More on Section 55 of the Borders Act…

Section 55 of the Borders Act…

26-06-2013
So I made three requests relating to the welfare of children ETC…
Request 27089: https://www.whatdotheyknow.com/request/section_55_of_the_immigration_ac
Request 27044: https://www.whatdotheyknow.com/request/ukba_interpretation_of_un_rights
Request 27272: https://www.whatdotheyknow.com/request/ukba_splitting_families
The requests yeilded the following response: https://www.whatdotheyknow.com/request/section_55_of_the_immigration_ac#incoming-396605
Of which the document: EVERY CHILD MATTERS – CHANGE FOR CHILDREN Statutory guidance to the UK Border Agency on making arrangements to safeguard and promote the welfare of children Issued under section 55 of the Borders, Citizenship and Immigration Act 2009 (November 2009) http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/legislation/bci-act1/change-for-children.pdf?view=Binary
Was provided to myself….  It is quite lengthy reading… but outlines a number of points…
I note the response didn’t meet the Home Office requirements.  Further information was clearly available: http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publications/eOrderingDownload/Framework%20for%20the%20assessment%20of%20children%20in%20need%20and%20their%20families.pdf
I made a number of requests to local authorities to outline the “need of a child” etc. https://www.whatdotheyknow.com/request/a_childs_best_interests_care_arr_3 https://www.whatdotheyknow.com/request/a_childs_best_interests_care_arr_2 https://www.whatdotheyknow.com/request/a_childs_best_interests_care_arr to link a few (more are available on my WDTK profile).
All of which pretty much state the same: “We cannot remove a child from their parent, unless it prevents harm to the child”…
So… appears clear… UKBA cannot expect a parent to leave a child…  as obviously such an action can have serious concequences on a childs mental health:
NOTE ALSO… Article 8 and Zambrano Immigration Directorate Instructions: See annex A of my FOI request responsehttps://www.whatdotheyknow.com/request/159548/response/392395/attach/2/FOI%2027354.pdf(a) Cases where the primary carer is being removed or deported to a country outside the EEA, but a Zambrano right is refused on the basis that the British citizen will be able to continue to live in the EEA with another parentIn some circumstances the case worker will refuse to recognise that the adult migrant has a right to residence here on the basis of Zambrano because the child or disabled adult could remain in the UK with another parent or carer and would not therefore be compelled to leave the EEA. Where a refusal is made on this basis, and the case worker is then considering the Article 8 rights of the primary carer, they cannot conclude that there will be no interference with family life because the family can live together as a family unit in a country outside the EEA. To do so would directly conflict with the basis upon which recognition of the Zambrano right had been refused.

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