5.1.1 Unaccompanied Asylum Seeking Children - Regional Guidance |
Contents
- Children's Social Care Services Identify a Child as an Unaccompanied Asylum Seeker
- Police Identify a Child as an Unaccompanied Asylum Seeker - Within Office Hours
- Police Identify a Child as an Unaccompanied Asylum Seeker - Outside Office Hours
- After the Screening Assessment
- Child Overstayers
- Flowchart on Unaccompanied Asylum Seeking Children
- Flowchart on Overstayers
1. Children's Social Care Services Identify a Child as an Unaccompanied Asylum Seeker
If a staff member of the Children's Social Care Services identifies that a child appears to be an unaccompanied asylum seeker, a screening assessment will be completed to determine the age of the child. If the child appears to under 18 then the Children's Social Care Services will arrange for the child to be taken to one of the Asylum Screening Units in Liverpool, Croydon or Solihull.
2. Police Identify a Child as an Unaccompanied Asylum Seeker - Within Office Hours
If the police identify that a child appears to be an unaccompanied asylum seeker, and it is within office hours (8.00 am - 6.00 pm including weekends and bank holidays) they will:
- Contact the Midlands Enforcement Unit on 0121 713 3171.
- Complete a vulnerable person form
- Notify the Children's Social Care Services responsible for the area where the child was found, and
- Transport the child to the Midlands Enforcement Unit for a screening assessment
3. Police Identify a Child as an Unaccompanied Asylum Seeker - Outside Office Hours
If the police identify that a child appears to be an unaccompanied asylum seeker, and it is outside office hours, they will:
- Notify the Emergency Duty Team for the Children, Learning and Young People Directorate responsible for the area where the child was found and request a suitable placement for the child;
- Complete a vulnerable person form, and
- Transport the child to the placement.
The relevant Children's Social Care Services will then arrange for the child to be taken to one of the Asylum Screening Units based in Liverpool, Croydon or Solihull.
4. After the Screening Assessment
If the screening assessment shows that the young person is aged 18 or more, and therefore not a child, MEU/ASU will refer them to the Refugee Council.
If the screening assessment at MEU shows that the young person is under 18, the MEU will refer them to the Children's Social Care Services responsible for the area in which the child was found. The Home Office/Immigration Service referral form which is used for this purpose gives details of the child or young person (including their nationality and immigration status), their current carers, their parents, the household in which they have been living, the reasons for the referral and any causes for concern about the household members. The relevant Children's Social Care Services will acknowledge receipt of this form.
If the screening assessment at ASU shows that the young person is under 18 then the Children's Social Care Services who have referred them will accept responsibility.
Children's Social Care Services will consider this referral information and decide whether there are any child protection concerns, including any concerns that the child may have been the victim of people trafficking.
People trafficking is the recruitment, transport and harbouring of people for the purpose of exploitation. The exploitation may include sexual exploitation, exploitation of their labour (e.g. through slavery or other forms of servitude) organ harvesting etc. Trafficking may include the use of force, coercion, abduction, fraud, deception, the abuse of power or the abuse of the victim's vulnerability.
If there are any child protection concerns. The Children's Social Care Services will arrange a Strategy Meeting and invite representation from the Immigration and Nationality Directorate . If the concerns remain, this meeting will agree the arrangements for a Section 47 Enquiry.
If there are no child protection concerns, Children's Social Care Services will arrange an Initial Assessment and, if appropriate, a Core Assessment.
If following the initial or core assessment the minor is determined to be older than originally reported, Children's Social Care Services will notify MEU/ASU outlining the reason for that judgement. MEU/ASU will acknowledge the notification, review their original assessment in the light of the information provided and if they concur amend their records accordingly.
Accommodated child/young person
If the child is under 16, or is assessed as being in need of care, s/he will be admitted to local authority accommodation under Section 20 of the Children Act 1989 unless more suitable alternative arrangements are available (e.g. suitable private foster carers are available and are willing and able to care for him/her).
While the child/young person is Looked After, each Looked After Review must specifically consider their immigration status. The social worker will consult the Immigration and Nationality Directorate about resolving any issues relating to this. Looked After Reviews/Pathway Planning Meetings should aim to clarify any implications of the young person's immigration status as an adult before their 18th birthday, and make plans to address any outstanding issues.
If the child leaves accommodation at 16+ who has previously been admitted under Section 20 they may have entitlements as a Relevant Young Person - see Leaving Care Procedures.
Child/young person not accommodated
If the young person claims to be 16 or 17 years old then, at the point of arrival, they will still be accommodated under Section 20. This is consistent with the Local Authority Circular (2003) 13 that advised: "...where a child has no parent or guardian in this country, perhaps because he has arrived alone seeking asylum the presumption should be that he would fall within the scope of Section 20 and become Looked After, unless the needs assessment reveals particular factors which would suggest that an alternative response would be more appropriate. While the needs assessment is being carried out, he should be cared for under Section 20 (of the Children Act 1989)." Two experienced social workers will also carry out an age assessment which is Merton Compliant (Case Law R (B) v L.B. Merton [2003]).
The support package should be reviewed at regular intervals, and each review should specifically consider their immigration status. The social worker will consult the Immigration and Nationality Directorate about resolving any issues relating to this. Reviews should aim to clarify any implications of the young person's immigration status as an adult before their 18th birthday, and make plans to address any outstanding issues.
5. Child Overstayers
An overstayer is a person who enters the UK with valid leave to enter/remain but who does not leave the UK at the end of that period.
A member of staff of the Children's Social Care Services may encounter information suggesting that a child is an overstayer during an assessment or while arranging or providing services to the child or to a family or household of which the child is a member. This should be verified by the passport being checked if this is available.
If the child has leave to remain the in UK, the Children's Social Care Services will continue the assessment or service provision.
If the child does not appear to have valid leave to remain in the UK, because of the leave to enter/remain having expired or no passport produced, the Children's Social Care Services will refer the matter to the Midlands Enforcement Unit , who will arrange for the child's immigration status to be checked.
Children's Social Care Services will arrange a strategy meeting, and will invite representation from the Immigration and Nationality Directorate (who to invite - contact details). The strategy meeting will consider whether the child should be returned to their country of origin, and any issues relating to their care while they remain in this country, e.g. issues relating to people trafficking, private fostering, and access to services.
6. Flowchart on Unaccompanied Asylum Seeking Children
7. Flowchart on Overstayers
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