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| Version 2 | Version 3 |
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| Legal challenge to cap on Dubs child refugee scheme fails | Legal challenge to cap on Dubs child refugee scheme fails |
| (2 months later) | |
| Help Refugees hopes to appeal after high court dismisses judicial review application over number allowed to enter UK | |
| Amelia Gentleman | |
| Thu 2 Nov 2017 11.09 GMT | |
| First published on Thu 2 Nov 2017 10.35 GMT | |
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| Refugee campaigners have said they will appeal after losing a high court challenge against the government over the number of unaccompanied child refugees given sanctuary in the UK. | Refugee campaigners have said they will appeal after losing a high court challenge against the government over the number of unaccompanied child refugees given sanctuary in the UK. |
| The Help Refugees charity brought a case against the government claiming that the process by which ministers agreed to give homes to just 480 lone child refugees was “fundamentally flawed”. | The Help Refugees charity brought a case against the government claiming that the process by which ministers agreed to give homes to just 480 lone child refugees was “fundamentally flawed”. |
| So far only 200 lone asylum-seeking children have been housed in the UK under the Dubs scheme, which campaigners had hoped would bring 3,000 minors to the UK, a figure calculated to be the UK’s fair share of those who had fled conflict and were seeking sanctuary in Europe. A further 280 allocated places remain unfilled. | So far only 200 lone asylum-seeking children have been housed in the UK under the Dubs scheme, which campaigners had hoped would bring 3,000 minors to the UK, a figure calculated to be the UK’s fair share of those who had fled conflict and were seeking sanctuary in Europe. A further 280 allocated places remain unfilled. |
| The case centred on whether or not there had been adequate consultation with local authorities about the number of children they felt they could accommodate, and on whether the Home Office had failed to move with the “necessary speed” to relocate children to the UK. | The case centred on whether or not there had been adequate consultation with local authorities about the number of children they felt they could accommodate, and on whether the Home Office had failed to move with the “necessary speed” to relocate children to the UK. |
| Two judges dismissed an application for a judicial review in a ruling handed down on Thursday. “There is nothing in this which can show that the consultation process or the consideration of the results was unlawful,” they said. | Two judges dismissed an application for a judicial review in a ruling handed down on Thursday. “There is nothing in this which can show that the consultation process or the consideration of the results was unlawful,” they said. |
| Alf Dubs, the Labour and peer who forced the government to create the scheme last year, said he was very disappointed by the decision. | Alf Dubs, the Labour and peer who forced the government to create the scheme last year, said he was very disappointed by the decision. |
| Lord Dubs, who as a child arrived in Britain on one of the Kindertransport trains, said: “I am puzzled by the decision. I have spoken to heads of many local authorities who are ready to give more places for child refugees.” | Lord Dubs, who as a child arrived in Britain on one of the Kindertransport trains, said: “I am puzzled by the decision. I have spoken to heads of many local authorities who are ready to give more places for child refugees.” |
| There are about 200 child refugees in Calais, many of whom may be eligible for transfer to the UK. Since the demolition last year of the camp that was home to 10,000 migrants, local police have been removing tents and any semi-permanent shelters, forcing refugees in the area to live in bushes and woodland on the outskirts of the port, with no shelter, water, sanitation or regular access to food. | There are about 200 child refugees in Calais, many of whom may be eligible for transfer to the UK. Since the demolition last year of the camp that was home to 10,000 migrants, local police have been removing tents and any semi-permanent shelters, forcing refugees in the area to live in bushes and woodland on the outskirts of the port, with no shelter, water, sanitation or regular access to food. |
| “The longer they wait the more depressing it gets for them, and the more likely they are to take matters into their own hands, and try to get on to lorries,” Dubs said. | “The longer they wait the more depressing it gets for them, and the more likely they are to take matters into their own hands, and try to get on to lorries,” Dubs said. |
| At least four children were killed last year on the roads around Calais as they tried to make their way illegally into the UK. | At least four children were killed last year on the roads around Calais as they tried to make their way illegally into the UK. |
| Josie Naughton, founder and chief executive of Help Refugees, said: “We are bitterly disappointed by this result but also very proud of what our litigation has already achieved. | Josie Naughton, founder and chief executive of Help Refugees, said: “We are bitterly disappointed by this result but also very proud of what our litigation has already achieved. |
| “At the time our litigation was issued, not a single child had been transferred to the UK under the Dubs amendment. Transfers began under the pressure of this litigation and under the pressure from campaigners and parliamentarians. | “At the time our litigation was issued, not a single child had been transferred to the UK under the Dubs amendment. Transfers began under the pressure of this litigation and under the pressure from campaigners and parliamentarians. |
| “We’ve unearthed 130 extra places, which the government eventually admitted it had overlooked. These places for children are needed now more than ever. There are young unaccompanied children sleeping rough in Europe completely unprepared for the coming winter. We intend to appeal.” | “We’ve unearthed 130 extra places, which the government eventually admitted it had overlooked. These places for children are needed now more than ever. There are young unaccompanied children sleeping rough in Europe completely unprepared for the coming winter. We intend to appeal.” |
| A Home Office spokesperson said: “This judgment has confirmed that the consultation conducted last year on the Dubs amendment and its implementation was lawful. We remain committed to transferring 480 children from Europe to the UK under section 67 of the Immigration Act. | A Home Office spokesperson said: “This judgment has confirmed that the consultation conducted last year on the Dubs amendment and its implementation was lawful. We remain committed to transferring 480 children from Europe to the UK under section 67 of the Immigration Act. |
| “We have accepted further referrals this year and transfers are ongoing. We will continue to work closely with EU partners and local authorities to transfer eligible children here quickly and safely.” | “We have accepted further referrals this year and transfers are ongoing. We will continue to work closely with EU partners and local authorities to transfer eligible children here quickly and safely.” |
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