Going after Article 8: The Consequences of the White Paper on Displaced and Unaccompanied Children

In May, the Government published a white paper titled ‘Restoring control over the immigration systemwhich set out the intention to reduce net migration with the aim of decreasing dependency on public services and increasing investment into domestic skills and training. The Government plans to achieve this through a number of reforms which will substantially increase the thresholds a person must meet to emigrate to the UK. Amongst these proposals are increasing the minimum education levels of skilled workers, increasing English language requirements, and hastening the deportation of immigrants who have committed crimes. 

Although a few parts of the White Paper appear to be promising for displaced children, such as ensuring children in care with unsettled immigration status are offered regularised status by the age of 18, there are proposals which will have a significant negative impact on unaccompanied young refugees and migrants. The main concern is the increased barriers to family reunification, shown through the intention to restrict the application of Article 8 of the Human Rights Act.

Article 8 of the Human Rights Act 1998 contains the right to respect for private and family life and for many refugees it offers the only possible route for reuniting with their family. This is because other immigration routes set out a high criteria to be met or have strict definitions on who qualifies as a family member. Instead, under Article 8, applicants may argue that they have exceptional circumstances, meaning that the Home Office’s refusal would lead to unjustifiably harsh consequences for the family member staying in the UK, and thus be a breach of their rights.

Since Article 8 is a qualified right, the courts must balance the public interest against the individual’s rights, in order to determine whether exceptional circumstances do exist in the applicant’s case, and subsequently whether a breach has occurred. The Nationality, Immigration and Asylum Act 2002 states that public interest includes maintaining effective immigration controls and preventing a burden on the taxpayer.

In the White Paper, the Government announced that ‘an overly high proportion of family-related immigration cases are now decided on the basis that they are “exceptional” to the normal rules’. They plan to combat this through limiting the discretion courts have when balancing the right to family life and the public’s interest against granting leave to enter or to remain. Instead, under the new proposals, the courts are to give greater consideration to the public interest element and the legislative criteria laid out by Parliament.

Through these reforms, the Government aims to tighten immigration controls, framing family migration and reunion as key drivers of rising net migration and as loopholes that allow individuals to ‘get round the rules’. However, placing further restrictions on the right to family and private life could block many lone children from reuniting with their families. This would deny children the emotional stability and practical support that family provides, and seriously affect their mental health, well-being, and development, particularly after experiencing trauma in their home countries and during their journeys to the UK. Isolated and burdened with the responsibility of caring for themselves, many live in fear for their loved ones’ safety, with little opportunity to feel secure or begin to heal.

Without the presence of a trusted adult to provide consistent care, cultural continuity, and advocacy, integration becomes significantly more difficult. Family members often play a critical role in helping children access education, navigate unfamiliar systems, learn the language, and develop a sense of belonging. In their absence, children are more likely to experience social exclusion, educational disruption, and long-term instability. These barriers not only undermine children’s individual potential but also contradict the Government’s stated commitment to promoting integration and safeguarding vulnerable young people.  

Overall, the White Paper poses a substantial threat to displaced and unaccompanied children. Its proposals will effectively result in further isolation from their family whilst increasing the difficulty of integrating into the community around them. Consequently, children are likely to remain in limbo for longer, causing further unnecessary suffering and trauma.