The duty to safeguard and promote the welfare of children: legal framework
Produced in partnership with Andrew Krisman, Consultant Solicitor
The duty to safeguard and promote the welfare of children: legal framework

The following Immigration practice note Produced in partnership with Andrew Krisman, Consultant Solicitor provides comprehensive and up to date legal information covering:

  • The duty to safeguard and promote the welfare of children: legal framework
  • The United Nations Convention on the Rights of the Child
  • Section 55 of the Borders, Citizenship and Immigration Act 2009
  • Charter of Fundamental Rights of the European Union
  • Appendix FM and exceptional circumstances
  • The scope and application of the s 55 duty
  • The effect of a failure to address the section 55 duty

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

This Practice Note outlines the legal framework underpinning the duty of UK immigration decision-makers, including the Home Office, tribunals and courts, to safeguard and promote the welfare of children when making decisions affecting them.

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.

For information on considerations that advisers should keep in mind when dealing with cases to which the duty applies, see Practice Note: The duty to safeguard and promote the welfare of children: practical tips.

The United Nations Convention on the Rights of the Child

Article 3(1) of the United Nations Convention on the Rights of the Child (CRC) requires signatory states to ensure that:

'In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of

Popular documents