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Notifications to High Commissions & Embassies of Children in Care

The Advocacy Fund – 13/10/2011 – 28/05/2012 1

“Vienna Convention on Consular Relations 1963” - breaches by local authorities in England & Wales –

- involving up-to 7,000 children over a five year period.

- Notifications to High Commissions and Embassies of Children

Data collected via the Freedom of Information Act 2000 28th October 2011 – 28th May 2012

Prepared and compiled by Paul Randle- Joliffe Esq (Chairman & DPA Formulation) Mrs Helen Chandler (Data Research & Compilation) James-Ross Moore Esq (Report Drafting) Ms Jane Clearly (Information Officer)



The Advocacy Fund

The Advocacy Fund is a Non Profit Organisation, run by volunteers. To compile our data The Advocacy Fund made several Freedom of Information Requests (FOI) (Under the Freedom of Information Act 2000) to authorities across the UK to establish the shortfalls in Policies and Practice using the WhatDoTheyKnow website http://www.whatdotheyknow.com

INTRODUCTION

Freedom of Information Act 2000 requests made between October 2011 and May 2012 reveal that the majority of Local Authorities in England and Wales do not conform or abide by the Vienna Convention on Consular Relations 1963. Most have neither policy nor practice with due regard to the basic tenet of s.37 of the Convention: the receiving State’s duty to inform relevant sending state Consuls regarding their foreign children that have been removed from parents in UK care proceedings. The UK signed the Convention in 1964. Signatories have the following duty, without exception, under Article 37 (b) of the Vienna Convention of Consular Relations 1963: Article 37 (b): “If the relevant information is available to the competent authorities of the receiving State, such authorities shall have the duty:

- to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State.”(emphasis added)

Nothing in the Convention states that adherence to Article 5 (h) is to be interpreted so as to exclude obligations under Article 37 (b). Article 5 (h): “safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;” There appears to be no domestic law or Convention signatory limitation obviating UK any of the UK authorities involved with removing and caring for foreign children from informing the sending states of their parents under legislative “limits imposed

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by the laws and regulations of the receiving State” Art.5(h) above. The usual pattern appears to be that the UK local authority does not inform the relevant Consul once a foreign child is taken into care and judiciary refuse to uphold the same duty to the child and other States Parties to the Convention when the omission is raised in court. Other involved agencies, such as the Police, CAFCASS, Foreign and Commonwealth Office and Ministeries and regulators, also have no regard to their respective duties as State bodies under the Convention. The practice is widespread, with foreign children stealthily processed with the full knowledge of current and previous Presidents of the Family Division - alongside Lord Justice Thorpe who currently heads UK International Family Law. The dilemma for parents of what appears to be the unlawful removal of children is compounded when subsequent statutory safeguards and processes are ignored by both local authority and judiciary. For example, interim care orders are routinely renewed by post without written consent of the parents. Recent changes to law obviate previous duty to hold monthly interim hearings before care order renewal, making lawful practices previously unlawful. Those hearings now need only be applied for only when affected parents can produce evidence of ‘change’ to the circumstances claimed as justification for the removal of their. Few of the local authorities fully particularise their claims. Police have been known to assist local authorities with unlawful removals, including immediately after birth by forceful restraint and assault of the mother, enabled by the presentation of false court documentation to hospitals. Many removals effectively amount to kidnap. Rt.Hon Mr Edward Timpson, MP, Secretary of State for Education, who chairs the All Party Parliamentary Group (APPG) for Looked After Children and Care Leavers and Vice Chair of the APPG for Runaway and Missing Children (the last of which has produced a report of 10,000 children going missing from UK care each year, some permanently) has stated, before the Education Select Committee’s investigation on child protection, that “the UK system is so good” he wanted to export it to Barbados. The reality is that the export process is well underway to many who seek guidance from the UK model. Statutory Instrument 2009 No. 857 (L. 8) indicates that the UK is producing legal framework without due consideration to obligations under Treaties. Consulates are not listed amongst those to whom details of family law proceedings can be disclosed. The UK family judiciary have a ECtHR record of proven human rights abuses in relation to the suppression of leakage by use of directions and secret imprisonment for several months of those considered to have breached the restricted disclosure list. On one occasion, when these strictly laws prohibiting the release of ongoing UK family law case details were ignored by a newly immigrant family from Slovakia, a public outcry in the sending State resulted in their Consul’s full involvement in care proceedings, resulting in hitherto ignored obligations being met and the repatriation



of the family intact. This Advocacy Fund report demonstrates the UK Government’s overused claim of this being ‘an isolated case’ as specious.

Table of Contents INTRODUCTION ......................................................................................................... 2

INTERNATIONAL LAW AND TREATY (QUOTE WHERE FROM) .................................. 10

VIENNA CONVENTION & LEGAL REQUIREMENTS ......................................... 11

Vienna Convention on Consular Relations 1963 ..................................................... 11

Article 35 ......................................................................................................................... 11

Article 36 ......................................................................................................................... 12

Article 37 ......................................................................................................................... 12

Article 38 ......................................................................................................................... 12

Reparation (QUOTE REF PATH) ................................................................................ 13

THE COURTS ......................................................................................................... 13

THE FOI REQUEST ................................................................................................... 14

Title of FOI request : Notifications to High Commissions and Embassies of Children in Care .................... 14

https://www.whatdotheyknow.com/user/advocacy_fund_3 ........................................ 14

AF USE OF whatdotheyknow.com (WDTK) CLASIFICATIONS ....................... 16

“DO NOT HAVE THE INFORMATION:” Is not a Local Authority with a Social Care Role. 16

REFUSED: Refused to answer Responded but Virtually no information provided .......................................................... 16

SOME OF THE INFORMATION: Do not have a policy but other information provided 16

ALL OF THE INFORMATION: Do not have a policy but comprehensive other information provided 16

THE FOI RESPONSES IN SUMMARY FORMAT .................................................. 17

Response to FOI Key : ............................................................................................. 17

LONDON ..................................................................................................................... 17

x London Borough of Barking and Dagenham ........................................................ 17

x London Borough of Barnet ................................................................................... 17

London and abroad Child Protection procedures..................................................... 17

x London Borough of Bexley .................................................................................. 18

? London Borough of Brent ..................................................................................... 18



x London Borough of Bromley ................................................................................ 18

x London Borough of Camden ................................................................................ 18

x London Borough of Croydon ................................................................................ 18

x London Borough of Ealing ................................................................................... 18

x London Borough of Enfield .................................................................................. 18

x London Borough of Greenwich ............................................................................ 18

x London Borough of Hackney................................................................................ 18

x London Borough of Hammersmith And Fulham .................................................. 18

x London Borough of Haringey ............................................................................... 18

?? London Borough of Harrow ................................................................................ 19

x London Borough of Havering ............................................................................... 19

x London Borough of Hillingdon ............................................................................ 19

x London Borough of Hounslow ............................................................................. 19

x London Borough of Islington................................................................................ 19

x Royal Borough of Kensington And Chelsea ......................................................... 19

x London Borough of Kingston Upon Thames........................................................ 19

x London Borough of Lambeth................................................................................ 19

x London Borough of Lewisham ............................................................................. 19

? The City of London Corporation........................................................................... 20

x London Borough of Merton .................................................................................. 20

x London Borough of Newham ............................................................................... 20

?? London Borough of Redbridge............................................................................ 20

x London Borough of Richmond Upon Thames...................................................... 20

x London Borough of Southwark ............................................................................ 20

x London Borough of Sutton ................................................................................... 20

x London Borough of Tower Hamlets ..................................................................... 20

x London Borough of Waltham Forest .................................................................... 20

x London Borough of Wandsworth ......................................................................... 20

x London Borough of Westminster City .................................................................. 20

ENGLAND .................................................................................................................. 21

+ Barnsley Metropolitan Borough Council ............................................................. 21

x Bath and North East Somerset Council ................................................................ 21

? Central Bedfordshire Council ............................................................................... 21

? Birmingham City Council ..................................................................................... 21

+ Blackburn with Darwen Borough Council ........................................................... 21

? Blackpool Borough Council .................................................................................. 21

x Bolton Metropolitan Borough Council did ........................................................... 21



x Bournemouth Borough Council ............................................................................ 21

+ Bracknell Forest Borough Council ....................................................................... 22

+ Bradford City Council .......................................................................................... 22

x Brighton & Hove City Council ............................................................................. 22

x Bristol City Council .............................................................................................. 22

x Buckinghamshire County Council ........................................................................ 22

? Bury Metropolitan Borough Council .................................................................... 22

x Calderdale Metropolitan Borough Council ........................................................... 22

x Cambridgeshire County Council........................................................................... 22

x Chester Council ..................................................................................................... 22

x Cornwall County Council ..................................................................................... 22

x Coventry City Council .......................................................................................... 23

? Cumbria County Council ...................................................................................... 23

? Darlington Borough Council ................................................................................. 23

+ Derby City Council ............................................................................................... 23

x Derbyshire County Council .................................................................................. 23

