William Eichler 29 November 2023

Home Secretary acted ‘irrationally’ over National Transfer Scheme

Home Secretary acted ‘irrationally’ over National Transfer Scheme image
Image: Sean Aidan Calderbank / Shutterstock.com

The Home Secretary’s powers have been exercised ‘irrationally’ when it comes to the decision-making process in relation to the National Transfer Scheme (NTS), the High Court has ruled.

The use of hotels for unaccompanied asylum seeking (UAS) children was found in July to be unlawful after a claim of judicial review was brought against Kent County Council (CC) and the Home Office.

The High Court also found that Kent CC acted in breach of its Children Act 1989 duties by failing to accommodate and look after all unaccompanied children seeking asylum when notified of their arrival.

In a further judgement, the High Court yesterday ruled that the Home Secretary’s decision-making in relation to the NTS was ‘irrational’ because it failed to accept that the Home Office was partly responsible for Kent CC’s unlawful failure to discharge its duties to take UAS children into care.

The Home Office had also failed to take responsibility for the fact that the use of hotels had by December 2021 become systematic, routine and therefore unlawful.

Commenting on the judgement, Roger Gough, leader of Kent CC, said: ‘We are extremely pleased with the judgment handed down today proving that the long-standing issues we have had with the NTS remain unresolved and KCC was right to bring this Judicial Review.

‘For many years, Kent has been shouldering the responsibility of the nation in the care of UAS children and the judge recognised, as we have always said, that this is not a “Kent” problem but a national one, urgently in need of resolution by central government fairly and equitably across the nation.’

A Home Office spokesperson said: ‘The safety and welfare of unaccompanied asylum-seeking children and the provision of care placements for them is a national issue that requires participation from local authorities across the UK.

‘We are carefully considering the judgment today and will continue to work with local authorities across the UK to support them to fulfil their statutory duties to accommodate unaccompanied children nationwide.’

Fixing the broken retrofit system image

Fixing the broken retrofit system

Ian Preston, Centre for Sustainable Energy, argues the retrofit system is broken and offers lessons for the Local Authority Retrofit Scheme.
SIGN UP
For your free daily news bulletin
Highways jobs

Fitness Instructor, Full-Time (Teddington)

London Borough of Richmond upon Thames and London Borough of Wandsworth
Starting salary £24,684pa
Fitness Inst... Teddington
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Director of Economy

York and North Yorkshire Combined Authority
£95,050 - £105,438 plus relocation package
This is an unrivalled career opportunity for an ambitious and experienced leader at a pivotal point in our history. Northallerton, North Yorkshire
Recuriter: York and North Yorkshire Combined Authority

Head of Legal (Monitoring Officer)

York and North Yorkshire Combined Authority
£73,755-82,065 plus relocation package
This is an unrivalled career opportunity for an ambitious and experienced leader at a pivotal point in our history. Northallerton, North Yorkshire
Recuriter: York and North Yorkshire Combined Authority

Programme Administrator / Business Support - London Borough of Culture Team

London Borough of Richmond upon Thames and London Borough of Wandsworth
£32,955 - 39,933 per annum

Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Executive Assistant - London Borough of Culture Team

London Borough of Richmond upon Thames and London Borough of Wandsworth
£32,955 - £42,525 per annum

Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Linkedin Banner

Partner Content

Circular highways is a necessity not an aspiration – and it’s within our grasp

Shell is helping power the journey towards a circular paving industry with Shell Bitumen LT R, a new product for roads that uses plastics destined for landfill as part of the additives to make the bitumen.

Support from Effective Energy Group for Local Authorities to Deliver £430m Sustainable Warmth Funded Energy Efficiency Projects

Effective Energy Group is now offering its support to the 40 Local Authorities who have received a share of the £430m to deliver their projects on the ground by surveying properties and installing measures.

Pay.UK – the next step in Bacs’ evolution

Dougie Belmore explains how one of the main interfaces between you and Bacs is about to change.