Case No. UKUT-00227-(IAC)

1. Improving the way key people and bodies safeguard and promote the welfare of children is crucial to improving outcomes for children.2. Section 55 of the Borders, Citizenshipand Immigration Act 2009 (the 2009 Act) therefore places a duty on the Secretary of State to make arrangements for ensuring that immigration, asylum, nationality and customs functions are discharged having regard to the need to safeguard and promote the welfare of children in the UK. A similar duty is placed on the Director of Border Revenue in respect of the Director’s functions.3. The guidance sets out the key arrangements for safeguarding and promoting the welfare of children as they apply both generally to public bodies who deal with children (Part 1) and specifically to the UK Border Agency (Part2). These arrangements will help agencies to create and maintain the right organisational ethos for working with children. They include: • Senior mana g ement commitment to the impo r tance of safeguarding and promoting c hildre n ’ s w elfare; • A clear statement of the a g ency ’ s responsibilities t ow ards c hildren a v ailable for all staff; • A clear line of accountability within the or g anisation for w ork on safeguarding and promoting the w elfare of c hildren; • Se r vice de v elopments that ta k e account of the need to safeguard and promote w elfare and is info r med, where appropriat e , b y the views of c hildren and families; • Staff training on safeguarding and promoting the w elfare of c hildren for all staff working with or in contact with children and families; • Safe rec r uitment procedures in place; • Effect i v e inte r -a g ency w orking to safeguard and promote the w elfare the c hildren, and • Effect i v e info r mation sharin g . 4. Section 55 is intended to achieve the same effect as section 11 of the Children Act 2004 (the 2004 Act) which places a similar dutyon other public organisations1. As well as providing a driver for improvement within the UK Border Agency, the duty will also help to improve inter-agency working in respect of children. Section 55 applies to the carrying out of the relevant functions anywhere in the UK. THE