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Chapter 14 | Policy and Practice Recommendations Chapter 7 Accommodation and Care of Unaccompanied or Separated Children 2005 Reform for accommodating unaccompanied or separated children The U.K. Government has reviewed its approach to the accommodation of unaccompanied or separated children and is presently consulting on a reform program The impetus for this reform programme is the fact that local authorities close to ports of entry are providing accommodation for the majority of unaccompanied or separated children and that when the children become 18 the authorities have ongoing duties to support them if they are in further education. 19 The Government has considered placing unaccompanied or separated children with selected partner local authorities operating as specialist regional resources. However, child care practitioners are concerned that the proposed reform will undermine the fundamental principle underpinning the Children Act 1989, that every local authority owes a duty to safeguard the welfare of all children in need within their geographic area irrespective of their immigration status. Reluctance to accommodate children under section 20 of the Children Act 1989 Some local authorities are reluctant to accommodate children under section 20 of the Children Act 1989 and provide them with foster placements or supported hostel placements. Instead they choose to assist them under section 17 of the Children Act 1989 and place them in what amounts to bed and breakfast accommodation, thus minimizing their contact with the children. The detrimental effect this may have on unaccompanied or separated children was identified in a pilot study which found that unaccompanied or separated children were 18% less likely to suffer symptoms of post traumatic stress disorder associated with past persecution and trauma if they were placed in foster care as opposed to independent or semi-independent accommodation. Trauma experienced by unaccompanied or separated children Our research identifies certain common needs among unaccompanied or separated children which are not addressed by those caring for them. A pilot study of 50 unaccompanied or separated children discovered that 54% of these children showed symptoms of post traumatic stress disorder. Many of these children had experienced serious injury, armed combat, or the murder of relatives or friends. Despite this, the research showed that children were not always referred for a psychiatric assessment or offered the opportunity to talk to a counsellor and there was a general lack of awareness amongst social workers of the extent of these children’s trauma and specific needs. Identification of psychological needs Despite the entitlement of unaccompanied or separated children to free National Health Service treatment, neither the Department of Health nor the Department for Education and Skills have adopted any national plan or referral system to ensure that these children’s psychiatric and psychological needs are identified. No dissemination of positive practice There is no national strategy to ensure that existing good practice is disseminated and shared nationwide. The specialist treatment and counselling available is a result of individual initiatives devised by general practitioners and consultants to meet demands from their patients and clients. Many unaccompanied or separated children are not able to access the three existing centres of excellence Hosted by www.ijjo.org 185
ecause of long waiting lists and because they are all situated in London. Recommendations ■ 7.5 A named social worker should be appointed for each unaccompanied or separated child and he or she should liaise closely with the child’s legal guardian when he or she is appointed. ■ 7.1 All unaccompanied or separated children ■ 7.6 The local authority should carry out an ini- should be accommodated under section 20 of tial statutory Looked After Children Review after the Children Act 1989. 28 days and a second review after three months and then further reviews every six months. ■ 7.2 A full assessment of each unaccompanied or separated child’s needs should be conducted within ■ 7.7 An unaccompanied or separated child should seven days of him or her being accommodated in be accompanied by his or her social worker, key accordance with the Framework for the Assess- worker, or legal guardian to every appointment ment of Children in Need and Their Families. connected with his or her application for asylum, whether these are with the Home Office, his or her ■ 7.4 Particular attention should be paid to the legal representatives, medical personnel, or others. child’s medical, psychological, and emotional needs. ■ 7.8 The Department for Education and Skills should devise guidance for local authorities as to the appropriate level of support to be given to unaccompanied or separated children and implement a programme of training to ensure that all social workers allocated to unaccompanied or separated children are aware of the level of support they are expected to provide. SEEKING ASYLUM ALONE | UNITED KINGDOM 186 ■ ■ 7.9 The Department should also ensure that no unaccompanied or separated child is placed in bed and breakfast accommodation. 7.10 The Department of Health in conjunction with the Department for Education and Skills, the Home Office, the Association of Directors of Social Services and members of the Refugee Children’s Consortium 20 should draw up a national plan of action to ensure that the U.K. meets its obligations under Article 18.2 of the Council Directive laying down minimum standards for the reception of asylum seekers and provides access to rehabilitation and mental health care 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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It is not possible to ascertain the
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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
Page 179 and 180: concern the plethora of evidence of
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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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