removing (de-accommodating) children from Public Care (DCSF 19/05/09)

Dear Sir or Madam,

It has been reported that certain local authorities, particularly
Hillingdon Council, are removing (de-accommodating) children from
Public Care [1] under Section 20 of the Children Act before age 18
and then providing them only with the support of a Personal
Adviser, whom they may meet just once or twice in a year, [2] to
review the young person's Pathway plan, under the Children (Leaving
Care) Act 2000. A practice that does not seem to apply to any other
children in-care.

In light of the above can you provide copies of any information you
hold that discusses these issues in particular and details of any
guidance you are aware of or have issued to ensure local
authorities are appropriately discharging Section 20 duties,
particularly for unaccompanied asylum seeking children.

Can you also provide any information that confirms or denies
whether the DCSF has ever conducted any of it's own or commissioned
others to investigate/research or inquire into these matters
itself, particularly as a consequence of the report of the
Children's Commissioner. [3]

As part of an inquiry by the Joint Committee On Human Rights into
the Treatment of asylum seekers, there was a suggestion that many
local authorities are following Hillingdon's de-accommodation
practice.

"We have not looked in detail at other authorities but we
understand that there are other authorities which are employing the
same practice, but it would be unfair to name them because we do
not have evidence for that at the moment."
Joint Committee On Human Rights Minutes of Evidence - Tenth Report
Examination of Witnesses (Questions 107-119) - 8 January 2007
http://www.publications.parliament.uk/pa...

Since these enquiries the Home Office introduced a Consultation [4]
for children who are subjected to this de-accommodation process. As
part of the consultation a report [5] was produced that seems to
suggest that, at least, the following local authorities:

Birmingham City Council

Hounslow Council

London Borough of Hillingdon

London Borough of Hammersmith and Fulham

Kent County Council

Manchester City Council

Oxfordshire County Council

Solihull Metropolitan Borough Council

West Sussex County Council

are also practising de-accommodation in much the same way
Hillingdon Council was found wanting on.

The report states:

"However the key issue raised by the Hillingdon judgement was
entitlement to leaving care provision and many local authorities
have, following assessment
of need, discharged young people from being looked after following
the qualifying period for
leaving care services and provided services under Section 23 of
Children Leaving Care Act
2000 believing this to be a more proportionate and appropriate
response to the needs of
the older group of UASC. Such steps are consistent with the
arrangements for many
indigenous 16+ looked after children."

which is much the same de-accommodation policy operating within
Hillingdon Council.

This quote suggests that "Such steps are consistent with the
arrangements for many
indigenous 16+ looked after children". This reasoning could be
considered dubious as Department for Children, Schools and Families
data clearly shows that the majority of children are being
discharged from Section 20 duty at age 18, not at age 16 or 17
(16+).

"61 per cent of these children ceased to be looked after on their
18th birthday, 24 per cent ceased to
be looked after aged 16 years."
Children looked after in England (including adoption and care
leavers) year
ending 31 March 2008
http://www.dcsf.gov.uk/rsgateway/DB/SFR/...

The de-accommodation policy of Hillingdon Council, referred to
below, seems to suggest that nearly all asylum seeking children
ceased to be looked after before age 18 and often after just 13
weeks of becoming looked after under Section 20, Therefore I
suggest that the similar de-accommodation policies and practices of
all the local authorities mentioned herein is highly inconsistent
"...with the arrangements for many indigenous 16+ looked after
children.", based upon the evidence highlighted above.

Can you provide any information that discusses the de-accommodation
practices of all the local authorities mentioned above and whether
you hold any information that these authorities services to
unaccompanied asylum seeking children have been reviewed by
yourselves or any other agency/organisation.

As part of your normal business I would also appreciate any opinion
the DCSF may have on these matters, whilst not strictly applicable
to the Freedom of Information Act, there is no restrictions on
providing any such opinion.

References:

[1] Joint Committee On Human Rights - Evidence from the Office of
the Children's Commissioner on the de-accommodation policy and
practice of the London Borough of Hillingdon
http://www.publications.parliament.uk/pa...
and
"The evidence stated that, contrary to local authority guidance,
there was no expectation that children would remain "looked after"
unless there was an "exceptional reason" and advised social workers
to avoid placing asylum seeking children in foster care to avoid
the "obvious problems" that would arise."
http://www.parliament.the-stationery-off...

[2] IRR: Hillingdon fails to support asylum seeking children
http://www.irr.org.uk/2008/may/ha000006....

[3] The Children’s Commissioner’s findings and recommendations
regarding the care of unaccompanied asylum seeking children in the
London Borough of Hillingdon
http://www.researchasylum.org.uk/?lid=1803

[4] Better outcomes: the way forward, improving the care of
unaccompanied asylum seeking children
http://www.bia.homeoffice.gov.uk/sitecon...

[5] Unaccompanied care leavers and asylum seekers report
http://www.kent.gov.uk/publications/coun...

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Yours faithfully,

Cassidy, J

Dear Sir or Madam,

This is to remind you that my information request is now overdue a
response. By law, the response had to be prompt but no later than
17 June 2009.

Yours sincerely,

Cassidy, J