? Devon County Council .......................................................................................... 23

x Doncaster Metropolitan Borough Council ............................................................ 23

x Dorset County Council ......................................................................................... 23

x Dudley Metropolitan Borough Council ................................................................ 23

x Durham County Council ....................................................................................... 23

x East Riding of Yorkshire Council ......................................................................... 23

x East Sussex County Council ................................................................................. 23

x Essex County Council ........................................................................................... 23

x Gateshead Metropolitan Borough Council ........................................................... 24

+ Gloucestershire County Council ........................................................................... 24

x Halton Borough Council ....................................................................................... 24

x Hampshire County Council................................................................................... 24

x Hartlepool Council ................................................................................................ 24

x Herefordshire Council ........................................................................................... 24

x Worcestershire County Council ............................................................................ 24

x Hertfordshire County Council............................................................................... 24

x Isle of Wight County Council ............................................................................... 24

x Kent County Council ............................................................................................ 24

+ Kingston Upon Hull City Council ........................................................................ 24

+ Kirklees Borough Council .................................................................................... 24

+ Knowsley Metropolitan Borough Council ........................................................... 25



? Lancashire County Council ................................................................................... 25

x Leeds City Council ............................................................................................... 25

x Leicester City Council .......................................................................................... 25

x Leicestershire County Council .............................................................................. 25

x Lincolnshire County Council ................................................................................ 25

x Liverpool City Council ......................................................................................... 25

x Luton Borough Council ........................................................................................ 25

x Manchester City Council ...................................................................................... 25

x Middlesborough Borough Council ....................................................................... 25

x Milton Keynes Council ......................................................................................... 25

x West Berkshire Council ........................................................................................ 26

x Norfolk County Council ....................................................................................... 26

x North East Lincolnshire Council .......................................................................... 26

x North Lincolnshire Council .................................................................................. 26

x North Somerset Council ........................................................................................ 26

x North Tyneside Metropolitan Borough Council ................................................... 26

? North Yorkshire County Council .......................................................................... 26

x Northamptonshire County Council ....................................................................... 26

x Northumberland County Council .......................................................................... 26

x Nottingham City Council ...................................................................................... 26

+ Nottinghamshire County Council ......................................................................... 27

x Oldham Metropolitan Borough Council ............................................................... 27

x Oxfordshire County Council ................................................................................. 27

x Peterborough City Council ................................................................................... 27

x Plymouth City Council ......................................................................................... 27

x Poole Borough Council ......................................................................................... 27

x Portsmouth City Council ...................................................................................... 27

x Reading Borough Council..................................................................................... 27

x Redcar And Cleveland Borough Council ............................................................. 27

x Rochdale Metropolitan Borough Council ............................................................. 27

+ Medway Council ................................................................................................... 27

x Rotherham Metropolitan Borough Council .......................................................... 28

x Rutland District Council ....................................................................................... 28

x Salford City Council ............................................................................................. 28

x Sandwell Metropolitan Borough Council ............................................................. 28

x Sefton Metropolitan Borough Council.................................................................. 28

x Sheffield City Council .......................................................................................... 28



x Shropshire County Council ................................................................................... 28

x Slough Borough Council ...................................................................................... 28

x Solihull Metropolitan Borough Council ............................................................... 28

x Somerset County Council ..................................................................................... 28

x South Gloucestershire Council ............................................................................. 29

x South Tyneside Metropolitan Borough Council ................................................... 29

x Southampton City Council .................................................................................... 29

x Southend On Sea Borough Council ...................................................................... 29

x St. Helens Metropolitan Borough Council............................................................ 29

x Staffordshire County Council ............................................................................... 29

x Stockport Metropolitan Borough Council ............................................................ 29

x Stockton On Tees Borough Council ..................................................................... 29

x Stoke On Trent City Council ................................................................................ 29

x Suffolk County Council ........................................................................................ 29

x Sunderland City Council ....................................................................................... 30

? Surrey County Council .......................................................................................... 30

x Swindon Borough Council .................................................................................... 30

x Tameside Metropolitan Borough Council ............................................................ 30

x Thurrock Borough Council ................................................................................... 30

x Torbay Council ..................................................................................................... 30

x Trafford Metropolitan Borough Council .............................................................. 30

Wakefield City Council ........................................................................................... 30

x Walsall Metropolitan Borough Council ................................................................ 30

x Warrington Borough Council ............................................................................... 30

x Warwickshire County Council .............................................................................. 31

?? West Sussex County Council .............................................................................. 31

x Wigan Metropolitan Borough Council ................................................................. 31

x Wiltshire County Council ..................................................................................... 31

x Royal Borough of Windsor and Maidenhead ....................................................... 31

x Wirral Metropolitan Borough Council.................................................................. 31

x Wokingham District Council ................................................................................ 31

?? Wolverhampton City Council ............................................................................. 31

x Telford and Wrekin Council ................................................................................. 31

x City of York Council ............................................................................................ 31

x Council of the Isles of Scilly ................................................................................. 31

WALES ........................................................................................................................ 31

x Blaenau Gwent Council ........................................................................................ 31



x Bridgend Council .................................................................................................. 31

?? Caerphilly Council .............................................................................................. 32

x Cardiff Council ..................................................................................................... 32

x Carmarthenshire Council ...................................................................................... 32

x Ceredigan Council ................................................................................................ 32

+ Conwy County Borough Council ......................................................................... 32

x Denbeighshire Council.......................................................................................... 32

+ Flintshire Council ................................................................................................. 32

x Gwynedd Council ................................................................................................. 32

x Isle of Anglesey Council ....................................................................................... 32

x Merthyr Tydfil Council ......................................................................................... 32

x Monmouthshire Council ....................................................................................... 32

x Neath Port Talbot Council .................................................................................... 32

? Newport City Council ........................................................................................... 32

x Pembrokeshire Council ......................................................................................... 33

x Powys Council ...................................................................................................... 33

x Rhondda Cynon Taff Council ............................................................................... 33

x Swansea Council ................................................................................................... 33

x Torfaen Council .................................................................................................... 33

? Vale of Glamorgan Council .................................................................................. 33

x Wrexham County Borough Council ..................................................................... 33

List of UK Local Authorities that listed US child citizens in their care since 2011................................................................................................................................... 33

USA: ........................................................................................................................ 33

ADDITIONAL FOI RE TOTAL IN CARE ........................................................................ 34

Helen Chandler left an annotation (29 May 2012) .................................................. 35

ADVOCACY FUND FOI COMPLETION TABLE ................................................... 36



INTERNATIONAL LAW AND TREATY (QUOTE WHERE FROM)

1. In international law, the state has fixed legal responsibility for the violation of international obligations 2. This includes responsibility for injury to foreign nationals 3. State responsibility occurs when an organ of state violates an international obligation 4. A state is fixed with responsibility when there is an unlawful act or omission attributable to the state 5. A state is responsible for the activities of all its organs this includes organisations or individuals acting for the state (this would include local authorities and those acting for it) 6. Breach of international obligation gives rise to reparation obligations 7. Obligation and international responsibility can also occur by reason of denial of justice and due process including in respect of a legal dispute whether civil or criminal There are clear legal obligations in both domestic and international law as a consequence which are being breached.



THE LEGAL FRAMEWORK

VIENNA CONVENTION & LEGAL REQUIREMENTS

Vienna Convention on Consular Relations 1963 Done at Vienna on 24 April 1963. Entered into force on 19 March 1967. United Nations, Treaty Series, vo1. 596, p. 261 Relevant Extracts Article 5 Consular functions Consular functions consist in:

(a) protecting in the receiving State the interests of the sending State and of its nationals, both individuals and bodies corporate, within the limits permitted by international law;

(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;

(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons;

(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging appropriate representation for nationals of the sending State before the tribunals and other authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and regulations of the receiving State, provisional measures for the preservation of the rights and interests of these nationals, where, because of absence or any other reason, such nationals are unable at the proper time to assume the defence of their rights and interests;

(j) transmitting judicial and extrajudicial documents or executing letters rogatory or commissions to take evidence for the courts of the sending State in accordance with international agreements in force or, in the absence of such international agreements, in any other manner compatible with the laws and regulations of the receiving State;

(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.

Article 35 Freedom of communication 1.The receiving State shall permit and protect freedom of communication on the part of the consular post for all official purposes. In communicating with the Government, the diplomatic missions and other consular posts, wherever situated, of the sending State, the consular post may employ all appropriate means, including diplomatic or consular couriers, diplomatic or consular bags and messages in code or cipher.



Article 36 Communication and contact with nationals of the sending State 1.With a view to facilitating the exercise of consular functions relating to nationals of the sending State:

(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;

(b) if he so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph; (c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention if he expressly opposes such action.

2.The rights referred to in paragraph 1 of this article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this article are intended.

Article 37 Information in cases of deaths, guardianship or trusteeship, wrecks and air accidents If the relevant information is available to the competent authorities of the receiving State, such authorities shall have the duty:

(a) in the case of the death of a national of the sending State, to inform without delay the consular post in whose district the death occurred; (b) to inform the competent consular post without delay of any case where the appointment of a guardian or trustee appears to be in the interests of a minor or other person lacking full capacity who is a national of the sending State. The giving of this information shall, however, be without prejudice to the operation of the laws and regulations of the receiving State concerning such appointments;

Article 38 Communication with the authorities of the receiving State In the exercise of their functions, consular officers may address:

(a) the competent local authorities of their consular district; (b) the competent central authorities of the receiving State if and to the extent that this is allowed by the laws, regulations and usages of the receiving State or by the relevant international agreements.



