Baroness Smith of Malvern (Lab)

I thank noble Lords for their contributions in this group, which relates to corporate parenting and, in particular, to immigration functions. I particularly thank my noble friend Lady Lister for introducing her amendments. Amendment 152 seeks to apply corporate parenting duties to immigration, asylum and nationality functions. As we discussed in the previous group, our new corporate parenting measures will place an important responsibility on each Secretary of State and relevant bodies to support and seek to provide opportunities for looked-after children and care leavers, which in turn will improve their long-term outcomes. This means that Secretaries of State, including the Home Secretary, and relevant public bodies are required to be alert to matters that might negatively affect the well-being of looked-after children and care leavers, regardless of their immigration status, when exercising any functions other than those relating to asylum, immigration, nationality or customs. To be clear, children and young people in the immigration system will absolutely benefit from the additional care and support that new corporate parents will provide. The exemption is to a set of functions, not to a set of children. This Government recognise the importance of safeguarding and promoting the welfare of children in the UK. As my noble friend identified, this is already reflected in Section 55 of the Borders, Citizenship and Immigration Act 2009. Section 55 requires the Home Secretary to make arrangements for ensuring that immigration, asylum and nationality functions are discharged “having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom”. Statutory guidance linked to this sets out the key principles. This includes that the best interest of the child is a primary consideration when making decisions affecting children. Children should be consulted, and their wishes and feelings taken into account wherever practicable, when decisions affecting them are made. Children should have their applications dealt with in a way that minimises the uncertainty that they may experience. The guidance also emphasises the importance of interagency working. My noble friend made the point about the requirement to speed up asylum decision-making processes and questioned whether this exclusion would mean that asylum decision-making for these children was not as quick as possible. Applying the duty to the asylum functions of the Home Office would not require it to decide asylum claims for young people in care as soon as possible on its own; that would not be the impact of applying that particular responsibility to this function. The Home Office is committed to ensuring that vulnerable claimants, such as children and care leavers, have their claims decided at the earliest opportunity. However, there are many factors, some beyond the control of the Home Office, that can delay and contribute to the length of time taken to process children’s asylum claims, such as age disputes and the availability of legal representation. The Home Office works continuously to improve the speed of decision-making—I have to say that, under this Government, it has had some success in doing that—and reduce the number of outstanding claims for children. However, there will always be complex cases, and it is right that the Home Office takes the time to consider those carefully. Also, unaccompanied asylum-seeking children looked after by local authorities are already subject to the general corporate parenting duties. They will be covered by the specific duties on the local authorities that care for them and by the broader duties this Bill will bring in. The Government are reflecting on the requirement to support children in gaining certainty about their legal status, in particular in gaining citizenship, and taking further steps to consider looked-after children’s and care leavers’ interests as we reform and manage the immigration system, as set out in the White Paper Restoring Control Over the Immigration System, published on 12 May. That White Paper contained proposals to ensure that children who have been in the UK for some time and who discover, when they turn 18, that they do not have status are fully supported and able to regularise their status and settle. This will include a clear pathway for those looked-after children and care leavers. I hope that responds to the point made by the noble Lord, Lord Storey, on the previous group. The Home Secretary will set out further details about how progress will be made on that objective. Amendment 147 also deals with this issue and seeks to ensure that new corporate parents consider the right to British citizenship of looked after children and care leavers, and how that entitlement can be secured to avoid adverse effects on their well-being. Local authorities already follow a separate set of corporate parenting principles, as I have suggested, and are best placed to take steps to consider whether a young person in their care needs support to seek British citizenship. I know from experience, and from having seen some of the practice, that considerable care is already being taken to ensure that unaccompanied asylum-seeking children and other children subject to the immigration system in care are receiving from local authorities the care and attention that they specifically need because of their needs. In fact, I can remember, when I was chairing Sandwell Children’s Trust, being asked to help a social worker assistant who was trying to ensure that two of the children for whom we were responsible were able to get the passports they needed in time to be taken on holiday by the foster parents who were caring for them. A lot of day-to-day work is going on in this area. As I have already suggested, all that work and support for those children is not exempted by this provision in the Bill; it is only with respect to the functions that I have already talked about. The White Paper that I touched on earlier also sets out the Government’s intent to consider measures to reduce the financial barriers to accessing British nationality for young adults who have lived here through their childhood. The previous Government already removed some fees in those circumstances, back in 2022. That the Home Secretary is bringing forward proposals in this area I hope makes clear the Government’s commitment to ensuring that children, as we seek to regularise their status in this country, are getting the necessary support, and that it will be improved by this Government. Given the assurances I have provided, I hope that the noble Baroness feels able to withdraw her amendment on this point.