2.5 Asylum Seeking Children

This protocol provides guidance to operational staff in effectively dealing with Unaccompanied Asylum Seeking Children (UASC) and provides further guidance relating to determination of age.

There is also guidance and procedures to be followed in the case of Accompanied Minors.

Issue Date: October 2010

Review Date: October 2011

Legal Framework and Procedure
Accompanied Asylum Seeking Children
Applications for Asylum by Unaccompanied Children
Referral of Unaccompanied Children to Children's Services
Age Assessments by the Local Authority
Assessment by the Local Authority
Other services for Unaccompanied Asylum Seeking Children
Entitlement to Support at Age 18
Services for former UASC
Legality of stay in the UK
Missing children
Child Trafficking and Exploitation
The Hillingdon Decision and its Repercussions
Timescales

1. Legal Framework and Procedure

1.1	Asylum Procedures are complex and are particularly complicated by the regularity of changes to the legislation. There have been three major pieces of legislation affecting asylum and immigration and support for asylum seekers since 1999, the most recent being the Asylum and Immigration (Treatment of Claimants etc) Act 2004.
1.2	Children who are seeking asylum may be referred to the Local Authority for advice and assistance. It is for the Local Authority to determine whether a young person is eligible for services as a child under the Children Act 1989. The Local Authority must be satisfied that the young person is a child. This may be through the presentation of acceptable documentation confirming their age, or by means of an age assessment. It may be that a young person presents to the Local Authority having had their age disputed by the Home Office. In such circumstances it will always be necessary to conduct an Age Assessment of the young person. In other instances the young person may have been accepted as a child by the Home Office. However, it is for the Local Authority to conduct its own Age Assessment to determine the young person's eligibility for services.
1.3	If the young person is assessed as a child, their needs are assessed in the same way as all children under section 17 of the Children Act 1989. An Initial Assessment will determine whether immediate assistance, including the provision of emergency accommodation, is necessary to avoid destitution. This will be carried out by the Unaccompanied Minors Team. It will also involve initial enquiries to identify any relative, family friend or suitable adult willing to accept responsibility for caring for the child or young person. Agreement to provide accommodation for a longer term must be preceded by a Core Assessment, as with all other children. The usual procedures for Looking After Children are to be followed,
1.4	Where Child Protection concerns are identified and it is agreed that a Section 47 Enquiry should be undertaken, this work will be completed by a Referral and Assessment team. Where a subsequent decision is made to place a child's name on the List of Children subject of a Child Protection Plan, the case should remain with the Referral and Assessment team. (Fieldwork teams will hold responsibility for Child Protection matters, not the Unaccompanied Minors Team.)
1.5	Once a young person reaches 18, the Local Authority may still provide services in accordance with Sections 23 and 24 of the Children Act 1989 (as amended by the Children (Leaving Care) Act 2000) in relation to services for people who have are leaving care.

2. Accompanied Asylum Seeking Children

2.1	This procedure deals primarily with unaccompanied asylum seeking children, however it is important to note that children could present to the Unaccompanied Minors Team accompanied by an adult possibly claiming to be their parents or other relative or saying they don't know the child and/or stating that they have the parent's permission to bring the child to the UK. There are many legitimate reasons for bringing a child to the UK such as education, re-unification with family or fleeing a war torn country.
2.2	In circumstances where a child is accompanied by an adult and they either present themselves or are referred by another agency, an initial assessment must be carried out. The assessment should address all possibilities with regard to the child's situation and relationship to the adult accompanying them.
2.3	Age assessments may need to be carried out and the procedures detailed in this document should be followed. All documentation should be examined and a Home Office check should be completed to clarify status of the children and adult caring for them. Private Fostering or Child Protection Procedures should be followed where necessary and if there are concerns about trafficking or exploitation the London Procedures for Safeguarding Trafficked and Exploited Children should be referred to.

3. Applications for Asylum by Unaccompanied Children

3.1	An asylum seeker is someone who flees their home country, often because major conflicts have taken place, or because serious human rights abuses have occurred. The UK Border Agency at the Home Office is responsible for dealing with asylum applications. A young person may travel to the UK alone in order to seek asylum.
3.2	An unaccompanied asylum seeking child is a person who, at the time of making an asylum application:
	3.2.1	Is, or (if there is no proof) appears to be, under eighteen
	3.2.2	Is applying for asylum in his or her own right
	3.2.3	And has no adult relative or guardian to turn to in this country.
3.3	Applications for asylum are dealt with by the UK Border Agency at the Home Office. Full information about the processes involved in an application, how the claim is progressed and the possible outcomes of an application for asylum are outlined in Appendix D - Making an application for asylum.