There is a duty with regard to non UK children taken into care to (i) inform a consul, (ii) inform the parents and child that they can contact the consul and (iii) for the Local Authority to provide copy of papers to consul and (iv) to enable visits and full, unobstructed consular access and

assistance, including repatriation for matters to be dealt with in the sending country as alternative to closed adoption for the child in the UK.

(v) Where the foreign national is a victim of the receiving state, the enablement of repatriation is unconditional.

Reparation (QUOTE REF PATH) "[I]n honouring the victims' right to benefit from remedies and reparation, the international community keeps faith and human solidarity with victims, survivors and future human generations, and reaffirms the international legal principles of accountability, justice and the rule of law". (1) Reparation is a principle of law that has existed for centuries. Reparation refers to the obligation of the wrongdoing party to redress the damage caused to the injured party. Under international law, "reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed."(2) Reparation impacts on both the individual victim and the wider societies and communities affected by refocusing on the restorative in addition to the retributive.

(QUOTE)

(1)A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may— . (a)bring proceedings against the authority under this Act in the appropriate court or tribunal, or . (b)rely on the Convention right or rights concerned in any legal proceedings, . but only if he is (or would be) a victim of the unlawful act.

THE COURTS The courts do not actively require compliance with convention and law. There is in one specific instance in the High Court Before the previous President of The Family Division who refused to make an order when one local authority (London Borough of Haringey) refused consular access. It is widely believed by a growing body of campaigners, family law users and concerned professionals and MPs that a Parliamentary or public inquiry is needed into a number of the issues involving UK family law cases.



THE FOI REQUEST

Title of FOI request : Notifications to High Commissions and Embassies of Children in Care

https://www.whatdotheyknow.com/user/advocacy_fund_3

This report concerns FOI requests with Local Authorities in England and Wales concerning the issues of: 1. What is the Local Authority’s policy for notifying High Commissions and Embassies (their Consular Welfare Sections) regarding non-UK national children that are? A. Taken in to Care B. Being Adopted 2. What is the Local Authority’s policy for enabling High Commissions and Embassies Consular Welfare access visits to non-UK children in its care and prior to adoption? 3. Has the Local Authority sought any legal or other advice from the Foreign and Commonwealth Office regarding High Commissions and/or Embassies Consular Welfare visits to non UK children in its care? 4. Has the Local Authority refused any High Commission or Embassy Consular Welfare visits to non UK children in it's care and if so, how many? 5. By the Local Authority: How many foreign national children have in the last five years?

A. Been taken into Care B. Been Adopted C. What list of counties were they from

https://www.whatdotheyknow.com/user/advocacy_fund_3



6. By the Local Authority:

How many High Commissions and Embassies Consular Welfare Sections in these cases as in 5. A. & B. above were: A. Notified B. Were not notified To High Commissions and Embassies Consular Welfare Sections ?

7. In the cases of doubt regarding nationality and other unconfirmed/un verified information such as history what is the Local Authority’s policy regarding enquiring of High Commissions and Embassies for confirmations that may be available outside of the UK regarding non UK children in it's care and prior to adoption.

8. What is the Local Authority’s Policy regarding nonUK children in its care or as adopted being able to ensure their right of access to their nonUK Identity and Nationality once they reach age 16 and should they wish assistance to leave the UK?



AF USE OF whatdotheyknow.com (WDTK) CLASIFICATIONS The Advocacy Fund’s use of WDTK Classifications was as follows: To assist in classifying the LA’s responses AF did not use the WDTK classification system as it would normally be used. For ease of use local authority responses to the FOI requests use the following classification:

FOI USE OF CLASIFICATIONS:

“DO NOT HAVE THE INFORMATION:” Is not a Local Authority with a Social Care Role.

REFUSED: Refused to answer Responded but Virtually no information provided Do not have a policy and very little information provided

SOME OF THE INFORMATION: Do not have a policy but other information provided Do have a policy but little other information provided

ALL OF THE INFORMATION: Do not have a policy but comprehensive other information provided Do have a policy and most other information provided All information provided



THE FOI RESPONSES IN SUMMARY FORMAT

There are a few Local Authorities missing from this list; these are two-tier Authorities, whose Children Services departments are staffed by other Authorities. Sending State references are given by their ISO3166-1Alpha-2 codes

(see Appendix II).

Response to FOI Key : x No notification policy + Has a policy and/or notifies ? Uncertain ?? Did not respond

LONDON x London Borough of Barking and Dagenham do not have a written policy and do not follow legislated procedure. They do not notify Embassies except in cases where adoptions have already completed. They have taken 172 Children of Foreign Nationals into care, of which 3 adopted, from NG, AF, AL, IR, ER, GH, SO, CG, KE, DZ, RO, US, BD, BI, CM, CN, DM, NL, ET, IQ, LT,, PK, PL, PT, SL, LC, UG and ZW.

x London Borough of Barnet have no written policy but do have a full time agent from UKBA on staff who assists with issues surrounding Children of Foreign Nationals. It could be assumed that this individual is aware of the legislation and contacts the Embassies on a case-by-case basis but without a policy this cannot be assured. Of the 239 Children of Foreign Nationals taken into care, 8 adopted and from AF, AL, DZ, AO, AZ, BD, CF, CN, CG, ER, GN, IR, IQ, IE, JM, KE, KW, KR, LV, MW, NZ, NG, PH, PL, PT, RO, RU, SA, SL, SK, SO, ES, LK, SD, SE, TT, TR, UG, US, VN, ZM, ZW, Kosovo, Palestinian Territories and Yugoslavia.

London and abroad Child Protection procedures. - P261, section 5.45 (5.45.4 Professionals should contact national embassies and consulates in London for the countries concerned. Embassy and consulate details are available on the Foreign and Commonwealth Office website, at: www.fco.gov.uk.)



x London Borough of Bexley have no information concerning numbers and have no written policy or procedure in place to notify Embassies.

? London Borough of Brent have no written policy, but do notify Embassies on a case-by-case basis. They have no information on numbers.

x London Borough of Bromley do not have a written policy and claim most Children of Foreign Nationals are either UASC or have no discernible or recorded nationality (what?). They have taken 51 Children of Foreign Nationals into care from ER, IR, SL, CN, SO, IQ, AF, AL, PK, MN, SD, VN and CI.

x London Borough of Camden have no statistical information beyond 2007, therefore is limited to the following: 229 Children of Foreign Nationals taken into care and 2 adopted from AF, AL, DZ, AU, BD, CA, CG, ER, ET, GH, GN, IR, IQ, IE, IT, JM, LV, LT, MA, NG, PK, PL, PT, RO, RU, SL, SO, UG, US and Kosova. They have no written policy and do not inform Embassies.

x London Borough of Croydon have no written policy and do not inform Embassies as a matter of course. They have taken 1118 Children of Foreign Nationals into care from AF, AL, DZ, AO, BD, BI, TD, CN, CG, CI, EG, ER, ET, GM, GE, GH, GN, IN, IR, IQ, KE, KW, LY, MY, ML, MR, MN, MA, NE, KP, PK, RU, SL, SO, LK, SD, TR, UG, UA, VN, CI, Africa, Asia, Europe, Palestine Territories and Syria.

x London Borough of Ealing do not have a written policy and do not consult with Embassies as a matter of course. They refer to the London Child Protection Procedures.

x London Borough of Enfield do not have a policy but as a matter of course, they do consult with Embassies when required. They have taken 37 Children of Foreign Nationals from AF, AL, CN, CG, ET, IR, IQ, MW, RO, RU, SO, TR and VN.

x London Borough of Greenwich do not have a written policy but they do liaise directly with local authorities in EU sending States. They seek advice from Embassies in “some” cases. They offer no details on numbers or nationalities.

x London Borough of Hackney have a written policy and refer to the Pan London Child Protection Procedure, which seems to be unavailable for public consumption.

x London Borough of Hammersmith And Fulham have no policy and do not notify Embassies. They offer no further details.

x London Borough of Haringey have not responded to enquiries though it is known via wide alternative media coverage of at least one family of seven Children of Foreign Nationals that were removed and are now considered “missing” by most commentators, on the grounds that they had in fact been smuggled into the UK by the two individuals who accompanied them – who, by proof of DNA matching, turned out to be the biological parents of said children. LBH continued to claim that they were not the parents, which was accepted by the Proceedings and the children



were subsequently put up for adoption (we think). The parents are currently languishing in separate prisons with no contact with each other, no access to legal advice or Consular access and no contact with their children. They will be deported when they have served their sentences with no further contact with their children. See http://www.salem-news.com/articles/august152012/musa-sentence- jg.php for more details.

