Commentary on Sections Part 1: Removal and other powers Section 3: Independent Family Returns Panel
45.This section inserts a new section 54A into the Borders, Citizenship and Immigration Act 2009. Subsection (1) establishes the Independent Family Returns Panel as a statutory body. It currently exists as a non-statutory body.
46.Subsection (2) requires the Secretary of State to consult the Independent Family Returns Panel in every family returns case, on how best to safeguard and promote the welfare of the children of the family, and in each case where detention in pre-departure accommodation is proposed. Subsection (3) defines a “family returns case” as one where a child who is living in the UK is to be removed or required to leave and an individual who is the parent or carer of the child and is living in a household with the child is also being removed from or required to leave the UK.
47.Subsections (4), (5) and (6) provide for the Secretary of State to make provision by regulations about various matters connected with the Independent Family Returns Panel by statutory instrument. Subsection (7) defines “child,” “pre-departure accommodation” and “being removed from or required to leave” used in this section.