Kent leader calls on Government to prioritise progressing immigration decisions for individuals who arrive in UK as minors

In the letter, published on 4 July, Linda Kemkaran noted that Kent plays a “critical role” in the reception of UAS children attempting to get access into the UK.

She shares concern that delays in processing asylum claims for UAS children who turn 18 are still “far too slow”, and described government funding for adults over 18 who were previously UAS children as “woefully inadequate”.

Cllr Kemkaran wrote: “I was pleased to hear from officers that following the High Court judgement of July 2023, the Home Office has recognised its national responsibilities in adequately funding this work and for implementing the efficient working of the National Transfer Scheme.

“However, I was very concerned to hear that delays in processing asylum claims for those UAS children who turn 18 is still far too slow which means that the county of Kent continues to shoulder the burden of fully supporting them until a determination is made.”

In April last year, Kent warned it was “extremely close” to its current capacity for caring for unaccompanied asylum-seeking children, and highlighted an “urgent” need for children to be transferred to other UK local authorities.

However, in a High Court ruling two months later, Mr Justice Chamberlain made clear that Kent County Council cannot depart from its duties under the Children Act 1989 and that non-compliance with the s.20 CA duty is “not justified or excused by resource constraints of any kind”.

Highlighting the additional pressure on the council to support adults who were previously UAS children, Cllr Kemkaran wrote: “You will be aware that even in ideal circumstances, Government funding for 18+ adults who were previously UAS children is woefully inadequate for us to meet our duties to them as care leavers, but in the absence of an immigration decision, all their support needs for housing and subsistence fall on the Kent taxpayer. This is not a situation which I or my administration are prepared to tolerate.”

She continued: “The fact is that the great majority of 18+ previous UAS children end up with temporary and then Indefinite Leave to Remain (ILR), therefore a much quicker decision on that would reduce the burden on the taxpayer, open access to training, work and housing and significantly reduce the burden on the state generally.”

Concluding the letter, Kent’s leader called on the Government to give priority to progressing immigration decisions for those individuals who arrive in the UK as minors, “so that they can either be given a legal status or be removed”.

She also called on the Home Secretary to continue funding those over 18 without an immigration decision at the same rate as the under 18’s, i.e. at £143 per day.

She said: “This would ensure that councils such as mine are not left out of pocket as a result of delays completely outside of our making or control.”

The Home Office has been approached for comment.

Lottie Winson