More than 70 children from various conflict zones whose ages were disputed by the Home Office have been held in detention centres in the UK in preparation for forced removal to France under the government’s “one in, one out” scheme, research shows.
The one in, one out initiative means each small boat arrival can be forcibly returned to France in exchange for another person – who has not attempted the crossing – being brought to the UK legally.
However, it is unlawful to detain unaccompanied child asylum seekers in adult detention centres. Data gathered by the Humans for Rights Network since removals under the scheme began last September, has identified 76 so-called age-disputed children who have been detained.
Maddie Harris, of Humans for Rights Network, said: “Many of these children are survivors of torture and trafficking and are experiencing acute declines in their mental health as a result of what is often months of detention in the UK.
“These children are additionally prejudiced from accessing the care and support they are entitled to as children as well as adequate, social worker-led local authority age assessments. No child should be detained, with those who remain in detention immediately released to allow them to recover and to ensure they are able to access age assessments conducted in the community where required.”
Age assessments for young asylum seekers are a controversial area. Freedom of information requests to local authority children’s services have found that many children initially assessed to be adults by Home Office on arrival in the UK were later determined to be children after age assessment by social workers. One child removed under “one in, one out” to France as an adult was later determined to be a child by social workers.
Twenty-six of the 76 have now been released from detention and are in the care of children’s social services where they are being assessed or have already been deemed children. Eleven others have been released into adult accommodation pending age assessments, and another 13 have been removed to France. The nationalities of this group take in a range of conflict zones including a large numbers of Eritreans, Sudanese and Afghans.
The “one in, one out” initiative is understood to have forcibly returned more than 400 people who arrived in the UK in small boats. In exchange a similar number of asylum seekers who have not attempted to cross the Channel in small boats have been brought legally to the UK. The independent chief inspector of borders and immigration is calling for evidence for an investigation into the returns programme.
As recently as 25 March the removal of two age-disputed children to France under the scheme was halted after a high court ruling.
Elizabeth Cole, a solicitor from Duncan Lewis, representing one of the age-disputed children, welcomed the cancellation of the removal.
“The Home Office’s contention that claimed a child’s age need not be determined as a matter of fact prior to their removal is highly concerning, and clearly warrants proper consideration by the court,” she said. “This is particularly so as children are an extremely vulnerable group. We hope this decision will encourage the Home Office to think twice before trying to remove any disputed children to France, in order to alleviate the distress and harm which will inevitably ensue by result.”
Some of the asylum seekers removed on a flight the day after the hearing claim that they are suffering injuries as a result of use of force by guards during the removal. They claim injuries include loosened front teeth, scratched arms, swollen hands and a foot injury requiring a surgical boot to be worn.
Home Office sources said that where people refuse to comply or physically resist, they regrettably may have to use reasonable and proportionate force to ensure safety and that they leave the UK or comply with reasonable instructions while detained.
A Home Office spokesperson said:“This government is bearing down on small boat crossings.We have stopped over 42,000 illegal migrants attempting to cross the channel since the election. We have removed or deported almost 60,000 people who were here illegally.
“But we are going further to remove the incentives that draw illegal migrants to this country and increase removals and deportations of those with no right to be here.”
