat?
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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.
We in the SNP have said repeatedly that creating safe and legal routes is the only realistic way to disrupt the human traffickers’ business model. If the Home Office has no interest in creating an asylum system that is based on fairness and dignity, it should devolve the necessary powers to the Scottish Parliament to allow Scotland to do so.
In the meantime, we need answers from the Home Office, so I close with these questions. Will the Minister give us the latest figures on how many unaccompanied asylum-seeking children who went missing from Home Office hotels are still missing? Will the Home Office commit to publishing a written report on the circumstances surrounding those missing children, including immediate steps to prevent similar issues from happening again? Finally, will the Minister advise whether and how an order from the Home Secretary under clause 16 will supersede protective orders issued by the Scottish courts? As a signatory state to the United Nations convention on the rights of the child, the UK needs to step up and meet its responsibility to uphold all children’s rights to protection, health and education.
The children’s rights officer from the Scottish Refugee Council whom I mentioned earlier recalled a boy from Afghanistan she had worked with through the guardianship service who was haunted by the image of his inconsolable mother saying goodbye to him. Rather than compounding the fear and trauma of children like him, we have a legal and moral duty to look after them.
Child trafficking is the most horrible and destructive crime, committed by those who have no morals and no scruples about what they do, and it is not limited to third-world countries; it happens here daily. Data from the UK’s national referral mechanism for the year ending December 2021 showed an increase of 9% in the number of potential child victims being referred compared with the previous year—an increase from 5,028 to 5,468. That is a stark figure, and it should give us some focus.
It grieves me to think of a child coming from the frying pan of a war-torn nation, with the ravages that that brings with it, and seeking safety in our great nation of the United Kingdom of Great Britain and Northern Ireland only to become a victim of trafficking. We are under an obligation to prevent that from happening.
I believe that children in hotels must be treated in the same way as looked-after children in the United Kingdom of Great Britain and Northern Ireland. There must be accountability for their wellbeing. With the greatest of respect, I am not sure that children are currently being looked after to an acceptable standard. I seek the Minister’s assurance that that is the case, especially since children in Home Office hotels are not classed as looked-after children, which I suggest means that the appropriate protections and safety measures may not be in place. Prolonged stays in hotels have an impact on whether children will meet the 13-week rule for care leaver support once they move into local authority care.
I am conscious of the wee note that you sent me, Mr Hollobone; I will comply with your request and conclude. I commend the hon. Member for Edinburgh North and Leith for bringing this issue forward. It must be addressed. I think that other Members, in their contributions, will add to our requests and to the concern that we have in our hearts for asylum-seeking children in hotels. I look to the Minister for a clear and concise strategy for these children, to fulfil our obligations as a nation that simply does the right thing. We have a chance to get this right. We must take that opportunity and deliver for the asylum-seeking children in hotels right across this great nation—this nation that reaches out and helps. I know that the Minister wants to help, but it is important that, through this debate, we receive the assurances that we seek and have our requests addressed.
“no legal basis for placing children in Home Office hotel accommodation”.
In April, UN experts called for the UK Government to
“put an end to the practice of placing unaccompanied children in hotels”.
While there has been a significant reduction in the practice in the first quarter of this year, shockingly, the Government are now legislating to provide a legal basis for hotel use to continue.
These hotels quite simply should not be used, and when they have been, serious safeguarding questions have gone unanswered. For example, earlier this year, I met both the independent chief inspector of borders and immigration—the ICIBI—and the Ofsted chief inspector. I raised the concern with both of them that the use of these hotels amounts to the Home Office running unregistered children’s homes with no inspection framework. I have since written to and questioned Ministers repeatedly to ask: if they persist in using these hotels against all the advice, will they at least consider an Ofsted-led inspection regime? As with many other important questions, the non-answer is that Ministers consider the best place for children to be a local authority placement—well, yes, it is, but the Government are not doing that. I have had yet another letter to that effect this week, which makes it clear that, in fact, they expect hotel use to continue. Indeed, Brighton and Hove City Council has just been warned that the Government may use the hotel in Hove again, despite the time that has been available for proper planning to avoid that. Will the Minister commit today to a full and immediate consultation with the local authority on all aspects of the scheme, including its legality, before any more children are placed there?
