Research and analysis

EU Settlement Scheme – Home Office looked-after children and care leavers survey, November 2021

Updated 9 December 2021

Introduction

From 4 October to 30 November 2021, the Home Office undertook a further follow up survey of Local Authorities in England, Wales and Scotland and of Health and Social Care Trusts in Northern Ireland to provide an update on the estimated number of looked after children and care leavers eligible to apply to the EU Settlement Scheme (EUSS).

The EUSS enables European Economic Area (EEA) and Swiss citizens (referred to here as ‘EEA citizens’) resident in the UK by the end of the transition period on 31 December 2020, and their family members, to obtain the UK immigration status they need to continue living in the UK after 30 June 2021.^{[footnote 1]}

In line with the Citizens’ Rights Agreements, where a person has reasonable grounds for missing the 30 June 2021 deadline for applications to the EUSS by those resident in the UK by the end of the transition period on 31 December 2020, they will be given a further opportunity to apply. This will include where a parent, guardian or Local Authority fails to apply on behalf of a child.

The latest survey asked Local Authorities and Health and Social Care Trusts to provide an update on all relevant cases that have been identified up to and since the 30 June 2021 deadline.

Key findings

1. A total of 210 local government bodies in the UK have responsibility for children’s services (205 Local Authorities in England, Wales and Scotland, and 5 Health and Social Care Trusts in Northern Ireland). All 210 were asked to complete the survey and there was a response rate of 98% (205 local governing bodies).

2. 146 Local Authorities responded in England, 32 in Scotland, 22 in Wales and 5 Health and Social Care Trusts in Northern Ireland.

3. Based on the 205 returns received, the total number of looked after children and care leavers identified by the survey as potentially eligible to apply for the EUSS was 3,895^{[footnote 2]}, an increase of 235 from 3,660 as of 23 April 2021.

4. Of the 3,895 cases, 170 had been identified since the 30 June 2021 deadline, of which the majority were from England (150), followed by Scotland (15) and Wales (5). Northern Ireland did not identify any further eligible children or care leavers after 30 June 2021.

5. As of 30 November 2021, of the 3,895 looked after children and care leavers identified by the survey as potentially eligible to apply, 3,705 applications to the EUSS had been received (95%). 2,840 (77%) of these applications had been decided, of which 2,245 (79%) had resulted in a grant of settled status and 420 (15%) in a grant of pre-settled status.^{[footnote 3]}

6. 175 (6%) received an ‘Other’ outcome which means the application was withdrawn, void, invalid^{[footnote 4]} or refused. 15 applications (1%) were refused because the applicant did not meet the criteria for the EUSS, as set out in Appendix EU to the Immigration Rules.

7. Of the 2,370 looked after children identified by the survey where there was a court order in place in respect of the child, e.g. a care order, interim care order or adoption placement order, and the Local Authority had parental responsibility for the child, 2,265 (96%) had so far had an application to the EUSS made by the Local Authority. Of these applications, 1,690 (75%) had been decided, of which 1,340 (79%) had resulted in a grant of settled status and 250 (15%) in a grant of pre-settled status. 105 (6%) received an ‘Other’ outcome.

Looked after children and care leavers identified as eligible to apply to the EUSS

Table 1: Eligible looked after children and care leavers identified by the survey, applications received and numbers yet to apply

	UK Total	England	Scotland	Wales	Northern Ireland
Looked after children and care leavers eligible to apply to the EUSS	3,895	3,350	180	115	250
Applied	3,705	3,195	170	90	250
Yet to apply	180	145	10	25	0
Unknown[footnote 5]	10	10	<5	0	0

Source: Home Office Looked After Children and Care Leavers Survey Data, 4 October to 30 November 2021

Further breakdowns are available in the accompanying underlying data published

Figures are rounded to the nearest 5, and therefore table breakdowns may not match overall totals.

Table 2: Eligible looked after children and care leavers identified by the survey, application outcomes

	UK Total	England	Scotland	Wales	Northern Ireland
Application decided	2,840	2,400	125	85	230
Settled Status	2,245	1,870	110	80	185
Pre-settled Status	420	355	15	5	45
Other outcome	175	175	0	0	5

Source: Home Office Looked After Children and Care Leavers Survey Data, 4 October to 30 November 2021

Other outcome includes refused, withdrawn or void and invalid of which refusals make up 1% of concluded outcomes

Figures are rounded to the nearest 5, and therefore table breakdowns may not match overall totals.

Cases where the Local Authority had parental responsibility for the looked after child

Table 3: Eligible looked after children identified by the survey, where parental responsibility was held by the Local Authority, applications received and numbers yet to apply

	UK Total	England	Scotland	Wales	Northern Ireland
Looked after children eligible to apply to the EUSS where the local authority had parental responsibility	2,370	2,160	15	35	155
Applied	2,265	2,065	10	35	155
Yet to apply	100	95	0	<5	<5
Unknown	<5	<5	0	0	0

Source: Home Office Looked After Children and Care Leavers Survey Data, 4 October to 30 November 2021

Further breakdowns are available in the accompanying underlying data published

Figures are rounded to the nearest 5, and therefore table breakdowns may not match overall totals.

