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Hl 14 Hc 234 Legal Aid Children And The Residence Test

Author : Great Britain: Parliament: Joint Committee on Human Rights
ISBN : 9780108554650
Genre : Business & Economics
File Size : 62.9 MB
Format : PDF
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The Government proposes to implement its residence test policy by means of an affirmative statutory instrument, which it laid in draft on Monday 31 March. This report looks at that statutory instrument, particularly in relation to its likely effect on children. It sets out in some detail the potential impact of the residence test on four particular categories of children: unaccompanied children, undocumented children, children with special educational needs or disabilities, and section 17 and 20 Children Act 1989 cases. The Committee regrets that the Government's proposal was not introduced by primary legislation to allow both Houses to scrutinise and amend its provisions, and it urges the Government to withdraw the instrument as currently drafted. If the Government does decide to proceed by affirmative instrument, the Committee expects the newly laid instrument to reflect its concerns. The Committee states that the Government's justification for its residence test proposal - to ensure that only individuals with a strong connection to the United Kingdom can claim civil legal aid at the UK taxpayers' expense - cannot be applied fairly to children. It concludes that, if the residence test applies to children, it cannot see any way to ensure that the views of children are heard in any judicial or administrative proceedings affecting the child, as required by Article 12 UNCRC, or to ensure that the child's best interests are a primary consideration
Category: Business & Economics