?? London Borough of Harrow have yet to respond to enquiries.

x London Borough of Havering have no written policy and do not notify Embassies. They liaise with the Home Office in cases involving Children of Foreign Nationals and have taken 17 into care and adopted 1 from AF, AL, DZ, BR, GN, IR, KW, LB, PT and Kosova.

x London Borough of Hillingdon have no written policy and only consult Embassies when looking to return Children of Foreign Nationals to their families in their country of origin. They offer no informaiton on numbers, but do offer that they have taken children from AF, ER, ET, IR, IQ, CN, VN, NG, SL, PK, IN, LR, GN, SN, GH, DZ, UG, ZA, RW, ZW, SO, LK, KW, BD, KE, SD, CM, TR, TD, TZ, AL, PT, DRC, the Palestinian Territories and South Korea.

x London Borough of Hounslow do not have a written policy and do not contact Embassies as a matter of course. They have taken 151 Children of Foreign Nationals into care and adopted 10 from IE, PT, LT, SO, ER, ZA and LK.

x London Borough of Islington do not have a written policy and are of the belief that it's not a statutory requirement to notify Embassies. They do not offer details on numbers or nationalities.

x Royal Borough of Kensington And Chelsea act upon the Hague Convention but have no written policy concerning Children of Foreign Nationals. They have taken 99 children into care and adopted 29 from CN, RU, US, ET, GH, LB, MA, PH, IN, TH and BZ.

x London Borough of Kingston Upon Thames say they do not record the origins of Children of Foreign Nationals nor do they notify Embassies.

x London Borough of Lambeth do not have a written policy, and while they are not forthcoming with numbers, they do tell us that they have taken Children of Foreign Nationals from AF, US, DZ, AO, BD, BR, CM, CA, CH, CG, NL, EC, ER, FR, GH, GD, GW, IN, LB, MC, NG, IR, IQ, IE, IT, CI, SL, SO, ZA, ES, SD, JM, KE, PK, PL, PT, RO, TZ, UG, VT, ZM, ZW and Zhiran. They do not, as a rule, inform Embassies.

x London Borough of Lewisham have a written policy concerning Children of Foreign Nationals however this does not include Embassies' notifications. Their assessment process is completely proprietary and is biased in every case (to which they offer no details or statistics) toward the Local Authority in Public Law Family Proceedings.

http://www.salem-news.com/articles/august152012/musa-sentence-jg.php

http://www.salem-news.com/articles/august152012/musa-sentence-jg.php



? The City of London Corporation refers the Inquiry to individual Local Authorities and to the now-defunct General Social Care Council.

x London Borough of Merton does not have a written policy and informs the Inquiry that of the 20 Children of Foreign Nationals they taken into care from ER, AF, IR, PK, AL, SH and SY, not a single one has had or been informed of their right to Consular Access.

x London Borough of Newham has no written policy and are unwilling to divulge statistics for reasons unknown.

?? London Borough of Redbridge refused all enquiries citing cost of process.

x London Borough of Richmond Upon Thames do not have a written policy, however claim that is because they have taken no Children of Foreign Nationals. Which is known to be untrue.

x London Borough of Southwark have no written policies in place nor are they forthcoming with any other information.

x London Borough of Sutton have no written policy and no differentiation is made on any children due to nationality.

x London Borough of Tower Hamlets do have a written policy which includes notification of Embassies, however they do not record nationalities hence have no statistics to offer.

x London Borough of Waltham Forest claim they do not hold any information. They do not have a written policy.

x London Borough of Wandsworth are of the belief that Consular notifications are not a Statutory requirement, hence have neither written policy nor statistics of Children of Foreign Nationals.

x London Borough of Westminster City have no written policy and treat Children of Foreign Nationals as they would any other children.



ENGLAND + Barnsley Metropolitan Borough Council claim to have taken no Children of Foreign Nationals for care or adoption in the past five years. The contact informs that they use an organisation/guideline called Family First, however the only online reference we can find to Family First is the giving charity which operates a number of furniture warehousing projects up and down the UK and supplies beds, cookers and other whitegoods and basic furniture, to families in need by way of reference from Social Services. That said, they will attempt to place a Children of Foreign Nationals with family or friends in the first instance after consultation with the relevant Embassy/HC.

x Bath and North East Somerset Council deal with each case on an individual basis. They have no policy on Children of Foreign Nationals, and claim to have taken no Children of Foreign Nationals in the last five years.

? Central Bedfordshire Council deal with each case on an individual basis. They deal with cases involving Children of Foreign Nationals as part of the care proceedings; there is no further information for this Authority.

? Birmingham City Council claim not to have any statistical data concerning Children of Foreign Nationals in care or adopted. This suggests a number greater than zero but with Birmingham having such a large multicultural community this is highly unlikely. Cases are dealt with on an individual basis. They deal with cases involving Children of Foreign Nationals as part of the care proceedings; there is no further information for this Authority.

+ Blackburn with Darwen Borough Council deal with relevant Embassies. They do not keep statistical information, or keep records of countries of origin although they do attempt to determine country of origin. They liaise with International Social Services, the Foreign & Commonwealth Office, and relevant Embassies.

? Blackpool Borough Council deal with each case individually. They claim to follow the relevant regulated practices, and say they have taken no Children of Foreign Nationals into care or adoption in the last five years.

x Bolton Metropolitan Borough Council did not divulge their practices, however they do admit that they have no written policies concerning Children of Foreign Nationals. They do also admit that they have taken 21 Children of Foreign Nationals in the last five years from the following nationalities: CD, ZW, IR, AF, NG, PK, SL, BD.

x Bournemouth Borough Council base care/adoption decisions based entirely upon reports of their Children Services department. Data is held on ethnicity not nationality, however they are not willing to share this information.



+ Bracknell Forest Borough Council have taken 4 children from ZM and ZW in the last five years. They made contact with three Embassies during proceedings and one after, following efforts (presumably with 100% success rate) to identify nationalities.

+ Bradford City Council do not have a written policy however they do check with Embassies. Of the 91 Children of Foreign Nationals taken into care (none adopted), 48 were asylum seekers, and the embassies of the following States were consulted: AF, BD, BA, CM, CN, CZ, ET, FR, IR, IQ, IE, JM, LR, MW, NG, KP, PK, PL, SI, VN, ZW.

x Brighton & Hove City Council liaise with the Home Office (surely the wrong people to talk to in cases involving Children of Foreign Nationals), and say this fulfills obligations under the Children Act 1989 and the Adoption & Children Act 2002 – neither of which makes any consideration for nationality a priority (or even mentions it) – other than which there is no written policy and the claim that there is no requirement for the Local Authority to notify High Commissions/Embassies in respect of inter- country adoptions. This is completely incorrect, as it is the responsibility of the Local Authorities and/or Department of Health to send the relevant paperwork to the source State Embassy for notarisation before the adoption application can be made (source: SSIA/Cymru [Attached PDF at Appendix I] & Vienna 1963).

x Bristol City Council do not have a written policy concerning Children of Foreign Nationals and have thus far refused to divulge any further information.

x Buckinghamshire County Council do not have a policy concerning Children of Foreign Nationals except to state that they deal with adoption cases as legislated through the High Court according to the Adoption & Children Act 2002.

? Bury Metropolitan Borough Council cite confidentiality as the reason for sharing no information on policy or numbers, other than to state that they liaise the FCO regarding Consular visits to Children of Foreign Nationals in care.

x Calderdale Metropolitan Borough Council do not make enquiries as to nationalities of Children of Foreign Nationals, nor do they follow legislated procedures for informing Embassies.

x Cambridgeshire County Council do not make enquiries as to nationalities of Children of Foreign Nationals, nor do they follow legislated procedures for informing Embassies. They liaise with the UK Border Agency on matters of immigration.

x Chester Council do not have a written policy and do not follow legislated procedure: it is left to the biological parents to inform the Embassy of the situation. It is however the duty of the authority and not the Parents.

x Cornwall County Council do not have a written policy and do not attempt to determine nationality.



x Coventry City Council do not have a written policy and holds no information on nationalities, suggesting that they make no attempt to determine nationality.

? Cumbria County Council cite risk of identifying individual children as a reason for not divulging information. They have provided no further information.

? Darlington Borough Council have taken three Children of Foreign Nationals from IR and AF. Cases are considered individually; there is no further information on policy.

+ Derby City Council does not keep statistical data, however they do state that proper liaison is kept with the relevant Embassy.

x Derbyshire County Council do not hold any information on Children of Foreign Nationals, and have no written policy.

