Written question asked by Neil Gerrard (Labour) on Tuesday, 29 April 2003, in the House of Commons. It was due for an answer on Thursday, 8 May 2003. It was answered by Baroness Hughes of Stretford (Labour) on Thursday, 8 May 2003 on behalf of the Home Office.

Home Office

Question: To ask the Secretary of State for the Home Department, under what powers he detains children who are seeking asylum. - Inc ref to Immigration Act 1971.

Answer: Mr. Gerrard: To ask the Secretary of State for the Home Department under what powers he detains children who are seeking asylum. [111264] Beverley Hughes: Families with children who are seeking asylum may be detained under the detention powers contained in paragraph 16 of Schedule 2 to the Immigration Act 1971. Detention in such cases would normally be used in the following circumstances: initially, while identity and basis of claim are being established; where there is a risk of failure to comply with the terms of temporary admission or release; or to effect removal from the United Kingdom. In addition, detention may be appropriate if it appears that the asylum claim is straightforward and capable of being decided quickly using fast-track procedures. Unaccompanied asylum seeking children are only ever detained in the most exceptional circumstances and then normally only overnight, with appropriate care, while alternative arrangements for their care and safety are made.

Secondary information