Legislation to protect vulnerable children must be implemented without delay

Proposed legislation that would safeguard and promote the welfare of torture surviving children has been welcomed by the Medical Foundation for the Care of Victims of Torture (MF), which says the law should be enacted without delay.

In a joint announcement by the Home Secretary and the Secretary of State for Children, Schools and Families, the Home Office has suggested that the UK Borders Agency (UKBA) will become the statutory safeguarding agency under section 11 of the Children Act 2004.

The move would bring the UKBA into line with other authorities and agencies with statutory responsibilities for children, sending a clear signal that the welfare of asylum seeking children must be viewed as equally as important as that of any other child born or settled in the UK.

However, despite a resounding vote by the House of Lords in favour of the move, the Government has delayed enforcing any changes until it considers a new immigration bill, possibly next year. One argument seems to be that the UKBA's range of duties do not correspond to the duties of other agencies and the new law needs to reflect that. Another reason is that the changes would not apply in Scotland and Northern Ireland.

The MF has rejected this rationale, saying that there is no reason why the UKBA's welfare duties should be viewed any differently to those of other Home Office organisations such as the police and probation service.

Syd Bolton, MF Children's Law and Policy Advisor, said: "These duties must extend across the whole of the UKBA's work geographically. Effective legislative measures by both UK and Scottish Parliaments if necessary, should be introduced which enable these duties to be applied consistently for all children.

"A further announcement that the Home Office will comply with these duties as a matter of policy and good practice until such time as it becomes law would be most welcome.

"A government statement that the UK's reservation against the full implementation of the UN Convention on the Rights of the Child finally will be withdrawn, must also now surely follow?"

The full text of the statement can be read at
http://www.dcsf.gov.uk/pns/DisplayPN.cgi?pn_id=2008_0129