? Devon County Council have been in touch with one single Embassy concerning a single Children of Foreign Nationals; this was “around 7 years ago”.

x Doncaster Metropolitan Borough Council do not follow legislated procedure concerning Children of Foreign Nationals; they do notify the Home Office after proceedings have completed, and have taken 20 Children of Foreign Nationals into care and adopted 2 from AF, CG, GH, IQ, IR, NG, PK, PL, TR.

x Dorset County Council do not have a written policy, but they do say they have taken 13 Children of Foreign Nationals into care from AF, BD and IQ.

x Dudley Metropolitan Borough Council have chosen to seek legal advice on the question of written policy, suggesting they do not have one, and they do not follow legislated procedure on Children of Foreign Nationals. They have taken 9 Children of Foreign Nationals into care from AF, AL, CN, IN, IR, PK, and continental Africa.

x Durham County Council do not have a written policy, and they claim to have taken no children into care or for adoption in the last five years.

x East Riding of Yorkshire Council do not hold any information on Children of Foreign Nationals, and they do not follow legislated procedure in dealing with such cases.

x East Sussex County Council do not follow legislated procedure unless it satisfies a proprietery “best interests” test to do so. They have taken 9 into care and 2 for adoption, out of which 7 were notified to the Embassy. Those taken were from CG, PL and GH.

x Essex County Council do not make contact with Embassies. They have taken 9 Children of Foreign Nationals into care from CN, RU, GT and MU. They have no written policy.



x Gateshead Metropolitan Borough Council does not follow legislated procedure in Children of Foreign Nationals cases and does not notify Embassies. They do not have a written policy. They have take one Children of Foreign Nationals into care but refuse to divulge her nationality.

+ Gloucestershire County Council does not have a written policy, however they do liaise with Embassies in cases (numbers unrecorded) dealing with Children of Foreign Nationals from Nigeria, South Africa, Australia, Pakistan, India, Slovakia and Poland.

x Halton Borough Council do not follow legislated procedure in dealing with Children of Foreign Nationals. They have taken 4 Children of Foreign Nationals into care and 1 for adoption from AF and IR in the last five years.

x Hampshire County Council do not follow legislated procedure, do not liaise with Embassies nor the FCO in Children of Foreign Nationals cases, and have taken 118 Children of Foreign Nationals into care and 3 for adoption from AF, BD, BR, CN, ET, PH, IN, IR, IE, JM, JP, PK, PG, PL, PT, ZA, LK, TR, VN and ZW.

x Hartlepool Council do not have a policy in place, nor do they have any information on Children of Foreign Nationals.

x Herefordshire Council follow West Midlands Safeguarding Procedures which does not include information on Children of Foreign Nationals procedure, hence it can be said that they do have a written policy.

x Worcestershire County Council has no written policy regarding Children of Foreign Nationals; they do not inform the Embassies particularly concerning UASC as they are of the erroneous belief that in such cases (asylum seekers) they do not have to inform those Embassies.

x Hertfordshire County Council does not follow legislated procedure on Children of Foreign Nationals nor do they have a written policy. They have no liaison with Embassies.

x Isle of Wight County Council does not follow legislated procedure nor do they have a written policy.

x Kent County Council do not have a written policy. They liaise with Embassies on an advisory basis only, and have taken 55 Children of Foreign Nationals into care from AF, AL, BA, CZ, DE, IR, IT, LV, MA, PT, RO, SI, ZA, ES, VN, ZW and NL.

+ Kingston Upon Hull City Council have taken two Children of Foreign Nationals for adoption, one from TN and one from NG, one in accordance with International Law. They do have a written policy in dealing with Children of Foreign Nationals.

+ Kirklees Borough Council have taken 5 Children of Foreign Nationals from UG, PK and ZW into care, following notification requirements.



+ Knowsley Metropolitan Borough Council do not have a written policy and do not follow International law regarding care/adoption of Children of Foreign Nationals.

? Lancashire County Council are currently revising their written policy (they have none in effect). They make some effort to determine nationality, however beyond that there is no information on whether or not they follow legislated procedures in subsequent liaisons.

x Leeds City Council liaise with UKBA and the Home Office to determine immigration status, but they do not follow legislated procedure on notification of Embassies. They have taken 258 Children of Foreign Nationals into care and adopted 1 from AF, BD, CM, CH, CG, ER, FR, GH, GN, IR, IL, IQ, CI, KE, MW, NG, PK, RU, SB, SY, TR, VN, ZM, ZW, Dagestan, and some unspecified.

x Leicester City Council have no written policy and do not follow legislated procedure. They describe Children of Foreign Nationalss exclusively as UASC, with 37 taken into care, 68 described as “in need” and 9 adopted from AF, IQ, IR, CG, ER, IT, AL, VN, SO, ZW, ZA, BR, NG, NO, NL, LR, Ivory Coast, the Palestinian Territories, and the Caribbean region.

x Leicestershire County Council do not have a written Children of Foreign Nationals policy and refuse to divulge any information.

x Lincolnshire County Council refer all Children of Foreign Nationals cases to Nottingham County Court sitting as the High Court. They do not follow legislated procedures on determination nor of notifying Embassies. They have taken 63 Children of Foreign Nationals into care and adopted 4 from AF, DK, EC, ER, ET, IE, IE, LV, LT, PK, PL, RU, PT, SD, VN, and the Palestinian Territories.

x Liverpool City Council do not follow legislated procedures, and have taken 183 Children of Foreign Nationals from CN, BD, IN, PK, described as “other Black”, “other Asian”, and “African”. This suggests that no attempt is made to determine nationality. They do not have a written Children of Foreign Nationals policy.

x Luton Borough Council do not follow legislated procedure, and have no records concerning Children of Foreign Nationals. They have no written policies concerning Children of Foreign Nationals.

x Manchester City Council do not follow legislated procedures, have no written policy and no attempt is made to contact Embassies. They have taken 295 Children of Foreign Nationals into care from Africa, Asia, Europe, middle East, Oceania and “Not Known”.

x Middlesborough Borough Council do not have a written policy and do not follow legislated procedure. They have taken 25 Children of Foreign Nationals from CN, US, NL, PL and RO into care.

x Milton Keynes Council do not have a written policy and do not follow legislated procedure. They make enquiries of the UKBA as to immigration status,



and have taken 49 Children of Foreign Nationals into care from AF, ER, IR, IQ, NG, VN, and “African”.

x West Berkshire Council have no written Children of Foreign Nationals policy and do not follow legislated procedure. They have taken 49 Children of Foreign Nationals into care from AF, AL, ER, IR, IQ and SU.

x Norfolk County Council do not follow legislated procedure and have no written policy. They have taken 61 Children of Foreign Nationals into care from AF, HU, CH, PT, and “others”. They do not liaise with Embassies.

x North East Lincolnshire Council sometimes follow legislated procedure and notification requirements but only in cases where wider families are already identified. They have taken 6 Children of Foreign Nationals into care from AF, BR and ZA.

x North Lincolnshire Council do not follow legislated procedure nor do they have a written policy. They do not hold statistical data on Children of Foreign Nationals removals.

x North Somerset Council do not follow legislated procedures, and they do not liaise with Embassies. They have taken 10 Children of Foreign Nationals into care and adopted 7 from RU, AF, IQ, TH, GT and Eastern Europe.

x North Tyneside Metropolitan Borough Council do not have a written policy and do not follow legislated procedures. They do not liaise with Embassies unless it is in accordance with and satisfies the “Best Interests” test. They have taken 55 Children of Foreign Nationals into care from AF, BD, CN, CZ, IR, IQ, PL, UG, ZA, US and “African”.

? North Yorkshire County Council are currently drafting a policy on Children of Foreign Nationals with the stated intention to have had one in place by January 2012. Enquiries are in motion to determine whether or not they have a policy in place. They cite protection of the child in refusing to give the country of origin of the one child they have taken into care.

x Northamptonshire County Council have no written policy in place and do not follow legislated procedure; indeed they have stated their intention not to follow legislated procedure in removing Children of Foreign Nationals, of which they have 1,000 (countries of origin not disclosed and a suspiciously round number), only that they sometimes consult with UKBA in determining residence status.

x Northumberland County Council claim they follow legislated procedure in informing the sending State's Embassy/HC at the earliest opportunity. However, of the three Children of Foreign Nationals in care in the district, none were notified to the Embassies of AF or IR.

x Nottingham City Council have no policy on informing Embassies. They hold no information on numbers or nationalities.



+ Nottinghamshire County Council refer to the Vienna Convention 1963 which puts the responsibility of informing Embassies of the status of Children of Foreign Nationals squarely in the laps of Local Authorities. However, they hold no data regarding numbers or nationalities.

x Oldham Metropolitan Borough Council rely on the consent of the parents to notify Embassies, which is an unnecessary and unlawful obstacle, in our opinion one which would allow them to claim that consent was sought but refused. They cite privacy of the Children of Foreign Nationals for refusing to divulge numbers or nationalities.

x Oxfordshire County Council treat Children of Foreign Nationals as they would those legally resident. Of the 217 Children of Foreign Nationals taken into care, none of the Embassies of the following countries were informed: AF, AL, DZ, BW, CH, CG, IR, EG, ER, ET, GH, IQ, KE, JM, MK, NG, RO, UG, SO, ZA, SY, VN, ZW, Kosovar, “Other” and “Not Recorded”.

x Peterborough City Council have no written policy; they are ignorant of Convention and do not follow legislated procedure. That said they regularly liaise with an organisation called Families Across Borders who then liaise with the Sending States' Child Protection Service but this does not conform to law.

x Plymouth City Council do not have a written policy and do not follow legislated procedure. They have offered no further useful information.

x Poole Borough Council do not follow legislated procedure; they leave the task of notifying to a private adoption agency, hence see no need for a written policy. They have taken 3 Children of Foreign Nationals for adoption from ET, TH and TW.

x Portsmouth City Council do not follow legislated procedure beyond the Adoption with A Foreign Element Regulations 2005 (UKSI2005:392/2) which makes no reference whatsoever with Consular access to Children of Foreign Nationals. Of the 74 Children of Foreign Nationals taken, 3 were adopted from MA, NG, CG, AF, BD, GM, AO, IQ, IR, VN, ER, SD, AL, UA, RO, PH, ET and Serbia.

x Reading Borough Council have not seen Children of Foreign Nationals in care and adoption proceedings as an issue to be dealt with.

x Redcar And Cleveland Borough Council do not have a written policy on Children of Foreign Nationals, nor do they follow legislated procedure.

x Rochdale Metropolitan Borough Council do not follow legislated procedure and do not have a written policy. They are of the belief that should such a situation arise, that they would only be obliged to notify in “some” cases.

