On 24 June 2026, The Children’s Commissioner for England published a response to the Home Office consultation on family removals and changes to support for failed asylum-seeker families.
Written by Victor Falcon Mmegwa, Senior Associate Solicitor
Summary of the proposals
The Home Office consultation, titled Family Returns: Reforming Asylum Support and Enforcing Family Returns, sets out a range of measures which seek to increase the number of families and adult care leavers who leave the UK to either their home country or a third country following the receipt of a final decision on a failed asylum claim. This is sometimes referred to as ‘family removals’ policy. The Home Office proposes that this is achieved by three separate mechanisms:
- Reducing/removing support for families with a failed asylum claim
- Reducing/removing support for adult care leavers with a failed asylum claim
- Legislating the use of physical interventions on children during enforced removals proceedings
The Children’s Commissioner’s response
The consultation assumes that the proposals would only apply to the scenario where every appeal option has been exhausted and that the family is deemed to have no ‘genuine barriers’ preventing them to leave the country.
They stated that they have statutory duty to protect and promote the rights of children – that includes all children who arrive in this country, no matter how they get here or what their asylum status is.
The Children’s Commissioner for England stated that it is for government to determine the right rules and levels of immigration. Their role is to make sure that, in enforcing those rules, children’s rights are respected and that they receive the protection of the Children Act 1989 that they entitled to.
When the Illegal Migration Act moved through parliament in 2023, The Children’s Commissioner for England visited both accompanied and unaccompanied children in hotel accommodation to better understand their experiences and to highlight their needs to the government. They have also long advocated for the needs of unaccompanied asylum-seeking children and set out the support and care they deserve.
This is in response to the Home Office’s consultation on family removals and changes to the support for failed asylum-seeker families which proposes a number of changes for families, including children, when they are not granted asylum in the UK.
Proposals will put children at risk of harm according to Children’s Commissioner
The Children’s Commissioner for England stated that the proposals will put children at risk of harm. The Children Act is clear that children’s best interests should always be at the centre of decisions about their lives. The Children’s Commissioner for England stated that this includes every child in the country with no exceptions. Children’s safety and welfare should be the primary consideration whenever they interact with the state. Whether that is a school, in a hospital, or with immigration enforcement.
They went on to say that no child should be left destitute because of their migration status. While it is right that families with failed asylum claims are returned, the system must work swiftly, fairly, with appeals and children cannot left without support due to bureaucratic delays.
Any force used against a child is an absolute last resort, something which is used to protect them or others from harm and done so with the upmost gravity by trained professionals, acting transparently and with accountability.
The Children’s Commissioner for England stated that all children who have been in the care of the state should have the same ongoing support as they reach adulthood. The Children’s Commissioner for England have a special responsibility to children who are care experienced. For all those children, leaving care is often a cliff-edge moment. That precipice is even greater for children who are also facing a failed asylum claim. Providing care leavers with just 3 weeks to appeal, make arrangements to leave the UK or to find alternative support is simply insufficient for young people already facing a mountain to climb. This response makes recommendations to address those concerns.
The Children’s Commissioner for England’s priority will always to be ensure that the rights and welfare of all children in England are protected. They have also stated that they will continue to press for clear safeguards so that no child is subject to unnecessary distress, detention, or force, and that their best interests are fully considered in any decision affecting them.
Our thoughts
We are deeply concerned about the proposed use of force and its physical and emotional impact on children. At present, immigration and other officers are not permitted to use physical interventions on children. However, the consultation proposes allowing both groups to use physical intervention where an accompanied child does not comply with their removal. Such interventions could range from non-physical restraint to the use of handcuffs.
Any use of force against a child should be an absolute last resort, used only where necessary to protect the child or others from harm. It must be carried out with the utmost care by appropriately trained professionals and be subject to clear transparency, oversight, and accountability.
We strongly believe that the proposed changes to the provision of support for failed asylum-seeker families are incompatible with Article 8 of the European Convention on Human Rights (ECHR). Furthermore, Section 55 of the Borders, Citizenship and Immigration Act 2009 places a statutory duty on the Home Office to safeguard and promote the welfare of children when carrying out its immigration, asylum, nationality, and customs functions.
The Children Act 1989 is equally clear that the best interests of the child must be a primary consideration in all decisions affecting their lives.
We therefore urge the Home Office to reconsider its proposed changes to the provision of support for failed asylum-seeker families and to ensure that any reforms fully uphold the rights, welfare, and best interests of children.
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