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Chapter 2 | Unaccompanied or Separated Children Arriving in the United Kingdom<br />

15 See the Channel Tunnel (International Arrangements)<br />

Order 1993 SI 1993/1813 and the Channel Tunnel<br />

(Miscellaneous Provisions) Order 1994 SI 1994/1405<br />

and the Nationality, Immigration and Asylum (Juxtaposed<br />

Controls) Order 2003 SI 2003/2818.<br />

16 The children who were being referred to Kent Social<br />

Services at the time of this research were either children<br />

who had applied for asylum at the point at which they<br />

entered the U.K. at the port of Dover, or those who<br />

were later found in lorries or arrested after alighting<br />

from lorries after these lorries went through immigration<br />

controls at Dover but were still in Kent. Therefore<br />

it did not include children who were smuggled in with<br />

agents and subsequently applied for asylum.<br />

17 Charles Watters, European Centre for Migration and<br />

Social Care, Sociology and Social Research, University<br />

of Kent. “Avenues of Access and the Parameters of Care:<br />

Reflections on Reception Procedures for Unaccompanied<br />

Asylum Seeking Children at a Port of Entry,” in<br />

The Asylum Seeking Child in Europe. Ed. Hans E. Anderson,<br />

Henry Ascher, Ulla Bjornberg, Marita Eastmond<br />

and Lotta Mellander. Göteb<strong>org</strong> University, 2005.<br />

18 Contact was made with practitioners in Wales and<br />

Northern Ireland, but no substantive interviews were<br />

able to be carried out with them due to their unavailability.<br />

However, there were relatively few unaccompanied<br />

or separated children in these two countries.<br />

Immigration and Asylum Department at Browell<br />

Smith Solicitors in Newcastle. 2004.<br />

25 Based on the experiences of a small number of barristers<br />

and solicitors who regularly represented trafficked<br />

children.<br />

26 Immigration Rules HC 395, para 297(i)(f).<br />

27 Immigration Rules HC 395, para 57.<br />

28 Immigration Rules HC 395, para 316A.<br />

29 The government department responsible for intercountry<br />

adoption.<br />

30 Immigration Rules HC 395, para 40.<br />

31 Immigration and Asylum Act 1999, s10.<br />

32 This could constitute a breach of Article 4 of the<br />

European Convention on Human Rights and create<br />

a situation where the child might even seek protection<br />

under the Refugee Convention.<br />

33 Which s105 of the Children Act 1989 defines as a grandparent,<br />

brother, sister, uncle or aunt, or step-parent.<br />

34 Individuals who are not the parent of a child can obtain<br />

parental responsibility <strong>by</strong> applying for a residence order<br />

under s10 of the Children Act 1989, or <strong>by</strong> becoming<br />

his or her guardian under s5 of the Children Act 1989.<br />

35 Arising from s67 of the Children Act 1989.<br />

36 Sheffield City Council. Private Fostering Placements.<br />

19 Immigration Rules HC 395.<br />

20 Interview with Liz Barratt, a solicitor at Bindman<br />

& Partners, London. 2004.<br />

21 In these cases the unaccompanied or separated children<br />

were usually told <strong>by</strong> the parent that he or she<br />

would be returning to collect them later. Whether<br />

this was the true intention of the parent was never<br />

clear to the child when subsequently the parent did<br />

not return.<br />

22 There is presently an ASC in Croydon and another in<br />

Liverpool.<br />

23 Child from Chad who was interviewed in depth for<br />

this research and who was subsequently granted<br />

refugee status.<br />

24 Interview with Katherine Henderson, head of the<br />

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33

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