+ Medway Council are aware of the legislation and have a written policy. They do not keep records of nationalities in a searchable format.



x Rotherham Metropolitan Borough Council do not have a written policy and are ignorant of the legislation surrounding the obligation to notify Embassies. They have taken 30 Children of Foreign Nationals into care from AF, SK, DZ, NG, IR, LT, KE, RO, SO, ZW, MW, IQ, SD, VN, KP, MA, PK, CG. Recent media coverage has found that Rotherham seem to be more concerned with the political leanings of carers than of the cultural heritage of the children. See:

http://www.telegraph.co.uk/news/politics/9700001/Foster-parents-stigmatised-and-slandered-for- being-members-of-Ukip.html

x Rutland District Council do not have a written policy and do not notify Embassies. They have taken 9 Children of Foreign Nationals into care from AF and ER.

x Salford City Council have no written policy and do not inform Embassies. Of the 15 Children of Foreign Nationals taken, 3 are adopted. These are from CN, CK, LR, PL, IE, ER, RU, GM.

x Sandwell Metropolitan Borough Council does not have a Children of Foreign Nationals policy and do not notify Embassies as a matter of course. They have taken 43 Children of Foreign Nationals into care from AF, CH, CG, IR, IQ, JM, SD and Kosova.

x Sefton Metropolitan Borough Council do not have a written policy nor do they follow legislated procedures. They do liaise with the International Social Service and FCO.

x Sheffield City Council do not have a written policy nor do they follow legislated procedures. They have taken 38 Children of Foreign Nationals into care but there is no more information offered.

x Shropshire County Council have no written policy nor do they consult with Embassies. They have taken 17 Children of Foreign Nationals into care from AF, IR, CH, and Ireland.

x Slough Borough Council do not have any policy or information regarding Children of Foreign Nationals.

x Solihull Metropolitan Borough Council do not have a written policy and describe all Children of Foreign Nationals they have previously taken (no details given) as UASC.

x Somerset County Council do not hold any information on Children of Foreign Nationals, nor do they state any intention to follow legislated procedure or have a written policy.

http://www.telegraph.co.uk/news/politics/9700001/Foster-parents-stigmatised-and-slandered-for-being-members-of-Ukip.html





x South Gloucestershire Council do not follow legislated procedure and do not have a written policy. They have taken 10 CN into care, 2 of which adopted, from PK, AF, SO, RU and ET.

x South Tyneside Metropolitan Borough Council are in the process of revising their written policy. They liaise with International Social Services and the Soldiers, Sailors, Airmen and Families Association but not with Embassies. They have taken 2 Children of Foreign Nationals into care from Nigeria.

x Southampton City Council does not have a written policy nor do they follow legislated procedure on notifications. Of the 60 Children of Foreign Nationals taken, 5 are adopted but no further details are offered.

x Southend On Sea Borough Council have no written policy nor do they follow legislated procedure. They follow the National Assessment Framework which only caters for the “best interests” test. They offer no details on numbers or nationalities of Children of Foreign Nationals taken.

x St. Helens Metropolitan Borough Council do not follow legislated procedure nor do they liaise with Embassies. Of the 9 Children of Foreign Nationals taken, 1 is adopted from IR, IQ, VN and HU.

x Staffordshire County Council have no written policy and they do not notify Embassies. They have taken 23 Children of Foreign Nationals into care from AF, US, CA, ER, IR and VN.

x Stockport Metropolitan Borough Council have no written policy and do not liaise with Embassies. They have offered no further information on Children of Foreign Nationals.

x Stockton On Tees Borough Council have taken two Children of Foreign Nationals into care, although they are not willing to provide information on nationalities citing privacy issues. They have no written policy in place and do not liaise with Embassies.

x Stoke On Trent City Council have no written policy in place and do not follow legislated procedure. They have no information on numbers or nationalities of Children of Foreign Nationals taken into care.

x Suffolk County Council in Re H (a child) (unreported) sent facsimile messages directly to every hospital in Spain to locate an expatriate family and have a child (the contended) born in Spain, hence a Spanish national, removed from the family and transported to the UK without first hearing an application under Hague BII/R. This attempt to transport a child (a Spanish national) to the UK with the stated intention to adopt, failed when the child was removed by the Spanish authorities for ten months while the parents were assessed, and the child was subsequently returned to their full time care. In Re H (different case, same family), the Lord Justice in the Appeal Court dismissed the assessments by the Spanish as “Third



World” while disposing of an appeal for sibling contact. See: http://www.bailii.org/ew/cases/EWCA/Civ/2010/6.html and connected Judgements. As to the question, Suffolk have no written policy nor demonstrably, do they liaise with Embassies. They have taken 134 Children of Foreign Nationals, of which 1 adopted, from AF, IR, IQ, VN, CH and LK.

x Sunderland City Council do not have any policies regarding Children of Foreign Nationals whatsoever. They have taken 15 into care although nationalities are not listed.

? Surrey County Council do not have a written policy although they do liaise with Embassies in most cases. Of the 357 Children of Foreign Nationals taken into care, 2 are adopted.

x Swindon Borough Council do not have a written policy and are ignorant of the Law concerning Children of Foreign Nationals. They offer no information on numbers or nationalities.

x Tameside Metropolitan Borough Council do not have a written policy and do not follow legislated notification procedures. They have taken 1 Children of Foreign Nationals from Serbia.

x Thurrock Borough Council have no written policy regarding Children of Foreign Nationals. They are of the belief that they do not need one. Their justification of this is that “most” Children of Foreign Nationals are UASC and the risk of contacting the Embassies in question are a detriment to their safety. They do liaise with the UKBA in these matters, and have taken 86 Children of Foreign Nationals into care from AF, IR and ER. They will not disclose how many they have taken for adoption.

x Torbay Council have no written policy regarding Children of Foreign Nationals and offer no information.

x Trafford Metropolitan Borough Council do not have a written policy although they do offer Consular access to Children of Foreign Nationals who they consider to be of age and maturity to withdraw consent. They offer no information on numbers or nationalities.

Wakefield City Council do not have a written policy and only notify Embassies if they deem it necessary. They have taken 3 Children of Foreign Nationals into care from AF and LT.

x Walsall Metropolitan Borough Council do not have a written policy and offer no information on numbers or nationalities.

x Warrington Borough Council are not only aware of the Law regarding Children of Foreign Nationals, they apply it. They do have a written policy and they also liaise with Children & Families Across Borders. They have taken 6 Children of Foreign Nationals into care from LR and CN.

http://www.bailii.org/ew/cases/EWCA/Civ/2010/6.html



x Warwickshire County Council do not have a written policy and do not follow legislate procedures. They will not divulge information concerning Children of Foreign Nationals and no reason is given.

?? West Sussex County Council have yet to respond to any query.

x Wigan Metropolitan Borough Council are of the belief that as they consider the circumstances arising to be unlikely, they have no need for a written policy.

x Wiltshire County Council do not have a written policy concerning Children of Foreign Nationals or notifications, and do not hold a searchable database concerning numbers/nationalities.

x Royal Borough of Windsor and Maidenhead do not have a policy and can offer no information on Children of Foreign Nationals.

x Wirral Metropolitan Borough Council have a written policy but this does not include notifying Embassies as a matter of course. They have taken 7 Children of Foreign Nationals into care from SY, SO, CH, IQ and IR.

x Wokingham District Council do not have a written policy, however they do consult with Embassies as a matter of course during adoption proceedings only. They have not offered details on numbers or nationalities. ?? Wolverhampton City Council have yet to respond to enquiries.

x Telford and Wrekin Council follow DfE guidelines only in cases involving Children of Foreign Nationals, having no written policy and offer no details on numbers or nationalities.

x City of York Council do not have a written policy nor do they notify Embassies. They do consult with the Home Office and the Immigration Service and have taken 2 Children of Foreign Nationals into care from AF and IQ.

x Council of the Isles of Scilly do not have a written policy but claim they do follow legislated procedure. They do not offer any information on Children of Foreign Nationals taken into care or adopted or their origins.

WALES x Blaenau Gwent Council have taken one Child of a Foreign National but are unwilling to divulge nationality. They do not have a written policy on notification.

x Bridgend Council do not have a written policy and they do not inform Embassies. They have taken 9 Children of Foreign Nationals into care from AF, IR, IQ, RO, ZA and US.



