- Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: Where a parent cannot be located, or opposes applications for their child for immigration status under the EU Settlement Scheme (EUSS) and/or for passports or national identity cards, the local authority will ordinarily be entitled to proceed under section 33(3) of the Children Act 1989 (ChA 1989) and section 25 Adoption and Children Act 2002 (ACA 2002) to make those applications without the approval of the court. Where the procedural requirements of the state issuing passports requires a court order, the court does have jurisdiction to make such an order under the inherent jurisdiction dispensing with the consent of the parent to the issue of a passport/national identity card for the child. Before such an application is made, the local authority must confirm with the Home Office Settlement Resolution Centre (HOSRC) if the documents the child already has available are sufficient for the EUSS application. Written by Simon Miller, barrister, at Harcourt Chambers.
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