Friday 31st January 2024

ECPAT UK welcomes the proposed repeals introduced as part of the Border Security, Asylum and Immigration Bill, including the repeal of the Safety of Rwanda Act 2023 and key sections of the Illegal Migration Act 2023. These include the removal of powers that allowed for the indefinite detention of children and the practice of the Home Office directly accommodating unaccompanied children upon arrival in the UK. 

 

These measures posed a grave risk to the safety and welfare of some of the most vulnerable children in our society, leading to hundreds of children going missing, with 90 still unaccounted for as of 30 October 2024. Through our legal challenge, ECPAT UK ended this practice and highlighted the unlawful actions of the Home Office and Kent County Council in failing to uphold their statutory duty to take unaccompanied children into care, reinforcing the vital role of local authorities, irrespective of their immigration status. 

 

ECPAT UK warmly welcomes the repeal of the proposal that would have deemed the asylum claims of children arriving in the UK inadmissible if they had not come through one of the very limited ‘safe routes.’ This represented a departure from a well-established policy exempting unaccompanied children from inadmissibility rules, and its implementation would have caused immeasurable harm to thousands of vulnerable children fleeing war and persecution. The repeal of this harmful measure ensures that unaccompanied children will continue to have the opportunity to seek protection in the UK, in line with international obligations and long-standing child protection principles.

 

We also welcome the repeal of most Modern Slavery provisions in the Illegal Migration Act 2023 and emphasise the need to repeal all such provisions. The expansion of the public order disqualification under this Act, remains in place and penalises children prosecuted for offences by excluding them from protection, despite the prevalence of child criminal exploitation, which may lead to wrongful criminalisation for offences committed as a result of their exploitation. We call for the repeal of this harmful provision and its adjacent powers under the Nationality and Borders Act 2022, which established this restrictive regime and continues to undermine protections for child victims of trafficking.

 

Additionally, the repeal of the age assessment provisions in the Illegal Migration Act 2023 are encouraging and we strongly urge the Government to take further steps to repeal those currently in force from the Nationality and Borders Act 2022, which erode the rights of children and young people and must be dismantled to ensure full protection under UK law.

 

We regret the expansion of the illegal entry offence in this new Bill, a provision ECPAT UK unequivocally condemns for all individuals. This measure is especially harmful to children, as age-disputed children continue to be criminalised under these offences, further compounding their vulnerability and undermining their rights.

 

The repeal of many harmful provisions represents a significant step toward restoring the rights and protections owed to children in the UK.  ECPAT UK urges the Government to build on this progress by ensuring all children, regardless of their immigration status, receive the full protection and care they are entitled to under UK law. This includes ensuring that no child is excluded from support as a victim of human trafficking, wrongly age disputed, or criminalised for irregular entry into the UK. We will continue to advocate for the rights of children affected by immigration policy and call on the Government to prioritise their welfare, safety, and best interests in all decision-making processes.