ADCS President calls for an end to No Recourse to Public Funds for asylum seeking children

The new President of the Association of Directors of Children’s Services calls for the rights of unaccompanied asylum seeking children (UASC) to be expanded.

Speaking to an assembled group of senior leaders in children and young people services in Manchester, Andy Smith, said care leaver funding for UASC needs to be reviewed urgently.

“Year after year, there is a crisis response from government when arrivals start to increase in line with the better weather,” Mr Smith said.

“Notwithstanding the placement sufficiency challenges that we are grappling with, there are actions that could be taken immediately to help alleviate some of the pressure. The UAS children care leaver funding needs to be reviewed urgently.”

Mr Smith questioned the decision to place UASC care leavers under the No Recourse to Public Funds (NRPF) condition while they await a decision from the Home Office. Those on the NRPF condition are not able to claim most benefits, tax credits or housing assistance that are paid by the state.

“Given the significant majority of former UASC care leavers are granted leave to remain, why must they have no recourse to public funds while they await decisions? Allowing temporary access to benefits and the right to work seems like an obvious step in the right direction,” Mr Smith concluded.

The new President also criticised the Illegal Migration Act introduced by the previous Conservative government, arguing that the Act “is in conflict with the legal framework in which children’s services operates.”

Mr Smith also used his speech to call for the new Government to go further even than it’s current plans to reduce child poverty.

“The new Government has committed to an ambitious strategy to reduce child poverty. I would say this doesn’t go far enough, we need to eradicate child poverty if we are to start to create a society that is based on the principles of social justice and recognises the importance of childhood for all children.”

Unsurprisingly, Mr Smith also addressed the issue of local government underfunding – as has become a tradition in speeches stretching back to the implementation of austerity – which he said has created a ‘funding gulf’ in children’s services.

“The impact of 14 years of austerity on public services has meant that the very social fabric which many of us rely upon has been eradicated.

“The overall perilous state of local government finance must be addressed if we are serious about addressing the growing inequalities that have been left to go unchecked. Long term, sustainable funding for local government is the only solution.”

This funding was also highlighted as separate to the amount required to implement the recommendations of Josh MacAlister’s Care Review – some £2.6 billion. Despite some small scale pilots, consultations and funding, much of the sector feels the recommendations are still yet to be implemented in a meaningful way.

“The principles are the right ones on which the system should be developed – prevention, early intervention and keeping children within their family network wherever safe and possible to do so,” Mr Smith added.

“I recognise the challenges of the economic climate in which we are working but the reality is that the reforms cannot be delivered without appropriate funding and we can’t continue to rob Peter to pay Paul; it just doesn’t make sense.

“The longer we leave it, the more it will cost; we need to reset the system now.”

Mr Smith also spoke about the changing nature of the Director of Children’s Services (DCS) role since its introduction in its current form, as part of the Children Act 2004. He reiterated the need for a review of the role’s powers – also addressed in Josh MacAlister’s Care Review.

“A lot has changed in 20 years, the needs of children and the landscape in which we work is drastically different and yet the role of the DCS has stayed the same.

“Multiple and often complex national reforms have resulted in accountability and responsibility no longer aligning.

“The Independent Review of Children’s Social Care called for a review of the DCS role, such a review would provide an opportunity to ensure the role has the levers and powers to advocate in 2024 and in the future.”