The following Immigration practice note Produced in partnership with Andrew Krisman, Consultant Solicitor provides comprehensive and up to date legal information covering:
This Practice Note discusses the policies followed by Home Office decision-makers in order to comply with the duty to safeguard and promote the welfare of children when making decisions affecting them. It also reviews example case law in the context of a range of situations in which the duty applies.
The Secretary of State for the Home Department (SSHD) has a duty under section 55 of the Borders, Citizenship and Immigration Act 2009 (BCIA 2009), (the s 55 duty) to make arrangements for ensuring that any functions in relation to immigration, asylum or nationality are discharged having regard to the need to safeguard and promote the welfare of children who are in the UK. 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 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 s 55 duty applies to all immigration decisions and to all courts and tribunals, but has particular resonance in cases raising issues related to Article 8 of the European Convention on Human Rights (ECHR). Article 8 submissions are often the main arguments put forward to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. 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
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code for Firms. The Standards and Regulations
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.This Practice Note explains when an acknowledgment of
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.