The following Immigration guidance note Produced in partnership with Andrew Krisman, Consultant Solicitor provides comprehensive and up to date legal information covering:
Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Secretary of State for the Home Department (SSHD) has a duty to safeguard and promote the welfare of children when making decisions affecting them (the s 55 duty). This Practice Note outlines some general principles emerging from the case law relating to the s 55 duty. It also provides tips for preparing submissions in cases where the duty is engaged. For information on legal basis and scope of the duty, see Practice Note: The duty to safeguard and promote the welfare of children: legal framework. For information on the Home Office's policies for complying with the duty and example case law, see Practice Note: The duty to safeguard and promote the welfare of children: policy and cases.
The case law to date confirms that an assessment is required at an early stage in the decision-making process about the best interests of the child. The outcome of that assessment is to be kept under review and should be accorded very significant weight by the decision-maker.
The development of the case law since ZH (Tanzania) has required the decision-maker to take far more account of the best interests of children, but they are not a trump card, even in non-deportation cases. See the cases of Zoumbas
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234