4. Referral of Unaccompanied Children to Children's Services

4.1	Referral by the U K Border Agency Lunar House,Croydon, where they have specific concerns
	4.1.1	If, the immigration service is concerned a young person who is permitted to land is under the age of 18 and there is a suspicion that: the child may be at risk of significant harm from those who are designated to care for him/her no arrangements appear to have been made for the child and s/he is technically abandoned; then a referral will be made to the Unaccompanied Minors Team, together with the immigration service's preliminary assessment and evidence for concern.
	4.1.2	The Unaccompanied Minors Team has a duty to carry out a screening assessment of the information provided to decide whether or not the eligibility criteria for an initial assessment or child protection enquiry is met. They will need to explore the following areas with the Immigration / Customs Officer: basic details about the child - race, culture, language and religion, date of birth, usual place of residence reasons for concern expressed by Immigration/Customs intended address in UK name and address and date of birth of accompanying/meeting adult and nature of relationship to child if any contact details of parents for child name and address and nature of relationship with adult meeting the child reason for visit to UK whether parents have made arrangement for child to come to UK demeanour of child and accompanying adult/meeting adult.
4.2	Referrals by the UK Border Agency regarding Unaccompanied Asylum Seeking Children (UASC).
	4.2.1	It is the UK Border Agency's responsibility to ensure that all unaccompanied children who apply for asylum in the United Kingdom and who are not already in the care of a Local authority are referred to the responsible Local Authority Children's Services as soon as they have made their claim. Unaccompanied children who are not already in the care of a Local Authority are referred to the one covering the area of the address the child gives.
	4.2.2	Where a child is accompanied by a legal representative, the adult is asked to refer the child to the Local Authority Children's Services in the area in which they are based because the child is most likely to have a connection with the same area as their legal representative or adult "guardian". Where a child has no address or local connection to a Local Authority the UK Border Agency will refer to the Local Authority where the child is at the time.
	4.2.3	If an unaccompanied child has sought help from a Local Authority before making an asylum claim, the responsible social worker or another responsible adult, for example, a legal representative, should take the child to the Asylum Screening Unit as soon as possible.
	4.2.4	If the responsible social worker cannot accompany the child then the Unaccompanied Minors Team should give the adult acting on behalf of the child a letter showing: the child's address, (or an address through which the child can be reached) the name, address and telephone number of the responsible social worker. confirmation that the adult accompanying the child is doing so with the Unaccompanied Minors Team's agreement.
4.3	Rota Referral by Croydon Council
	4.3.1	Croydon Council may refer unaccompanied seeking children who are in need of support to the Unaccompanied Minors Team based on the rota system.
	4.3.2	Croydon Council may also refer those young people whose age has been disputed by the UK Border Agency. In these circumstances it will always be necessary for the Local Authority to conduct it's own Age Assessment.
4.4	Police Referral
	4.4.1	On occasion referrals are also made to the Unaccompanied Minors Team by the Police

5. Age Assessments by the Local Authority

5.1	The Local Authority has a need to protect children in its care from adults claiming to be younger than they are. Age Assessments are required to ensure that persons receiving services under the Children Act 1989 are entitled to those services.
5.2	If a person is claiming to be an Unaccompanied Asylum Seeking Child, they will receive an Age Assessment by a member of the Unaccompanied Minors Team. Consideration must be given to the question of whether a Child in Need assessment is appropriate, whether or not the young person's age has been disputed by the UK Border Agency.
5.3	If the young person is clearly a child, or has adequate documentary evidence to support their stated date of birth a full Age Assessment may not be appropriate. Any decision to accept documentary evidence provided by the young person must be authorised by the Unaccompanied Minors Team Manager.
5.4	A full Age Assessment will take place as soon as possible. This MUST be commenced within 14 working days of the referral.
5.5	The young person will be asked to provide information about their background and life in their country of origin. In some circumstances, it may be possible to make enquiries in the country of origin. Extreme caution must be exercised when making any enquiries in the country of origin. The social worker must seek guidance from their Team Manager and Legal Services before making any such enquiries.
5.6	If it is not possible to commence the Age Assessment process when the young person first presents to the Local Authority, the duty social worker must ensure that the young person is in receipt of support in the interim period. If the young person has been age disputed by the UK Border Agency, they will be entitled to support from the National Asylum Support Service (NASS). The duty social worker should contact NASS to confirm the arrangements for the young person's support and advise them that the Local Authority is to conduct an assessment of the young person's age.
5.7	If the young person has been accepted as a child by the UK Border Agency, however the Local Authority considers it appropriate to undertake an Age Assessment, the young person may not have any other means of support in the interim period until the Assessment is complete. The duty social worker should consult with the duty manager to consider whether interim support would be appropriate.
5.8	Liaison with the case owner at UK Border Agency during the Age Assessment Process
	5.8.1	To inform the case owner at UK Border Agency that an assessment is going to be completed by the Unaccompanied Minors Team
	5.8.2	To confirm the date for the child's First Reporting Event (FRE)
	5.8.3	To confirm the date of the child's asylum interview
	5.8.4	To verify the Date of Birth and Nationality held on the system
5.9	Outcome of the Assessment
	5.9.1	If the UASC is not accepted as a child they will be referred back to Brigstock House with a letter explaining the reasons why the individual has been refused services. A standard letter MUST NOT be used.
	5.9.2	Those accepted as UASC will be assessed and provided with S20 support. Sec 20 cases are referred to a LAC team or the Leaving Care Team after the first review.

