Support for unaccompanied children and children in families
Is a disabled child of an asylum seeker receiving UKBA asylum support entitled to support from social services as “a child in need”?
Yes, the child will be eligible for support under s.17 of the Children Act 1989 as well as under the Chronically Sick and Disabled Person's Act 1970. The child's immigration status (child of an asylum seeker), does not prevent a local authority from providing support under these two provisions. Importantly, there is no requirement that the child, or his parents, should have leave to remain in the UK in order to be eligible.
Parents supported by UKBA
The fact that the child's parents receive asylum support does not affect the local authority's duty to provide services following an assessment of the child's needs.
UKBA asylum support is responsible for providing for the child's "essential living needs" [1]. "Essential living needs" have been held to mean the needs of "an ordinary child or adult with no special peculiarities or disabilities" [2].
Although s.122 (5) Immigration and Asylum Act 1999 states that local authorities cannot provide "assistance" under s.17 of the Children Act 1989 to a child whose parents are receiving UKBA asylum support, this doesn't prevent them for providing support to a child who is disabled. Indeed, s.122(6) defines "assistance" as only the provision of accommodation and "essential living needs".
Any needs that go beyond "essential living needs", such as the needs arising from a child's disability, should then be provided for by the local authority.
Revised 05/02/08
Notes
[1] s.122 Immigration and Asylum Act 1999
[2] R (on the application of Ouji) v Secretary of State for the Home Department [2002] EWCH 1839 Admin, paragraph 48
