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Chapter 14 | Policy and Practice Recommendations Immigration and Nationality Directorate to accept documentary evidence of age. Consequence of age disputes If an unaccompanied or separated child’s age is disputed, he or she is treated as an adult and referred to the National Asylum Support Service (NASS) for accommodation and given a Statement of Evidence Form to return within 14 days. In many cases it takes considerable time to overturn an inaccurate age assessment and in the intervening period the unaccompanied or separated child lives in emergency accommodation provided by NASS, often sharing a room with severely traumatized adult asylum seekers. Children interviewed for this research had no real understanding of the age assessment process and perceived the adults they came into contact with as hostile. Recommendations ■ ■ ■ ■ ■ 5.1 Where an unaccompanied or separated child’s age is in dispute he or she should be provided with accommodation by the appropriate social services department for a seven- to 28-day period in order for a holistic age assessment to be carried out. 5.2 No age disputed child should be detained in an immigration removal or reception centre. 5.3 No age disputed child’s application should be subjected to the Fast Track 10 or Super Fast Track 11 asylum determination procedures or any similar accelerated process. 5.4 No age disputed child should be denied an in country right of appeal. 5.5 A legal guardian should be appointed for every age disputed child. ■ ■ ■ ■ 5.6 No steps should be taken to determine the age disputed child’s asylum application until the question of his or her age has been finally resolved. 5.7 Independent panels comprised of suitably qualified professionals should be established to determine age where this is in dispute. 5.8 Any member of the Immigration Service or the Immigration and Nationality Directorate who may come into contact with unaccompanied or separated or age disputed children should undergo comprehensive training in the need for a holistic assessment of age by the method referred to in paragraph 7 above. 5.9 Original identity documents should not be retained by the Immigration and Nationality Directorate but should be returned to the unaccompanied or separated child or his or her legal representatives. Chapter 6 Detention of Unaccompanied or Separated Children Detention still used in age disputed cases The U.K. Government broadly accepted that unaccompanied or separated children should not be detained during any part of the asylum determination process, including the Fast Track procedure at Oakington Reception Centre 12 or the Super Fast Track procedure at Harmondsworth or Yarls Wood Removal Centres. 13 However, our research revealed that in practice some unaccompanied or separated children were being detained as a result of being wrongly assessed as adults. 14 Statistics obtained from the Refugee Council’s Children’s Panel revealed Hosted by www.ijjo.org 183
that the vast majority of referrals from age disputed Whilst there very few have any contact with immigra- children in 2002–2003 had been detained in Oaking- tion solicitors and are not informed of the possibility ton Removal Centre. 15 of claiming asylum. Allocation of responsibility Recommendations Despite the protocol by the Association of Directors of Social Service, which allocates formal responsibility ■ 6.1 No unaccompanied or separated child for children wrongfully detained in removal centres should ever be detained in an immigration to local authorities, 16 local authorities continue to removal or reception centre. dispute responsibility for these children, which can lead to delay in their release from detention. 17 ■ 6.2 No age disputed child should ever be detained in an immigration removal or reception centre. Negative consequences of detention Being in detention has a detrimental effect on an ■ 6.3 If there is a doubt about a person’s age, he or unaccompanied child’s ability to pursue the asylum she should be accommodated by the appropriate application even if the child has not been allocated social services department for a period of between to an accelerated determination process. Immigra- seven and 28 days in accommodation designed tion detainees regularly report that it is very difficult for this purpose in order for a holistic age assess- to obtain good legal representation whilst in deten- ment to be carried out. tion or in some cases any representation at all, and even if the child is represented the fact of being ■ 6.4 Where social services decide that an age detained has an adverse impact on their application. disputed child is an adult but the child does not accept this view and brings a legal challenge, he Criminalization of unaccompanied or she should not be transferred to an immigra- or separated children tion removal or reception centre until the question SEEKING ASYLUM ALONE | UNITED KINGDOM 184 Because of the introduction of section 2 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 18 a number of unaccompanied or separated children have been either denied or had delayed access to the asylum determination process. This section introduces a new criminal offence (which applies to both adults and unaccompanied or separated children) of failing to provide a valid document showing identity and nationality without a reasonable excuse when first interviewed by an immigration officer. Most children affected by this rule are advised by criminal solicitors on a duty rota scheme with no knowledge of asylum law and are advised to plead guilty to get a shorter sentence. They are then sent to young offenders institutions for several months. of his or her age has been finally determined by expert evidence or a court. Hosted by www.ijjo.org
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Unaccompanied and Separated Childre
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ABOUT THE AUTHORS Jacqueline Bhabha
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Manchester City Council; Sue Fisher
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Contents Chapter 1 | 9 Chapter 5 |
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SEEKING ASYLUM ALONE | UNITED KINGD
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Arriving in the U.K. 6 The Immigrat
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ers often believe that although a p
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fear of certain groups in society t
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that unaccompanied minor children f
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It then added that “although chil
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2004 it rose to 8.8%. This was at a
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2.3 Countries of Origin Unaccompani
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Recommendations ■ 1. If the U.K.
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There was no comparable age differe
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2.7 Private Fostering Arrangements
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Endnotes 9 Statistics published by
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unfounded, thus depriving this subs
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Bill in Parliament which would have
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of someone who might be an unaccomp
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It is clear that the Rules are a po
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subsequently abducted by their form
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“G” was a 16-year-old Christian
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■ 4. Article 4 of the European Co
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17 A multi-agency task force establ
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of the asylum determination process
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as a group around the claimant laug
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with as being hostile. Nor did they
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purposes. 38 The Immigration and Na
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or local authority social services
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als from age disputed children deta
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and February 2005 when 75% of those
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accommodation which is separated fr
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e safe to let the child go and live
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case, that adult is advised to info
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The official justification for thes
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Asylum Support Team has a case load
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days and a second review after thre
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provides access to rehabilitation a
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who the child must try to relate to
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adult in their life to speak on the
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8.3 Role of a Legal Guardian rights
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asylum application and monitor the
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do once I got to London. The pictur
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Some social services departments do
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■ 5. The screening interview shou
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eturn to a country requiring servic
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■ 6. The syllabus for the Accredi
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this research believe that it is no
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A recent White Paper 13 states that
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an important and distinct role to p
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for Determining Refugee Status. 30
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draws on a small number of other re
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■ 3. UNHCR also states that the q
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contact the child via social servic
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Page 137 and 138: SEEKING ASYLUM ALONE | UNITED KINGD
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Page 147 and 148: until they turn 18, whichever is th
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Page 153 and 154: could have been allowed. In one of
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Page 157 and 158: ■ 3. The Law Society and the Lega
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Page 161 and 162: 42 Interview with Laura Brownlees,
Page 165 and 166: should resolve this difficulty. The
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Page 175 and 176: Recommendations 14 Immigration Rule
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Page 205 and 206: 22 Information provided by Ailish K
Page 207 and 208: A P P E N D I X 1 Glossary of Terms
Page 209 and 210: Bibliography Amnesty International.
Page 211 and 212: Immigration Advisory Service. Submi
Page 213 and 214: FOR MORE INFORMATION PHOTOGRAPHY CR
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