6. Assessment by the Local Authority

6.1

The Unaccompanied Minors Team will carry out Initial and Core Assessments in those cases where children are age assessed to be minors and will be provided with services under Section 20 where appropriate.

6.2

The worker will request the following information/documents:

Birth certificate
Passport/Travel Documents
SAL 1 or 2 documents
Home Office reference number
Identification Number
Proof of address - if claiming a local connection.
Name, address, telephone number of the solicitor handing their asylum application

7. Other Services for Unaccompanied Asylum Seeking Children

7.1	Access to Medical Treatment, Education and other Benefits
	7.1.1	UASC are entitled to medical treatment on the NHS. They are also entitled to the same educational opportunities as other children. Education authorities have a legal responsibility to ensure that education is available for all children of compulsory school age in their area, irrespective of the child's immigration status. They are entirely supported under the Children Act 1989, which is maintained by the Department of Health. The Local Authority in all its functions has a corporate parenting responsibility for them.
7.2	Home Office Grant
	7.2.1	Until the child has made a claim, he or she is not an asylum seeker and cannot be counted as such for grant purposes. Grant is only payable if a child arrives alone and has never been cared for. Although Local Authorities also have a responsibility for children who become unaccompanied as a result of family breakdown after their arrival, they cannot claim grant for these children.
7.3	Representation for UASC
	7.3.1	The Panel of Advisers will ensure that all children can obtain legal advice, available from: The Immigration Advisory Service 2nd Floor, County House 190 Great Dover Street London SE1 4YB Telephone 020 7357 6917 Website Refugee Legal Centre Nelson House 153-157 Commercial Road London E1 2EB Telephone 020 7780 3200 Website

8. Entitlement to Support at Age 18

8.1	UASC Granted Discretionary Leave to Remain
	8.1.1	UASC who are granted discretionary leave to remain or recognised as refugees are supported by the Local Authority under the provisions of the Children Act 1989.

9. Services for Former UASC

9.1

If a young person reaches the age of 18 and has no further leave to remain in the United Kingdom, because their application for asylum has been refused, or their discretionary leave to remain has expired, they are not entitled to services as young people leaving care under the Children Act 1989. Section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002 provide that persons present in the UK in breach of the immigration laws are not entitled to services under ss 17, 23C, 24A or 24B of the Children Act 1989 (services for young people over the age of 18 who are leaving care).

9.2

Any assistance being provided by the Local Authority under these provisions of the Children Act 1989 must be withdrawn, unless to do so would breach the person's rights under the European Convention of Human Rights. A Human Rights Assessment must be undertaken once their asylum claim fails. [In such a case where a Human Rights Assessment needs to be undertaken, the relevant social worker/duty social worker must contact the Legal Department.] Such individuals can leave the UK either through removal by the Immigration Service or through a voluntary departure with VARP.

10. Legality of stay in the UK

10.1

London Borough of Ealing Children and Families Service have a duty to report any person presenting for services who appears to be in the United Kingdom unlawfully to the Home Office. i.e. those remaining without Leave. Once an applicant's leave to remain expires, he or she will be here without leave - and be liable to removal unless they have already submitted an application to UK Border Agency for further leave to remain. Applicants must therefore either leave the UK before their leave expires, or apply for further leave to remain before their current leave expires.

11. Missing Children

11.1	If a Looked After Child/UASC goes missing, residential staff/foster carers must immediately inform Children and Families Services:
	11.1.1	The child's social worker or the social worker's manager;
	11.1.2	Unaccompanied Minors Team or
	11.1.3	Emergency Out Of Hours Duty Team
11.2	The social worker/duty social worker should inform UK Border Agency, as well as the police, as soon as any unaccompanied child who is supported goes missing. For further information please refer to the procedures on Looked After Children Missing. See Looked After Children Missing/Abducted from Care and the Use of Recovery Orders.

