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The president of the Association of Directors of Children's Services (ADCS) has launched a scathing criticism of the Government's Illegal Migration Bill, arguing that the provisions will go against fundamental responsibilities set out in the Children Act 1989.

ADCS president Steve Crocker said the association believes the bill "will irreversibly distort the care system" and will have a "damaging effect" on children fleeing desperate situations.

His written statement added: "As Directors of Children's Services, we have a duty to safeguard all children in our care and to ensure they receive the right support that meets their needs. If this legislation is passed, it will run counter to a number of our fundamental responsibilities set out in the Children Act 1989, such as securing permanence and having consideration for children's wishes and feelings.

"ADCS is clear that all new legislation must be child focussed and protect their rights, yet this Bill seeks to do the opposite and removes such protection from a specific group of children."

The Illegal Migration Bill seeks to make provisions for and in connection with the removal from the country of illegal migrants.

Its provisions also include a raft of measures for unaccompanied asylum-seeking children (UASC). These set out how UASC should be accommodated, transferred from the care of the Secretary of State to local authorities, and how they should be transferred between local authorities.

However, Crocker warned that the bill contradicts aims recently put out in the Government's plan to reform the children's social care system, which emphasised "stable homes, built on love".

"We also hold real concerns about the unintended safeguarding risks the Bill creates for children and families, including the arrangements for vulnerable children who are detained with their family in Home Office accommodation," Crocker added.

"The Bill creates an incentive for children to run away before they turn 18 into the arms of exploiters and traffickers to avoid being returned to their home country. There will also be a significant increase in age disputes given the increased incentive for adults to claim to be children."

Crocker continued: "If implemented, the bill will irreversibly distort the care system. The care system is not, nor should it be, a holding mechanism for the immigration system. When a child first comes into our care, our primary focus is to find them a permanent, stable home as set out in statute. We cannot carry out this essential work if they are to be removed as soon as they turn 18 years old despite having care leaving rights and entitlements up to 25 years.

"The UN Convention on the Rights of the Child states that in all actions concerning children, the best interests of the child shall be a primary consideration. Sadly, this bill is a clear step away from over 30 years of custom and practice in this country."

Adam Carey

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