The Supreme Court considered this issue in Zoumbas v Secretary of State for the Home Department 2013,  handing down judgment this week. 

 although it chiefly deals with a judicial review of the Home Office decision that the children could be deported along with their parents to the Republic of Congo, it has some relevance for those advising Local Authorities or parents in care proceedings.


It has become less uncommon to be dealing in care proceedings with parents who are apprehensive at the words “Home Office” and often what one is trying to predict is whether the child would be able to remain in the UK once the Home Office have processed the case.  

As relatively few family lawyers are also specialists in immigration law (there’s a limit to how many grey hairs any one human can have at one time), that second-guessing process of the…

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