?? Caerphilly Council have refused all enquiries. x Cardiff Council have taken 367 Children of Foreign Nationals from AF, BD, BI, CN, CG, CZ, EG, ER, FR, DE, GH, GY, IN, IR, IQ, IE, JM, KE, MT, NG, PK, RO, RU, SL, SO, SD, UG, VN, YE, ZW, Kurdistan and Slovakia. None of these have had Consular access and no Embassies were notified.

x Carmarthenshire Council claim that the 4 Children of Foreign Nationals they took into care from AF and BD, were all unaccompanied asylum seekers. Hence, no Embassies were informed.

x Ceredigan Council claim the two Children of Foreign Nationals they took into care (origins not specified) were unaccompanied asylum seekers. They have no written policy.

+ Conwy County Borough Council have a written policy in which is included mandatory notification of Embassies. They have taken 4 Children of Foreign Nationals into care from AF and IQ.

x Denbeighshire Council have taken one child from PH for adoption, however at the time the information was supplied the process was incomplete. They do not have a written policy, and refer the Inquiry to the All Wales Child Protection Procedures.

+ Flintshire Council have no policy on Children of Foreign Nationals, however the one child they have taken into care from PL was notified to the High Commission.

x Gwynedd Council have taken two Children of Foreign Nationals into care from AF. They have not notified the Embassy, and have no written policy in this regard.

x Isle of Anglesey Council do not have a written policy, and have taken 10 Children of Foreign Nationals into care from VN, AF, IE and ZW with no Embassy notifications having taken place.

x Merthyr Tydfil Council claim to have taken no Children of Foreign Nationals into care or for adoption, and they have no written policy.

x Monmouthshire Council do not have either statistics or written policy.

x Neath Port Talbot Council have taken 11 Children of Foreign Nationals from AF, IQ and IK without having notified any Embassies. They have no written policy except to apply proprietary “best interests” tests as to whether it is to the child's advantage to actually obey International Law.

? Newport City Council have taken 28 Children of Foreign Nationals from AF, CZ, ER, IR, IQ, LT, PL, SK, VN and the Palestinian Territories. While they do not have a written policy, their standard operating procedure is to seek advice from the welfare sections of the relevant Embassies.



x Pembrokeshire Council do not have a written policy and offer no statistics. They default to the Welsh Assembly (who not only do not have the qualification or authority to advise on individual cases but they also do not have the authority to make blanket policy regarding Children of Foreign Nationals; this function is carried out by the UK Government in Westminster.

x Powys Council have clear procedures on overseas adoption (children being from the UK but adopted overseas) but nothing on Children of Foreign Nationals, beyond treating them as unaccompanied asylum seekers. They have taken 1 child into care and 1 for adoption from IR and RU.

x Rhondda Cynon Taff Council have no policies or procedures in place regarding Children of Foreign Nationals, however they do keep statistics: 4 into care from VN, IQ and NG, of which none were notified to the relevant Embassies.

x Swansea Council do not, as a rule, notify Embassies. They do not have a written policy and have taken 15 Children of Foreign Nationals (of which 2 adopted) from AF, KH, CH, ET, IR, IQ, PK and VN.

x Torfaen Council have taken one Child of a Foreign National but without a written policy and without notification to the Embassy concerned.

? Vale of Glamorgan Council has no specific policy regarding Children of Foreign Nationals and claim to have never encountered such a case.

x Wrexham County Borough Council have taken 8 Children of Foreign Nationals but neglect to mention their origins. They have no written policy and do not notify Embassies.

List of UK Local Authorities that listed US child citizens in their care since 2011. USA: Barking and Dagenham (London) Barnet London Borough (London) Bridgend Council Camden London Borough (London) North Tyneside Lambeth London Borough (London) Middlesborough Council Staffordshire Council Kensington & Chelsea London Borough (London)



ADDITIONAL FOI RE TOTAL IN CARE 17 May 2012 Dear Department for Education, I would to know of the exact number of children entering the "care system" since the Peter Connelly case in 2006 . Every calendar year and it's total . Yours faithfully, Melizza Moore

****************************************************************** Department for Education 29 May 2012 Dear Ms Moore, Thank you for your email dated 17 May 2012 regarding statistics on children looked after in England. You have requested information on children entering the care system since 2006. I have dealt with your request under the Freedom of Information Act 2000. The number of children who started to be looked after in England during the years ending 31 March 2007 to 2011 is given in the table below: Year Number ^1,2,3 2007 23,960 2008 23,250 2009 25,700 2010 28,090 2011 27,310 Source: SSDA903 1. Figures are rounded to the nearest 10. 2. Only the first occasion on which a child started to be looked after in the year has been counted. 3. Figures exclude children looked after under an agreed series of short term placements.

http://www.whatdotheyknow.com/request/children_in_care_8




This information is published as part of the Statistical First Release, ‘Children Looked After by Local Authorities in England (including adoption and care leavers) - year ending 31 March 2011’. The Statistical First Release can be found at: [1]http://www.education.gov.uk/rsgateway/DB... and the relevant data are contained in tables LAC1 and C1 which can be accessed via the Excel link “Local Authority summary tables” and “England summary tables” respectively on the release’s web page. If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications. If you are unhappy with the way your request has been handled, you should make a complaint to the Department by writing to me within two calendar months of the date of this letter. Your complaint will be considered by an independent review panel, who were not involved in the original consideration of your request. If you are not content with the outcome of your complaint to the Department, you may then contact the Information Commissioner’s Office. Yours sincerely, Louise Feebrey Data and Statistics Division [email address] [2]www.education.gov.uk Your correspondence has been allocated the reference number 2012/0028591.

****************************************************************** Helen Chandler left an annotation (29 May 2012)

Hi can you please tell me is this purely a total of UK nationals or do these figures also include non UK nationals that have come from other countries Many thanks Helen Chandler

http://www.education.gov.uk/rsgateway/DB/SFR/s001026/index.shtml



http://www.whatdotheyknow.com/help/officers#mobiles

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ADVOCACY FUND FOI COMPLETION TABLE

TYPE OF FOI

Embassy and High Commissions Children Children Authority full Name and Type

Into Care Adopted Countries

Barnsley Metropolitan Borough Council M

Bath and North East Somerset Council U

Central Bedfordshire Council Birmingham City Council M

Blackburn with Darwen Borough Council U

Blackpool Borough Council U Bolton Metropolitan Borough Council MDC M CD, ZW, IR, AF, NG, PK, SL, BD

Bournemouth Borough Council U Bracknell Forest Borough Council U 4 0 ZM, ZW

Bradford City Council M 91

AF, BD, BA, CM, CN, CZ, ET, FR, IR, IQ, IE, JM, LR, MW, NG, KP, PK, PL, SI, VN, ZW

Brighton & Hove City Council U Bristol City Council U

Buckinghamshire County Council CC

Bury Metropolitan Borough Council M Calderdale Metropolitan Borough Council M

Cambridgeshire County Council CC 127 4

AF, DZ, CN, ER, IR, IQ, MX, MA, NG, PK, PL, RW, SD, VN, CI, Palestine

Cheshire East Council CC x x xxxxxx

Cheshire West and Chester Council CC 5 RU

Cornwall County Council CC Coventry City Council M Cumbria County Council CC 3 Africa Asia



Darlington Borough Council U 3 AF, IQ

Derby City Council U Derbyshire County Council CC Devon County Council CC Doncaster Metropolitan Borough Council M 20 2 AF, CG, GH, IQ, IR, NG, PK, PL,

TR Dorset County Council CC 13 AF, BD, IQ

Dudley Metropolitan Borough Council M 9 AF, AL, CN, IN, IR, PK, Africa

Durham County Council CC East Riding of Yorkshire Council U

East Staffordshire Borough Council DC n/a n/a n/a

East Sussex County Council CC 9 2 CG, PL, GH

Essex County Council CC 9 CN, RU, GT, MU

Gateshead Metropolitan Borough Council M 1 Gloucestershire County Council CC Halton Borough Council U 4 1 AF, IR

Hampshire County Council CC 118 3

AF, BD, BR, CN, ET, PH, IN,IR, IE, JM, JP, PK, PG, PL, PT, ZA, LK, TR, VN, ZW

Hartlepool Council U Herefordshire Council U Worcestershire County Council CC 100 AF, IR, VN, BA

Hertfordshire County Council CC Isle of Wight CC

Kent County Council CC 55

AF, AL, BA, CZ, DE, IR, IT, LV, MA, PT, RO, SI, ZA, ES, VN, ZW, Dutch

Kingston Upon Hull City Council (Hull City Council) U 2 TN, NG

Kirklees Borough Council M 5 UG, PK, ZW

Knowsley Metropolitan Borough Council M Lancashire County Council CC



Leeds City Council M 258 1

AF, BD, CM, CH, CG, ER, FR, GH, GN, IR, IL, IQ, CI, KE, MW, NG, PK, RU, SB, SY, TR, VN, ZM, ZW, Dagestani, Unspecified

Leicester City Council U 37 9

AF, IQ, IR, CG, ER, IT, AL, VN, SO, ZW, ZA, BR, NG, NO, NL, LR, Ivory Coast, Palistine, Caribbean

