Ending child detention: A challenge for the new government

On 20th May the newly elected government, following a pretty confused general election, published its key policy plans. I was surprised to discover that a pledge to end child detention is one of the features of the new coalition government manifesto. It clearly states: “We will end the detention of children for immigration purposes.”

This is definitely a step forward but before we celebrate we need to understand how under the current system children can be detained and to define which practices are the best to end this appalling practice.

How and why a child can be detained?

Current British law allows for families with children subject to immigration control to be detained for indefinite periods of time. Detention can take place while the family’s claim for asylum or other legal right to remain in the UK is determined, and if the claim is refused, until their removal from the UK.

This excludes children from the protection set out in international and UK law and children subject to immigration control can be detained on exactly the same basis as adults. The government justifies their detention by arguing that they would abscond if released or that their removal from the country is imminent.

Consequently each year some two thousand children are detained for administrative purposes, the majority being held in Yarl’s Wood Immigration Removal Centre. On average, children spend over a fortnightin detention (15.58 days). Nevertheless, detention for up to 61 days is not uncommon. Independently of how long a child is locked up, detention is always a harmful and unforgettable experience.

An harmful, unnecessary and expensive system

Serious concerns about the well-being of children held in detention facilities have been expressed by a wide range of organizations including the UN Committee on the Rights of the Child and the UK Parliamentary Joint Committee on Human Rights. Last February, the Children’s Commissioner for England published a report in which he reasserted that detention has a profound and negative impact on children.

Firstly, detention impacts on children’s physical and mental health. Post traumatic stress disorder, symptoms of depression, anxiety, sleep problems, somatic complaints, emotional symptoms, and behavioral difficulties are common consequences of detention on children. A recent pilot study undertaken by child health professionals (“The mental and physical health difficulties of children held within a British immigration detention centre: A pilot study”), concluded that “the British system of immigration detention, although often relatively brief, is nevertheless potentially harmful to the mental and physical well-being of children (…); detention is not in the best interest of the child and should not be used for the purposes of immigration control.”

Furthermore, there is currently no clear evidence to indicate that detention is necessary in order to prevent families from absconding. As a matter of fact the risk of families absconding is minor, particularly since under the current system there is a relatively high chance of their deportation being postponed or cancelled following an appeal. Over 40% of children detained at Yarl’s Wood currently go on to be released.

Adding to the uselessness of the system, there are procedural deficiencies, weakening the protection of children more and more. Indeed, the decision to detain is not subject to automatic judicial oversight, is not used as a last resort and is not properly monitored.

In response to these concerns in 2008 the government introduced a duty on the UK Border Agency (Section 55 of the Borders, Citizenship and Immigration Act 2009) equivalent to section 11 of the Children Act 2004 which requires it to safeguard and promote the welfare of children. This step was welcomed but not sufficient as the detention of children in itself is incompatible with the promotion of their welfare.

Could the new coalition government do better? It has been announced that the new immigration minister, Damian Green, will be leading a wide-ranging review to achieve the end of children detention. The review will include talking to a range of experts, charities and organisations which represent the interests of children, to create viable long-term solutions. It would be wrong to prejudge the outcome of this review, and although the government commitment is clear, it still has to find better alternatives to ending child detention.

How to stop locking up children

So what are the alternatives? Contrary to previous UK governments’ justifications, ending children detention is not an unrealistic policy. A key element of any alternative to detention must be that families are kept together, and that children are not separated from their parents. There are a number of ways this could be achieved. Alternatives to children detention already exist in the UK and others, applied abroad, can be used as inspiration.

The current existing alternatives in the UK are reporting and electronic monitoring. The reporting system, already in use for asylum seekers on temporary admission or bail, requires them to travel to specific centres at regular intervals in order to sign in. Electronic monitoring, under section 36 of the Asylum and Immigration Act, can be applied to all adults subject to immigration control can including voice recognition, electronic tagging and tracking.

Although these alternatives should be explored, it is likely that the best approach to adopt is the “casework and welfare approach”. Applied in Sweden, Canada and Australia it involves providing asylum seeking families with access to legal advice and to an independent caseworker. The caseworker role includes ensuring the family has legal representation, that their housing support and welfare needs are met and providing practical and emotional support.

For instance in Sweden, asylum seeking families with children are initially accommodated in a reception centre where their health and support need are assessed, before being dispersed to regional “refugee centres”: flats organized round a central office. Each asylum seeker is assigned a caseworker. This kind of system, definitively more human than detention, has delivered exceptional outcomes with no absconding and voluntary return for families who have seen their claims refused. Evidence show that the welfare and casework approach works for families and for states. The government should seek to extend this approach to families who would currently be placed in detention.

Let’s make sure they really do end the children detention

The government commitment to end children detention is a stunning victory for children’s rights and decency. Nevertheless, we must carry on working to ensure that:

• Families currently in detention are released immediately and no more families are detained in future;
• The "alternatives" to detention do not include detaining parents while their children are put "in care". Any alternative should improve the well-being of children facing possible removal from the UK, not put it in further jeopardy.
• Once child detention is actually ended, the policy of detaining children does not make a future come-back.

If the government fallows these recommendations, it will ensure protection for those who need it and trust in the system from those who pass through it …and then probably we would have cause to celebrate.