As local authorities grapple with the vast numbers of unaccompanied migrant children seeking refuge in the UK, Kent’s strategic position as a main entry point means it has consistently been at the forefront of the national response to Unaccompanied Asylum-Seeking Children (UASC). The lessons learned in Kent offer valuable insights into the legal and practical challenges involved in supporting these children.
An Interview with Carmel Maher – Senior Solicitor, Invicta Law
The Challenge of UASC in Kent
In recent years, the number of children arriving in the country has surged. According to the latest figures from the Home Office, 3,285 applications from UASC were received in the year ending March 2024 and most of these entered the UK through Kent. This influx presents significant legal and logistical challenges, as local authorities are required to provide immediate and long-term care while navigating a complex area of the law.
Carmel notes that one of the most daunting aspects of this responsibility is ensuring compliance with both national and international legal standards.
“From the moment a child arrives, there are duties related to their welfare, education and integration into society,” she explains. “These must be balanced with the legal requirements governing immigration status and asylum claims, which are often in flux.”
The Role of Legal Support in Safeguarding UASC
The role of legal support cannot be overstated in this context.
“Legal advice helps to prevent costly mistakes that can arise from misunderstandings of the law. It’s about protecting both the local authority and children involved from the repercussions of non-compliance,” says Carmel.
A significant focus is on accurately interpreting and applying the principles enshrined in The Children Act 1989, as well as UK immigration laws, case law and EU and UN Conventions. Understanding the law is critical to ensuring that UASC receive the care they are entitled to whilst also respecting the legal frameworks governing their stay in the UK.
Legal advice has proven vital for Kent County Council (KCC) in guiding Children’s Services through contentious and litigious areas like Age Assessments, Human Rights Assessments, and other aspects of withdrawing support from UASC, ensuring decisions are rational, researched and remain within legal boundaries.
Addressing Legal and Practical Challenges
The evolving nature of asylum and immigration law creates another challenge for social care teams.
“Legislation and case law are constantly evolving, and this has a direct impact on how local authorities manage their responsibilities towards UASC. Training and ongoing support are essential to navigate these changes,” says Carmel.
The practical challenges of caring for UASC are equally significant. Local authorities must provide housing, education, and healthcare, often against a backdrop of limited resources and rising demand. Legal guidance can help social care teams understand their duties and make informed decisions about resource allocation.
The Need for Knowledge Sharing and Collaboration
An important aspect of KCC’s approach has been the emphasis on collaboration and knowledge sharing between legal advisors and social care teams to help foster a better understanding of the pressure the service is under and to pass on timely legal advice to ensure procedures are legally compliant.
“Equipping social workers with the knowledge they need to navigate these complex areas empowers them to make better decisions on the ground.” Carmel explains.
This collaborative model can serve as a blueprint for other local authorities, fostering close relationships between legal and social care teams, and ensuring a more cohesive and effective response to the local authority’s duties to UASC.
Carmel advocates for a proactive approach where legal guidance is involved early in the decision-making process.
“Early legal intervention can prevent many of the pitfalls and expenses that arise when legal considerations are left until too late,” she explains. “It’s too easy for a social work-focused practice to unintentionally overstep the line of its statutory legal duties, which can rapidly lead to costly legal challenges. Our role is to ensure this doesn’t happen.”
Looking Ahead: Sustained Legal Support
For other local authorities, the Kent experience highlights the importance of integrating legal guidance into the operational framework of UASC care.
“The legal challenges are continuous, and so must be the support we provide,” Carmel says, emphasising the necessity for a well-supported, legally informed approach.
“It is about ensuring that local authorities are not just compliant but are also supported in providing the best possible care for these children, many of whom have experienced their own past trauma and, with the right care, have the potential to transform their lives.”
Carmel Maher is a Senior Solicitor at Invicta Law. She specialises in advising local authorities on all aspects of legal duties owed to UASC and migrant families with no recourse to public funds (NRFP). She also provides advice and training in age assessments and human rights assessments to social workers and legal teams in local authorities throughout the UK. She has extensive experience responding to pre-action letters, preparing defences of judicial review claims, and instructing Counsel in the High Court, Upper Tribunal of Immigration and Asylum Chamber and the Court of Appeal.
