Many EEA national children in care and vulnerable adults risk being undocumented because no one is supporting them to apply for settled or pre-settled status after Brexit. This could have implications for their entitlement to get the care and support they need.
What exactly are local authorities’ responsibilities to support looked after children and care leavers to apply for settled or pre-settled status? What are their obligations towards vulnerable adults, including those who lack the mental capacity to make applications for themselves? And what are the regulatory limitations on the steps that they can take to assist children and vulnerable adults to apply?
- Who can apply for EU settlement and pre-settlement
- The consequences of getting or failing to secure status
- The steps that local authorities should take to support looked after children, care leavers and vulnerable adults to apply for EU settlement or pre-settlement by the deadline of 30 June 2021
- Proposed amendment to the Social Security Coordination Bill, backed by a cross-party group of MPs who are calling for vulnerable EU, EEA and Swiss children in their care and care leavers to be fast-tracked through the EU settlement scheme.
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Eleanor Sibley practises in public and local government and Court of Protection law. She acts for claimants and defendants in diverse public law matters but has particular experience of cases concerning social and health care, mental health aftercare, mental capacity and vulnerable adults. She was junior counsel for the respondent in the Supreme Court case of Re D  UKSC 42, which concerned the deprivation of liberty of 16 and 17 year-olds who lack mental capacity. In the Court of Protection, Eleanor regularly represents people who lack capacity (through the Official Solicitor and other litigation friends), local authorities, and family members. Eleanor previously worked for the AIRE Centre, a legal charity that specialises in EU and European human rights law.
Anna Dannreuther practises in local government and public law (including Court of Protection), employment, and commercial law. Anna is particularly interested in equality, discrimination, and human rights issues arising in these areas. She is also admitted as a solicitor in England and Wales and a New York attorney. Before coming to the Bar, Anna spent a year working in the Court of Justice of the European Union, the European Court of Human Rights, and the Inter-American Court of Human Rights, as well as working in the immigration team of the New York Legal Aid Society.