I sincerely hope that the steps the Government are taking to increase foster placements work, but I know from discussions with directors of children’s services that there is an acute national shortage of such placements, and we should not forget that, with their 13 years of cuts, that is something for which Ministers are also responsible.
As we have heard, the Government are now pushing through their unspeakably cruel and immoral Illegal Migration Bill, which breaks international law. It will strip children of their rights to claim asylum, legislate for the use of hotels, and increase the risk of children going missing. Like the Children’s Commissioner, and in concert with the hon. Member for Edinburgh North and Leith, I am gravely concerned that, as a result of young people’s fear that they will be deported at age 18, potentially to Rwanda, unaccompanied asylum-seeking children will be more likely to go missing from care to avoid that, and therefore be at even greater risk of exploitation and abuse by traffickers.
I have asked Ministers what unaccompanied children are told about their rights when they are first placed in hotels. What will unaccompanied children be told now? Is it really the Minister’s intention to legislate to strip them of their asylum rights the day after they turn 18, when they could be put on a plane to Rwanda? Is that really what he intends?
Safeguarding surely means remaining shocked that the Home Office has been housing children without legal basis and that we still do not know where nearly 200 of those children are. I and other Members have repeatedly questioned the Minister about the need for a national dedicated operation to find them. His answers have not instilled confidence. On the contrary, the Government’s plan to degrade children’s rights even further will increase the risks.
The policy of accommodating children in hotels was supposed to be temporary, but as is so often the case with the Government, a crisis has turned into business as usual. To my knowledge, since 2021, 4,500 unaccompanied children, some aged as young as 10, have been placed in hotels. Will the Minister make available as soon as possible the latest figures on how many unaccompanied children are currently housed in Home Office hotels? According to the Refugee Council, those hotels essentially operate outside the child protection system and that is a fundamental point in this debate. Local authorities are often not involved in looking after those children’s welfare or their best interests. They are not classed as looked-after children, but children are children both morally and under the law. The matter needs to be thoroughly looked at because it is clear under section 55 of the Borders, Citizenship and Immigration Act 2009 that the Home Secretary is obliged
“to safeguard and promote the welfare of children who are in the United Kingdom”.
Children in Home Office hotels must be treated like all resident UK children in the statutory children’s protection framework. Does the Minister seriously believe that accommodating children in hotels is compatible with that obligation?
The Children’s Commissioner has been mentioned. The Home Secretary was given a hard deadline of 17 April to provide a response to the Children’s Commissioner about her concerns around the appropriateness of care and I am surprised that that has not been provided. That is highly unusual. Will the Minister clarify whether that is due to the Home Office’s failure to systematically record the data that has been requested, or whether it simply constitutes a refusal to provide the information?
Two years after the Home Office began using hotels, there is still no strategy for moving children into suitable accommodation. It is business as usual and that is unacceptable. Will the Minister provide an update on the plans to develop a strategy to move the children out of hotels and into the care of social services through the national transfer scheme? Will he outline the steps taken to support local authorities with procuring additional placements for children? I have spoken in this place before about the current extreme costs of placements for local authorities, where £15,000 is not enough and will not cover months or weeks of many of the placements that local authorities are trying to procure from the private sector. More needs to be done in that space.
A recent report in the UK on the implementation of the UN convention on the rights of the child found a serious regression in the rights and protections of refugee children in the UK. That is shocking and forms part of a worrying trend that the Government are providing substandard care and potentially dangerous accommodation to refugees, whether that be through overcrowded hotel rooms, disused army barracks in which diseases spread or now a new masterplan for barges that essentially detain people offshore. The cruelty in that is evident, especially when we are considering children.
Others have touched on how the Illegal Migration Bill will affect children and significantly undermine the Children Act. When will the Government finally produce their impact assessment of the Bill and why, after all the failings the Government have presided over in this space, does the Home Office intend to legislate for new powers to house asylum-seeking children outside the provisions of the Children Act? Will the Minister look again at the individual approach to safeguarding that is necessary for each child? Will he recognise that children can, and do, often have other vulnerabilities such as disability? What actions are being taken to ensure that those are being taken into account?
We all have a responsibility to keep children safe. We know from safeguarding failures that have been reported both historically and more recently that safeguarding must be everyone’s top priority. The Government cannot pass the buck on this; they must intervene to keep children safe and to ensure that these children are found and then made safe.