Frances Allen

This Practice Note discusses issues that a local authority (LA) should consider in its treatment of non asylum seeking families with no leave to remain and dependent children, including the LA’s duties towards a family of this type and the steps that an LA can take to avoid breaching the family’s rights under the European Convention of Human Rights.

This Practice Note looks at the alternative requirements which apply to a number of categories under the Immigration Rules that involve children. These are where a parent has sole responsibility for the child, or there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for their care in the UK. More recently, the guidance for child dependants in work and study routes has become more generous in some respects on the serious and compelling circumstances ground. The note discusses Home Office and judicial interpretation of these concepts as well as providing tips on how to demonstrate that the relevant requirements are met. It also provides a reminder that in all cases the duty to safeguard and promote the welfare of children (the s 55 duty) must be taken into account.