Case No. UKUT-00227-(IAC)

R AGENCY IN REL A TION TO SAFEGUARDING AND PROMOTING THE WEL F ARE OF CHILDREN I NTRODUCTION 2.1. The UK Border Agency is an executive agency of the Home Office and its primary dutiesare to maintain a secure border, to detect and prevent border tax fraud, smuggling and immigration crime, and to ensure controlled, fair migration that protects the public and that contributes to economic growth and benefits the country.2.2. It carries out these duties by applying and enforcing the Immigration Acts and the Immigration Rules, by having regard to policy guidance and instructions issued by the Secretary of State, and by exercising general customs functions as defined in the Borders, Citizenship and Immigration Act2009. The application and enforcement of the Immigration Acts includes removing from the UK persons who have no legal entitlement to remain in the UK and, in certain circumstances, detaining those individuals pending their removal from the UK. The UK BorderAgency also has a role in granting protectionto those who need it according to international conventions and the laws of the UK.2.3. Within this legislative and policy framework, section 55 of the 2009 Act requires the Secretary of State to make arrangements to ensure that immigration, asylum, nationality and customs functions are exercised having regard to the need to safeguard and promote the welfare of children in the United Kingdom. The functions of the Director of Border Revenue must also be exercised having regard to the need to safeguard and promote the welfare of children in the United Kingdom. The duty does not create any new functions, nor does it over-ride any existing functions, rather it requires them tobe carried out in a way that takes into accountthe need to safeguard and promote the welfare of children.2.4. The UK Border Agency’s main contributions to safeguarding and promoting the welfare of children include: • Ensuring g ood treatment and g ood interactions with c hildren throughout the immi g ration and customs proces s . • Applying l a ws and policies that pre v ent the exploitation of c hildren throughout and foll o wing facilitated ille g al ent r y and traffi c kin g . • Detecting at the border any material lin k ed to c hild exploitation through po r no g rap h y . 2.5. Other parts of the UK Border Agency’s contribution include: • E x ercising vigilance when dealing with c hildren with whom staff come into contact and identifying c hildren who m a y be at risk of ha r m. • Making timely and appropriate refe r rals to agencies that provide ongoing care and support to children. MAKIN G ARRANGEMENT S T O SAFEGUAR D A N D PROMOT E WEL F AR E I N TH E U K BORDE R A G E N C Y 2.6. The UK Border Agency acknowledges the status and importance of the following: the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights,the EU Reception Conditions Directive, theCouncil of Europe Convention on ActionAgainst Trafficking in Human Beings, and the UN Convention on the Rights of the Child. The UK Border Agency must fulfilthe requirements of these instruments in relation to children whilst exercising its functions as expressed in UK domestic legislation and policies.2.7. The UK Border Agency must also act according to the following principles: • E v e r y c hild matters e v en if they are someone subject to immi g ration control. • In accordance with the UN Co n v ention on the Rights of the Child the best interests of the c hild will be a prima r y consideration (although not necessarily the only consideration) when making decisions affecting c hildren 13 . • Ethnic identit y , langua g e , religion, faith, g ender and disability are ta k en into account when w orking with a c hild and their famil y . • Children should be consulted and the wishes and feelings of c hildren ta k en into account where v er practicable when decisions affecting them are mad e , e v en though it will not al wa ys be possible to rea c h decisions with whi c h the c hild will a g re e . In instances where parents and carers are present they will h a v e prima r y responsibility for the children’s concerns. • Childre n shoul d h a v e thei r application s d e a l t wit h i n a timel y wa y an d tha t minimise s th e unce r taint y tha t the y m a y e x p e r i e n c e . 2.8. When speaking to a child or dealing with a case involving their welfare, staff must be sensitive to each child’s needs. Staff must respond to them in a way that communicates respect, taking into account their needs, and their responsibilities to safeguard and promote their welfare. 13 Cf. UNHCR Guidelines on Dete r mining the Best Inte r ests of the Child, pages 14 -15 section entitled “The Use of the T e r m ‘Best Inte r ests’ in the CRC” (CRC = Convention on the Rights of the Child).