12. Child Trafficking and Exploitation

12.1	Child trafficking and exploitation refers to the disappearance, following arrival in this country, of vulnerable children from abroad and subsequent illegal use for employment, sexual exploitation or religious acts.
12.2	Children's Services has a duty to:
	12.2.1	Identify and protect those who may be at risk of significant harm through trafficking and exploitation;
	12.2.2	Prevent their disappearance from care by disrupting any organised activity to exploit children;
	12.2.3	Share information with a view to tracing such children who have disappeared from care.
12.3	This is both applicable to both accompanied and unaccompanied asylum seeking children arriving in London for whom there is concerns about their safety. Further reference can be sought in the London Child Protection Procedures. More detailed guidance can also be found in the London Procedure for Safeguarding Trafficked and Exploited Children which can be found in the London Child Protection Procedures which can be accessed via the button on the left of the screen.

13. The Hillingdon Decision and its Repercussions

13.1

The Queen on the Application of Behre and others v London Borough of Hillingdon (2003) EWHC 2075 (Admin) confirmed that:

Unaccompanied minors who had been accompanied under section 20 of the Children Act 1989 for 13 weeks or more after they reached 14 and who had ceased to be accommodated after they reached 16 were entitled to benefit from the amendments made to the Children Act 1989 by the Children (leaving care) Act 2000 (as Section 20 remains a "looked after" power as defined by section 22 0f the Children Act 1989);
Unaccompanied minors who had been assisted under Section 17 of the Children Act 1989 prior to 2nd November 2002 for 13 weeks or more after they reached 14, and who had ceased to be assisted after they reached 16, were also entitled to benefit for the amendments made to Children Act 1989 by the Children (leaving care) 2000 ( as prior to that date Section 17 was a "looked after" power as defined by section 22 0f the Children Act 1989).

13.2

Section 20 of the Children Act states that:

"Every local authority shall provide accommodation for any child in need in their area who appears to require accommodation as a result of (a) their being no person who has parental responsibility for him."

13.3

The Local Authority Circular (2003) 13 Guidance on Accommodating Children and Their Families stated that:

The fact that Section 116 of the Adoption and Children Act 2002 had amended Section 17 of the Children Act 1989 to confirm that it was possible to provide accommodation under that section did not affect the duties and power to provide accommodation under Section 20 of the Act;
Before deciding on which section was appropriate, a full assessment of an accompanied minor's needs had to be carried out in accordance with the statutory guidance contained in the Framework for the Assessment of Children in Need and Their Families;
Section 20(6) of the Children Act 1989 required the local authority to find out what type of accommodation the unaccompanied minor wish to have taking into account his or her age and understanding;
Where a child has no parent or guardian in the United Kingdom, as he or she is an unaccompanied minor, the presumption should be made that he or she should be accompanied under section 20.

14. Timescales

Unaccompanied Minor's Team

UASC Procedures
Timescale:	Task:
Day 1	New arrival but referral In put referral on Frameworki Request placement from OPM Complete Request placement form Provide financial support authorised by Manager
Day 1	Placement Sec 17 Take client to B & B placement Show client nearest food, show train, bus Start Age Assessement Process ( to be completed within 14 days) Placement Sec 20 Take Client to foster placement and completed LAC forms
Day 1	Liaise with client's solicitor regarding immigration status Liaise with the Home Office
7 days	Initial Assessment Home visit EIP meeting, see Early Intervention Panel
1-2 weeks	Take client to Southall and latest primary Access Centre for initial health check, along with registration with local G.P and dentist Arrange LAC medical
1-2 weeks	Emergency clothing /towel purchase. Take client shopping. Use agreed shopping list. To include Winter coat as required
4- 6 weeks	Arrange school/college placement Enrolment in ESOL
28 days	Review
35 days	Core Assessment
On-going	Travel warrants for Home Office, Solicitor
On-going	Arrange appointment - time &place accompany client to the Home Office for FREE, asylum interview and decision day
On-going	Pathway plans
On-going	Case Transfer to LAC or LCT after first Review
On-going	Refer to Brigstock House when child is assessed to be over 18 years for support from NASS as a single adult

End

2.5 Asylum Seeking Children

Contents

1. Legal Framework and Procedure

2. Accompanied Asylum Seeking Children

3. Applications for Asylum by Unaccompanied Children

4. Referral of Unaccompanied Children to Children's Services

Referral by the U K Border Agency Lunar House,Croydon, where they have specific concerns

Referrals by the UK Border Agency regarding Unaccompanied Asylum Seeking Children (UASC).

Rota Referral by Croydon Council

Police Referral

5. Age Assessments by the Local Authority

Liaison with the case owner at UK Border Agency during the Age Assessment Process

Outcome of the Assessment