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

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: policy and cases
  • Article 8 of the European Convention on Human Rights
  • Provisions for children under the Immigration Rules
  • Part 8
  • Appendix FM
  • Private life provisions affecting children
  • Reasonableness of removing children
  • Exceptional circumstances where the (other) Immigration Rules cannot be met
  • The wider impact of the section 55 duty

The duty to safeguard and promote the welfare of children: policy and cases

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 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

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