New immigration code is only the first step in keeping children safe from harm

A new code of practice governing the treatment of children in the UK's immigration system has been described by the Medical Foundation for the Care of Victims of Torture (now Freedom from Torture) as an important step towards holding Government agencies and contractors to account.

"This is a good start in establishing a full statutory duty," said Syd Bolton, Children's Law and Policy Advisor at the MF, which provides rehabilitative services to hundreds of children each year fleeing to the UK as a result of torture and ill-treatment.

"It is at least now clear that there is a responsibility on all contractors and subcontractors to make sure that the quality of their services and the way they provide those services puts children first and foremost. The true test will be in how quickly the requirements of the code are turned into good practice."

The code, introduced by the UK Border Agency (UKBA), applies to all aspects of the its work including contractors and subcontractors involved in the care of children, the conditions in which children are accommodated, how they are treated in detention centres and also during procedures to remove families and children from the country.

"There are shortcomings in the code; for instance, children are still vulnerable to long periods of detention and it is unclear whether contractors and subcontractors will be left to develop and manage their own children's complaints processes and their own staff training programmes." added Mr Bolton.

"However, it is a positive step forward and crucially; it empowers NGOs and other agencies working on behalf of children to hold the UKBA to account where it fails to keep a child safe from harm."

As one of the member organisations of the Refugee Children's Consortium, the MF has long called for a more child-friendly approach in UKBA's work with children. The MF has also sought assurances from the UKBA that all those involved in implementing the code will be appropriately trained to understand their duties to all children within their area of responsibility.

The code will be eventually be repealed and superseded by a wider statutory safeguarding duty on the UKBA akin to the Children Act 2004 s.11 duties, already imposed on other agencies working with children. This will be contained in a new Borders, Citizenship and Immigration Bill. This code of practice provides a timely opportunity for the UKBA to demonstrate that it is able to effectively safeguard children as that Bill starts its Parliamentary process.