Commentary on provisions of the Act Section 16: Accommodation and other support for unaccompanied migrant children
This section makes provision for the accommodation and support of unaccompanied migrant children who meet the four conditions set out in section 2 of the Act These powers do not apply to unaccompanied migrant children outside the scope of the duty to make arrangements for removal.
	Subsections (1) to (3) confer a power on the Secretary of State to provide, or arrange to provide, accommodation and other support to unaccompanied migrant children in England.
	Subsections (1) to (3) are applied retrospectively as having had effect at all times on or after 7 March 2023 (that is, the date the Illegal Migration Bill was first introduced) as set out in subsection 4.
	Subsection 5 sets out a definition of an unaccompanied child for the purposes of section 16 and 17. For the purposes of section 16 and 17, a person ("C") is an unaccompanied child if- (a) C meets the four conditions in section 2, reading subsection (3) of that section as if it referred to a person entering or arriving in the United Kingdom as mentioned in subsection (2) of that section on or after 7 March 2023, (b) C is under the age of 18, and (c) at the time of C’s entry or arrival in the United Kingdom by virtue of which C meets the condition in section 2(3), no individual (whether or not a parent of C) who was aged 18 or over had care of C.
	The section does not require the Secretary of State to provide this accommodation but rather provides the power to do so if such provision was considered appropriate. The section also enables the Secretary of State to ask a third party to provide this accommodation to unaccompanied children. An unaccompanied child who meets the four conditions in section 2 of the Act may be accommodated by a local authority without first being accommodated by the Home Office under this power. Whilst there is no time limit on how long an unaccompanied child spends in this accommodation where it was provided, the intention is that accommodation and support will be provided on a temporary basis pending a child’s transfer to a local authority.
	The government expects local authorities to meet their statutory obligations to unaccompanied children from the date of arrival and for the Home Office to only step in sparingly and temporarily. The Home Office does not have, and therefore cannot discharge, duties under Part 3 of the Children Act 1989. It is for the local authority where an unaccompanied child is located to consider its duties under the Children Act 1989. The Act does not change this position. Accommodation of unaccompanied children by the Home Office does not change the obligations of any local authority in respect of assessment and the provision of services and support, including, where appropriate, suitable accommodation.