Commentary on provisions of the Act Section 14: Disapplication of duty to consult Independent Family Returns Panel
Section 54A of the Borders, Citizenship and Immigration Act 2009 ("the 2009 Act") makes provision for the Independent Family Returns Panel ("IFRP"). The IFRP provides advice on the safeguarding and welfare plans for the removal of families with children who have no legal right to remain in the UK, and have failed to depart voluntarily. The IFRP makes recommendations to the Home Office, ensuring the welfare needs of children and families are met when families are returned to their home country (or, in asylum cases, the third country where the asylum claim legally must be heard). Section 54A(2) of the 2009 Act requires the Secretary of State to consult the IFRP in every family returns case, on how best to safeguard and promote the welfare of the children of the family (subsection (2)(a)), and in each case where detention in pre-departure accommodation is proposed on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family (subsection (2)(b)).
	This section inserts new subsections (3A) and (3B) into section 54A of the 2009 Act which disapply the duty on the Secretary of State to consult the IFRP under section 54A(2)(a) and (b) in cases where the proposed removal and detention of families with children is under the powers conferred by section 2 or 4, new paragraph 16(2C) of Schedule 2 to the 1971 Act, or section 62(2A) of the 2002 Act (see section 11 above).