ENGLAND — Rachel de Souza, the children's commissioner for England, has formally challenged proposals presented by the Home Office concerning refused asylum seekers. De Souza stated that the proposals, which include cutting support for families with refused asylum applications and legislating the use of physical interventions on children during enforced removals, could violate the Children Act 1989.

The Home Office published its consultation in March, also proposing to cut support for adult care leavers with refused asylum claims. The commissioner's office estimates that as many as 27,000 children could be affected by these proposals. De Souza has written to Home Secretary Shabana Mahmood to request data on the number of children potentially impacted, their locations, and their support needs.

"As they are currently set out, all three of the proposals will put children at risk of harm," De Souza said. She added, "I have a statutory duty to protect and promote the rights of children – that includes all children who arrive in this country, no matter how they get here or what their asylum status is." The Children Act 1989 mandates that children's best interests should always guide decisions about their lives.

The Home Office consultation also proposed that a refused asylum seeker's continuing medical treatment or the unavailability of care in their homeland would not constitute a genuine obstacle to deportation. De Souza said this proposal is at odds with the best interests of children and called for its reversal. Immigration and detainee custody officers are currently prohibited from using physical interventions on children.

The consultation suggests allowing physical interventions where an accompanied child does not comply with a requirement to leave the UK. Possible interventions include the use of handcuffs. De Souza said, "De Souza believes any force used against a child should be an absolute last resort, to protect them or others from harm and done so with the upmost gravity by trained professionals."