FOI release

Transfer of unaccompanied asylum-seeking children between Local Authorities

Some or all of the information requested was not provided because we determined that the cost to do so would exceed the appropriate limit.

Case reference FOI2023/01585

Published 27 October 2023

Request

On 27 July 2023, Mr Justice Chamberlain handed down his judgement in the case of R (ECPAT UK) v (1) Kent County Council; (2) Secretary of State for the Home Department [2023] EWHC 1953 (Admin) which, amongst other matters, made findings about the transfer of unaccompanied asylum-seeking ("UAS") children between local authorities in accordance with the National Transfer Scheme Protocol (the "NTS Protocol") operated by the Secretary of State for the Home Department ("SSHD"). The NTS Protocol states that:

• Only local authorities which are looking after numbers of UAS children which exceed 0.1% of their general child populations may refer a UAS child into the NTS; and

• Local authorities which are looking after a UAS child population or 0.1% or above of their general child population will not be directed by the SSHD to accept any UAS children transferred via the NTS.

In relation to your specific local authority, please provide the following information which is requested under the Freedom of Information Act 2000:

1. The number of UAS children which represent the 0.1% threshold in the NTS Protocol for your local authority;

2. The number of UAS children which are currently within the care of your local authority as looked after children, as at the date of this request, for the purposes of sections 17, 20 and/or 22 of the Children Act 1989;

3. The number of British citizen and/or ordinarily resident children (i.e. non-UAS children) which are currently within the care of your local authority as looked after children, as at the date of this request, for the purposes of sections 17, 20 and/or 22 of the Children Act 1989;

4. The number of UAS children for whom your local authority has been requested to accept the transfer of functions from another local authority via the NTS since 14 December 2021;

5. The number of UAS children for whom your local authority has accepted the transfer of functions from another local authority via the NTS since 14 December 2021;

6. The number of UAS children for whom your local authority has declined the transfer of functions from another local authority via the NTS since 14 December 2021;

7. Where your local authority has declined the transfer of functions in relation to UAS children via the NTS since 14 December 2021, the reason or reasons given in each case for declining the transfer of functions.

8. The number of UAS children, if any, which your local authority has referred for transfer via the NTS since 14 December 2021;

9. Where your local authority has accepted the transfer of functions in relation to UAS children via the NTS, the number of days - on average - which elapse between the request first being made from your local authority and the physical transfer of the UAS child concerned to your local authority's area; and

10. Where your local authority has accepted the transfer of functions in relation to UAS children via the NTS, the proportion of those transfers which are completed within 10 working days from when the request was first made to your local authority; and

11. Confirmation of whether the Home Office and/or the SSHD has taken any enforcement actions, including by threatened legal proceedings, to require your local authority to accept the transfer of functions for UAS children from another local authority.

Response

• Only local authorities which are looking after numbers of UAS children which exceed 0.1% of their general child populations may refer a UAS child into the NTS; and

In relation to your specific local authority, please provide the following information which is requested under the Freedom of Information Act 2000:

1. The number of UAS children which represent the 0.1% threshold in the NTS Protocol for your local authority;

4. The number of UAS children for whom your local authority has been requested to accept the transfer of functions from another local authority via the NTS since 14 December 2021;

5. The number of UAS children for whom your local authority has accepted the transfer of functions from another local authority via the NTS since 14 December 2021;

6. The number of UAS children for whom your local authority has declined the transfer of functions from another local authority via the NTS since 14 December 2021;

8. The number of UAS children, if any, which your local authority has referred for transfer via the NTS since 14 December 2021;

This information is not held in a form that would enable it to be located, retrieved and extracted within the Appropriate Time Limit which equates to 18 hours as defined by the Freedom of Information and Data Protection (Appropriate Limits and Fees) Regulations 2004.

Our electronic systems are unable to run a report which would detail the number of days which elapsed between a request first being made to the council and the physical transfer of the UAS child concerned to Herefordshire, or, the number of transfers which were completed within 10 working days from when the request was first made to the council. To ascertain this information officers would need to undertake a manual check of the case files of the relevant UAS children and calculate the days that have elapsed between a request first being received and the physical transfer taking place, and then manually check how many of the transfers were completed within 10 working days from when the request was first made to the council. Once all relevant files had been checked in this way the information requested could be provided.

This would at a conservative estimate take at least 36 hours to complete. Where the Limit is exceeded Public Authorities are not obliged to supply the information requested by virtue of S12 of the Act. Please take this letter as a refusal notice under S17 of the Act.

Within the 18 hour limit it would be possible to provide you with a response to Questions 1, 2, 3, 4, 5, 6, 7, 8 and 11. Please let us know if you would like to receive that information.

Documents

There are no documents for this release.

This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.

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