Best Interest Assessments - Deportation Cases

When is a best interest assessment required?

Family members can find themselves liable for removal from the UK. There are a number of reasons why individuals are required  to return to their country of origin, which can include a person receiving a custodial sentence, an asylum case being refused or a visa expiring.  When people in this situation have family or children in the UK, they may consider submitting an appeal.  As part of the appeal process, an independent social work assessment can take place in order to assess whether a separation would be in their relatives best interests. 

When a Best Interest Assessment  is particularly valuable

A Best Interests Assessment is especially helpful where:

• the child is a British citizen or has lived in the UK for many years;
• separation would have a significant emotional or developmental impact;
• the child has disabilities or complex medical needs;
• there are safeguarding concerns in the country of proposed return;
• one parent would be left as the sole carer in difficult circumstances;
• there are questions about whether it would be reasonable or safe for the child to leave the UK.

Do the Home Office have a duty to consider a child's best interest when seeking to remove their parent from the UK?

The Home Office are legally required to consider the best interests of any child affected before deciding to remove a parent.  

• Section 55 of the Borders, Citizenship and Immigration Act 2009, which requires the Home Office to safeguard and promote the welfare of children in the UK.
• The UN Convention on the Rights of the Child, particularly Article 3, which states that a child’s best interests must be a primary consideration.
• Case law from UK courts, including the UK Supreme Court, which has confirmed that a child’s best interests must be treated as a primary consideration, although they are not automatically decisive

What are the benefits of having a best interest assessment for a child whose parents are being deported from the UK? 

Although the Home Office have a duty to promote the welfare of children when making removal decisions an independent social work assessment from social work immigration matters will provide a greater level of depth and analysis. Home Office decision makers and the Courts give consideration to independent best interest assessments, and we have found that they can make a significant difference to the outcome of a removal appeal process, dependent upon the merits of the case.

An independent social work  assessment provides evidence for decision-makers:  The assessment can give the Home Office, tribunals, or courts detailed evidence about:

• the child’s relationship with each parent;
• the likely impact of separation;
• the consequences of relocating abroad;
• any special educational or medical needs;
• safeguarding concerns.

Will having a best interest assessment guarantee a successful appeal ?

 There are Important limitations : A Best Interests Assessment does not guarantee that a parent will be allowed to remain in the UK. Immigration authorities and courts must balance the child’s best interests against other factors, such as the public interest in immigration control. However, the child’s best interests are an important consideration and must be given genuine weight by decision makers.

How do I arrange a best interest assessment in a deportation case? 

We often receive instructions from legal advisors which list the areas that require assessing. Instructions often include consideration of the relationship between the applicant and their child/relative, and assessment of the impact of separation on the child.  We do take referrals directly from members of the public and can explain the assessment process.

For more Questions and Answers please see our Q&A page  FAQs on Immigration Social Work Reports & Assessments SWIMMS  or contact info@swimms.co.uk