Immigration issues can take over families lives in the UK and it is important for schools to know their role in supporting their pupils whom are having to deal with these issues.
With the Immigration Rules being so complex, and with many misconceptions being presented in the media (and sometimes by our own government ministers), they can lead to assumptions and misdirected efforts. There are many different kinds of statuses a non-British child could have whist admitted to a school’s roll, they could even have British citizenship without realising. It may also be the case that their status changes several times whilst on the school’s roll.
Fundamentally, whatever the immigration status of the pupil, this should not have an impact on a child’s right to compulsory school education and it is the duty of the school to consider a child’s best interests.
The responsibilities of state-funded schools and their admission authorities
When it comes to admitting foreign national children into a school, it is the responsibility of the parents to check that their children have a right under their UK entry conditions to study at a school before applying for a place.
The local authority and schools can remind parents of their responsibility, and they can do this within their admissions policies. Any action further than this could be a breach of the School Admissions Code.
It is important to note that it is not the role of schools to ask for proof of eligibility before offering a place. The guidance from the government is very clear that the admission authorities for maintained and academy schools must not check the immigration or nationality status of foreign national children as a pre-condition for admission.
The guidance goes onto state that:
Admission authorities for state-funded schools must not refuse to admit a child on the basis of their nationality or immigration status nor remove them from the roll on this basis.
Admission authorities also must not ask to see passports or other immigration information as a condition of admission. The School can do this in order to ascertain the child’s correct name and date of birth. However, this would only be after the pupil had been offered the place; not as a prerequisite of the offer. In asking for a passport or immigration information, the admissions authority would be in breach of the School Admissions Code which states that admission authorities must not, “place any conditions on the consideration of any application other than those in the oversubscription criteria published in their admission arrangements.” (Para 1.9(a))
If a school is concerned that a child whose parents are seeking a place may not have a right to access a school, it must not deny them a place nor remove them from the school roll. The responsibility to check a pupil’s immigration status lies with the parent, and the responsibility to enforce the rules lies with the Home Office. If the Home Office finds that the child’s visa does not entitle him or her to enter the country to attend a state-funded school, it will be up to the Home Office to take any further action it considers appropriate.
If a school is concerned about a foreign national child’s migration status, safety or welfare
Immigration advice is highly regulated and, unless qualified, a school must not give any advice about a person’s immigration status. However, a School has a duty to safeguard and promote the welfare of children and a child with a precarious immigration status, is a child that is at risk of harm.
If there are concerns, then this should be viewed from a safeguarding standpoint. The concern should not be whether a child is gaining access to education where they maybe shouldn’t; it is about the child’s welfare and safety. Where this is the case, the local authority’s children’s social services should be contacted as a matter of urgency. We would refer schools to the duties that lie in the Keeping Children Safe in Education statutory guidance and act according to the guidance found in this document. This may mean referring to a designated safeguarding lead, it may also mean informing local authority children’s social services.
Refugee and Asylum seeking children
Children who have been recognised as refugees and asylum-seeking children (including dependant children of an asylum seeker) are at heightened risk and it is this bracket of foreign child that needs particular safeguarding.
These children are entitled to access a school-based education. The outcome of their asylum claim will not affect their entitlement to attend school. They do not need to provide information on their status to apply to a school and, as stated above, admission authorities must not ask to see this information as a condition of admission. They have the same rights to a school place as any other children resident in the UK.
These children are very often alone (without family) in the country and are placed into local authority care so it will be for the school to take guidance from their Children’s Services department on the individual pupil. Where these children come to the local authority’s attention, Children’s Services will still seek to place them in school. These children are Looked After Children and in following the School Admissions Code, they are to be given the highest priority when placed on the waiting lists of oversubscribed schools.
The Home Office need to ensure adequate reception and accommodation arrangements are in place in the proposed country of return if they are to make any arrangements in returning a child. This is very often impractical and, where an asylum seeking child is refused refugee status, they will often be granted a visa that allows them to stay a discretionary period, and that will often take the child up to non-compulsory school age.
Conclusions
It is the responsibility of the parents to check that their children have a right under their UK entry conditions to study at a school before applying for a place.
So we recommend building that relationship with the parent; understand from them the needs and future needs of the child. It could be that these parents are vulnerable in trying to manoeuvre the complex immigration system. The school can support them as members of the school community and direct them to the right places such as an advice service or lawyer, or working with the local authority.