Table 4: Eligible looked after children identified by the survey, where parental responsibility was held by the Local Authority, application outcomes

	UK Total	England	Scotland	Wales	Northern Ireland
Application decided	1,690	1,505	10	30	145
Settled Status	1,340	1,190	10	25	110
Pre-settled Status	250	215	0	5	30
Other outcome	105	100	0	<5	5

Source: Home Office Looked After Children and Care Leavers Survey Data, 4 October to 30 November 2021

Other outcome includes withdrawn or void and invalid of which refusals make up 1% of concluded outcomes

Figures are rounded to the nearest 5, and therefore table breakdowns may not match overall totals.

Supplementary Responses

The survey also asked Local Authorities some supplementary questions to understand any issues that may have occurred in completing applications before the 30 June 2021 deadline. Aggregated responses from the key questions are provided below.

A. The first question asked if Local Authorities were unable to make applications for any children identified as eligible before 30 June 2021 and to provide reasons why.

74 responded to this question with 47 (64%) stating the reasons they were unable to make applications on time. The top 3 reasons were:

1. The relevant documents/paperwork were delayed or not received on time (21%)

2. Lack of engagement from parents for various reasons to make the application on time (19%)

3. An application was made very close to the deadline, often where the child or care leaver was recently known to the Local Authority (13%)

B. Are you aware of the late application process and reasonable grounds for making a late application?

131 local government bodies provided a response to this question with the majority (126, 96%) stating that they were aware of the late application process and what was required of them.

The Home Office understands the difficulty there may be where a looked after child or care leaver does not have a valid identity document owing to the often complex nature of their lives and circumstances and that they, or the Local Authority, may struggle to easily obtain the required document from the relevant embassy or high commission in the UK, including in light of the impact of the COVID-19 pandemic. We meet regularly with consular representatives of the EU27 to try to resolve such problems, though this is not an issue created by the EUSS; it is right Local Authorities should obtain the appropriate identity document for a looked after child, regardless of their nationality, and obtaining such identity documents is an established process for Local Authorities.

However, as the Home Office guidance makes clear, applications to the EUSS can be made without the required identity document where the applicant is unable to obtain or produce one due to circumstances beyond their control or due to compelling compassionate or practical reasons, including the impact of COVID-19 on consular services. We are working with Local Authorities to ensure appropriate use is made of this discretion to enable a valid application to the EUSS to be made in these cases.

Background to the surveys

Some broad initial estimates of the numbers of children in care and care leavers who may be eligible for the EUSS were made by the Home Office, in the absence of Local Authority data on the nationality of children coming into care. More details of these can be found in the report of the previous survey. The surveys have aimed to get more accurate data from Local Authorities and Health and Social Care Trusts and to help target any further support needed for eligible looked after children and care leavers to obtain status under the EUSS.

The Home Office is providing extensive support to Local Authorities and Health and Social Care Trusts, in light of their statutory responsibilities for this cohort, to ensure these children and young people, like other vulnerable groups, get UK immigration status under the EUSS, and the secure evidence of this status which the scheme provides. This includes:

• guidance for Local Authorities and Health and Social Care Trusts on their role in making or supporting applications to the EUSS in respect of eligible looked after children and care leavers^{[footnote 6]}

• regular teleconferences specifically for Local Authority staff responsible for making applications to the EUSS, in order to support them and provide a direct point of contact for them within the Home Office

• the support available from the Settlement Resolution Centre and the network of 72 organisations across the UK being grant-funded by the Home Office, with £25 million made available since 2019, to help vulnerable people to apply to the scheme. This network includes several organisations working to support vulnerable children and young people, including those in care and care leavers, to make their application to the EUSS

1. Apply to the EU Settlement Scheme ↩

2. Figures are rounded to the nearest 5 and therefore proportions of figures may not add up to 100%. ↩

3. Settled status under the EUSS is indefinite leave to remain in the UK and means the applicant has been continuously resident in the UK for five years, unless other criteria for settled status are met (e.g. the applicant is a child under the age of 21 of a parent who has been granted settled status). Pre-settled status under the EUSS is five years’ limited leave to remain; a further application for settled status can be made as soon as the person qualifies for it. ↩

4. See section 2.2 of the EUSS statistics user guide for an explanation of these terms: Home Office EU Settlement Scheme statistics: user guide - GOV.UK (www.gov.uk) ↩

5. Further details can be found in the underlying data published. ↩

6. EU Settlement Scheme: looked-after children and care leavers guidance ↩