Children have been detained for removal to France under Sir Keir Starmer’s flagship one-in one-out migrant swap deal, charity caseworkers say.
Two 17-year-olds, who made the perilous journey to the UK on small boats, were referred to the Gatwick Detainees Welfare Group supporting asylum seekers held at Brook House immigration centre in Gatwick.
The boys were moved out of detention in recent days after concerns were raised, but had been handed notice of intent for deportation, informing them that the Home Office had evidence that they were “present in or had a connection to France” before they claimed asylum in the UK.
Migrants detained under the deal have been given the letters – similar to the notices handed out under the Conservatives’ failed Rwanda deportation scheme. Around 35 people are already in immigration detention in Gatwick and are set to be put on deportation flights back to France.
The children are now in the care of West Sussex County Council, The Independent understands. The council would not comment on individual cases.
Support workers believe that other lone asylum-seeking children are still being held in detention for deportation to France, and in at least one case, they were forced to share rooms with an adult.
All of those detained for removal to France are male and are a mixture of nationalities, including Somalian, Iranian, Afghan, Sudanese, Eritrean, Iraqi, Libyan and Syrian.
Charity workers raised concerns about the detainees’ lack of access to legal advice. Asylum seekers identified for deportation under the UK-France scheme are only given seven days to challenge the notice handed to them by the Home Office. This gives them little time to speak to a lawyer and respond to the notice, with some asylum seekers already missing the deadline.
Under the agreement between Sir Keir and French President Emmanuel Macron, people who travel to the UK on small boat will be sent back to France in exchange for asylum seekers from France.
Migrants in France who want to come to the UK can apply for the new legal route online, and the Home Office will then make a decision. They must supply copies of ID documents, such as passports, which some migrants do not have. But no one has been transferred under the scheme so far.
Hannah Carbery, senior advocacy coordinator at the charity Gatwick Detainees Welfare Group, said she was “extremely concerned” about the well-being and screening of people being detained.
She said: “Already, we have heard from other people in detention and supported directly, multiple under-18 year olds that have been detained unlawfully and served with notices of intent letters.
“Those we have spoken with so far are already psychologically impacted by the journey they have endured, and are finding it difficult to eat and sleep due to being in a prison environment, not knowing how long they will be there and fearing that they may be taken back to France.
“We are seeing people fall through the cracks of safeguards that are meant to prevent under-18s being unlawfully detained, or identifying and adequately supporting victims of torture, those exploited by traffickers on their journey’s or victims of modern slavery. We are very worried that we could see a rise in more vulnerable adults and children being detained, unless improvements are made to screening people prior to being detained.”
Steve Smith, CEO of the charity Care4Calais, said the “grubby treaty was dehumanising refugees to the extent where they can be traded like cargo”.
He added: “What we are witnessing is an aggressive form of detentions, being carried out at breakneck speed and denying people access to justice.
“There is little doubt that mistakes are going to be made with an operation like this. We know children have already been detained under this deal, and we are deeply concerned that more will be detained. It feels inevitable that some will be forcibly removed and denied the protection that child refugees require.”
A Home Office source said that each case is assessed individually, with asylum seekers’ vulnerabilities taken into account. They added that the UK-France pilot operates in line with all legal obligations.
