The end of the road

Section 9 of the 2004 Act provides that where a failed asylum seeker with child dependant(s) fails to take ‘reasonable steps’ to leave the UK or place themselves in a position to leave and the Secretary of State issues a certificate to the effect that they have failed to do so without reasonable excuse, then an adult family member’s entitlement to support from the state may end, unless withdrawal of support would lead to a breach of the Human Rights Act 1999. The government’s belief is that this will encourage families with children to leave the UK once their asylum claim has been decided.

Barnados interviewed 33 local authorities of whom 18 were involved in pilot schemes. They found that section 9 was being implemented in a way that ran the risk of causing life long damage to children and families who are already among the most vulnerable people in our society.

Published in October 2005