Section 55, the Best Interests of Children

An assessment from an Independent Social Worker will assist the decision makers in carrying out their existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. Our Independent Social Workers carry out thorough assessments detailing the best interests of the child, as stipulated within the United Nations Convention on the Rights of the Child.

Section 55, Borders, Citizenship and Immigration Act 2009 deals with;

Duty regarding the welfare of children

(1)The Secretary of State must make arrangements for ensuring that—

(a) the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and

(b) any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need.

(2) The functions referred to in subsection (1) are—

(a) any function of the Secretary of State in relation to immigration, asylum or nationality;

(b) any function conferred by or by virtue of the Immigration Acts on an immigration officer;

(c)any general customs function of the Secretary of State;

(d) any customs function conferred on a designated customs official.

(3) A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (1).

(4) The Director of Border Revenue must make arrangements for ensuring that—

(a)the Director’s functions are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and

(b)any services provided by another person pursuant to arrangements made by the Director in the discharge of such a function are provided having regard to that need.

(5) A person exercising a function of the Director of Border Revenue must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (4).

(6) In this section—

“children” means persons who are under the age of 18;
“customs function”, “designated customs official” and “general customs function” have the meanings given by Part 1.

(7) A reference in an enactment (other than this Act) to the Immigration Acts includes a reference to this section.

(8)Section 21 of the UK Borders Act 2007 (c. 30) (children) ceases to have effect.

These details can be found at: https://www.legislation.gov.uk/ukpga/2009/11/section/55. [Accessed 29 May 2019].

Every Child Matters a Change for Children is Statutory Guidance issued under section 55 of the Borders, Citizenship and Immigration Act 2009. This is issued under section 55 (3) and 55 (5) which requires any person exercising immigration, asylum, nationality and customs functions to have regard to the guidance given to them for the purpose by the Secretary of State. This means they must take this guidance into account and, if they decide to depart from it, have clear reasons for doing so.

It explains the measures should be taken to prevent the impairment of children. This includes children’s mental and physical health including their intellectual, emotional, social and behavioural development. While working to this guidance the UKBA should ensure that children enter adulthood successfully and have optimal life chances.

Social Work Reports Ltd cover this aspect in all of their best interest assessments.