Kent makes renewed legal threat over National Transfer Scheme for unaccompanied asylum-seeking children
Kent County Council is threatening a judicial review of the Home Office's National Transfer Scheme (NTS) for a second time over concerns that other councils are not receiving their fair share of unaccompanied asylum-seeking children (UASC).
The council said the NTS, which is the Home Office's system of distributing UASC, is putting a "wholly disproportionate strain" on Kent's children services, despite Home Office efforts to improve the scheme.
The NTS was established in 2016 and provides a mechanism for the statutory responsibility for a UASC to be transferred from an entry local authority to another local authority in the UK for ongoing care and support.
It has been a point of contention between Kent and the Home Office for more than two years.
The council served its first letter before action on the Home Office in June 2021, warning that it may no longer be able to accept new UASC amid an "unsustainable" number of arrivals. It called for the scheme to be made mandatory for all councils.
At the time, Kent reported that 242 UASC had arrived on Kent shores in the first six months of 2021 and been passed to Kent Children's Services. Of these, just 52 of these were transferred to other local authorities under the NTS.
By November 2021, the Home Office announced changes to the scheme that would make participation temporarily mandatory for all councils with children's services. Kent welcomed the decision.
But in a joint statement announcing the fresh judicial review threat, Roger Gough, Leader of Kent County Council (KCC), and Sue Chandler, Cabinet Member for Integrated Children's Services, said the scheme continues to be "inadequate".
The pair said the letter asks the Home Secretary to use her existing powers to direct local authorities other than Kent "to receive their fair share" of UASC.
"We have worked hard with partners and Government to try to support arrangements for the National Transfer Scheme (NTS) but have regrettably concluded that we must now ask a Court to decide what is reasonable given the reality of the way in which the Home Office currently operates the scheme."
They noted that while more children have successfully transferred to other local authorities under the NTS, "its operation sadly remains inadequate".
"The wholly disproportionate strain on Kent's Children Services continues to be overlooked. We must ensure that all UK local authorities with capacity share in the support of these children so that KCC can continue to meet its statutory duty to receive new arrivals at Dover into our care, while at the same time meeting our statutory duty to care for them safely.
"I am deeply saddened that this crisis has continued despite our efforts", the letter added.
"Kent residents deserve a robust, long-term solution. This is well overdue and critical for the future welfare of all children supported by KCC, whatever their background and the continuation of the excellent services that support them."
Kent said that between 1 January and 1 July this year, 648 UASC have arrived on Kent shores and been passed to Kent Children's Services. Of these, only 426 have been successfully transferred to other local authorities under the NTS, it added.
A Home Office spokesperson said: "The wellbeing of unaccompanied asylum-seeking children in our care is an absolute priority. Robust safeguarding and welfare measures are in place to ensure children are safe and supported.
"The National Transfer Scheme allows us to work closely with Kent County Council and other local authorities, so that necessary support can be provided to both councils and children. All local authorities in the UK with children's services are now mandated to participate in the scheme to relieve pressures."
Adam Carey