Leicestershire County Council CC N/A N/A N/A

Lincolnshire County Council CC 63 4

AF, DK, EC, ER, ET, IR, IE, LV, LT, PK, PL, RU, PT, SD, VN, Palestine

Liverpool City Council M 183 Luton Borough Council U exceed Manchester City Council M 295

Africa, Asia, Europe, Middle East, Oceania, Not Known

Middlesbrough Borough Council U 25 0 CN, US, NL, PL, RO

Milton Keynes U 49 0 AF, ER, IR, IQ, NG, VN, African

West Berkshire Council U 49 0 AF, AL, ER, IR, IQ, SU

Newcastle-under-Lyme Borough Council DC n/a n/a n/a

Newcastle-upon-Tyne City Council M xxxxx xxxxx xxxxxx

Norfolk County Council CC 61 AF, HU, CH, PT, Others North East Lincolnshire Council U 6 AF, BR, ZA

North Lincolnshire Council U North Somerset Council U 10 7 RU, AF, IQ, TH, GT, Eastern

Europe North Tyneside Metropolitan Borough Council M 55 0 AF, BD. CN, CZ, IR, IQ, PL, UG,

ZA, US, African North Yorkshire County Council CC 1 Northamptonshire County Council CC 1000 Northumberland County Council CC 3 0 AF, IR

Nottingham City Council U Nottinghamshire County Council CC Oldham Metropolitan Borough Council M

Will not say

Oxfordshire County Council CC 217

AF, AL, DZ, BW, CH, CG, EG, ER, ET, GH, IR, IQ, KE, JM, MK, NG, RO, UG, SO, ZA, SY, VN, ZW, Kosovar, Not recorded, Other



Peterborough City Council U x x x

Plymouth City Council U 0 Poole Borough Council U 0 3 ET, TH, TW

Portsmouth City Council U 71 3

MA, NG, CG, AF, BD, GM, AO, IQ, IR, VN, ER, SD, AL, UA, RO, PH, ET, Serbia

Reading Borough Council U 0 Redcar and Cleveland Borough Council U 0 0 Rochdale Metropolitan Borough Council M Medway Council U Rotherham Metropolitan Borough Council M 30

AF, SK, DZ, NG, IR, LT, KE, RO, SO, ZW, MW, IQ, SD, VN, KP, MA, PK, CG

Rutland County Council District Council U 9 0 AF, ER

Ryedale District Council DC Salford City Council M 12 3 CN, CK, LR, PL, IE, ER, RU, GM

Sandwell Metropolitan Borough Council M 43

AF, CH, CG, IR, IQ, JM, SD, Kosova,

Sefton Metropolitan Borough Council M 0 0 Sheffield City Council M 38 Shropshire County Council CC 17 AF, IR, CH, IRISH/BRITISH

Slough Borough Council U Solihull Metropolitan Borough Council M Somerset County Council CC South Gloucestershire Council U 8 2 PK, AF, SO, RU,ET

South Tyneside Metropolitan Borough Council M 2 Nigerian

Southampton City Council U 55 5 Southend-on-Sea Borough Council U St Helens Metropolitan Borough Council M 8 1 IR, IQ, VN, HU

Staffordshire County Council CC 23 0 AF, US, CA, ER, IR, VN Staffordshire Moorlands District Council DC n/a n/a n/a

Stockport Metropolitan Borough Council M Stockton-on-Tees Borough Council U 2 0 Stoke-on-Trent City Council U



Suffolk County Council CC 133 1 AF, IR, IQ, VN, CH, LK Sunderland City Council M 15 Surrey County Council CC 355 2 Swindon Borough Council U Tameside Metropolitan Borough Council M 1 Serbia

Thurrock Borough Council U 86 x AF,IR,ER

Torbay Council U Trafford Metropolitan Borough Council M Wakefield City Council M 3 AF, LT Walsall Metropolitan Borough Council M Warrington Borough Council U 6 LR, CN Warwickshire County Council CC West Sussex County Council CC Wigan Metropolitan Borough Council M Wiltshire County Council CC N/A N/A N/A Royal Borough of Windsor and Maidenhead U Wirral Metropolitan Borough Council M 7 SY, SO, CH, IQ, IR Wokingham District Council U Wolverhampton City Council M Telford and Wrekin Council U City of York Council U 2 AF, IQ Council of the Isles of Scilly U LONDON BOROUGHS OF

Barking and Dagenham Borough Council LB 169 3

NG, AF, AL,IR, ER, GH, SO, CG, KE, DZ, RO, US, BD, BI, CM, CN, DM, NL, ET, IQ, LT, PK, PL, PT, SL, LC, UG, ZW

Barnet Borough Council LB 231 8

AF, AL, DZ, AO, AZ, BD, CF, CN, CG, ER, GN, IR, IQ, IE, JM, KE, KW, KR, LV, MW, NZ, NG, PH, PL, PT, RO, RU, SA, SL, SK, SO, ES, LK, SD, SE, TT, TR, UG, US, VN, ZM, ZW, Kosovo, Palestinian, Yogoslavia

Bexley Borough Council LB Brent Borough Council LB Bromley Borough Council LB 51

ER, IR, SL, CN, SO, IQ, AF, AL, PK, MN, SD, VN, CI

Camden Borough Council LB 229 2

AF, AL, DZ, AU, BD, CA, CG, ER, ET, GH, GN, IR, IQ, IE, IT, JM, LV, LT, MA, NG, PK, PL, PT, RO, RU, SL, SO, UG, US, Kosova

Croydon Borough Council LB 1118 AF, AL, DZ, AO, BD, BI, TD, CN, CG, CI, EG, ER, ET, GM,



GE, GH, GN, IN, IR, IQ, KE, KW, LY, MY, ML, MR, MN, MA, NE, KP, PK, RU, SL, SO, LK, SD, TR, UG, UA, VN, CI, Africa, Asia, Europe, Palestine, Syria

Ealing Borough Council LB Enfield Borough Council LB 37

AF, AL, CN, CG, ET, IR, IQ, MW, RO, RU, SO , TR, VN

Greenwich Borough Council LB Hackney Borough Council LB Hammersmith and Fulham Borough Council LB Haringey Borough Council LB Harrow Borough Council LB Havering Borough Council LB 17 1 AF, AL, DZ, BR, GN, IR, KW, LB,

PT, Kosava

Hillingdon Borough Council LB

AF, ER, ET, IR, IQ, CN, VN, NG, SL, PK, IN, LR, GN, SN, GH, DZ, UG, ZA, RW, ZW, SO, LK, KW, BD, KE, SD, CM, TR, TD, TZ, AL, PT, DRC, Palestine, South Korea

Hounslow Borough Council LB 151 10 IE, PT, LT, SO, ER, ZA, LK

Islington Borough Council LB Royal Borough of Kensington and Chelsea LB 99 29 CN, RU, US, ET, GH, LB, MA,

PH, IN, TH, BZ Kingston Upon Thames Borough Council LB

London Borough of Lambeth LB 249 4

AF, US, DZ, AO, BD, BR, CM, CA, CH, CG, NL, EC, ER, FR, GH, GD, GW, IN, LB, MC, NG, IR, IQ, IE, IT, CI, SL, SO, ZA, ES, SD, JM, KE, PK, PL, PT, RO, TZ, UG, VT, ZM, ZW, Zhiran

Lewisham Borough Council LB

City of London Corporation LB

Infomation Not

Held

Merton Borough Council LB Newham Borough Council LB Redbridge Borough Council LB N/A N/A N/A Richmond Upon Thames Borough Council LB 0 0 0

Southwark Borough Council LB Sutton Borough Council LB 0 Tower Hamlets Borough Council LB Waltham Forest Borough Council LB N/A N/A N/A Wandsworth Borough Council LB Westminster City Council LB WALES



Blaenau Gwent Council W 1 to be ascertianed Bridgend Council W 9 AF, IR, IQ, RO, ZA, US Caerphilly Council W

Cardiff Council W 367

AF, BD, BI, CN, CG, CZ, EG, ER, FR, DE, GH, GY, IN, IR, IQ, IE, JM, KE, MT, NG, PK, RO, RU, SL, SO, SD, UG, VN, YE, ZW, Kurdish, Slovakian

Carmarthenshire Council W 4 AF, BD

Ceredigion Council W 2 Conwy County Borough Council W 4 AF, IQ Denbighshire Council W 1 PH Flintshire Council W 1 PL

Gwynedd Council W 2 AF Isle of Anglesey Council W 10 VN, AF, IE, ZW Merthyr Tydfil Council W 0 0 0 Monmouthshire Council W Neath Port Talbot Council W 11 AF, IQ, LK

Newport City Council W 28 AF, CZ, ER, IR, IQ, LT, PL, SK, VN, Palistine

Pembrokeshire Council W Powys Council W 1 1 IR, RU Rhondda Cynon Taff Council W 4 VN, IQ, NG Swansea Council W 13 2 AF, KH, CH, ET, IR, IQ, PK, VN

Torfaen Council W 1 Vale of Glamorgan Council W Wrexham County Borough Council W 8 Do not Say

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