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County Council; Rona Blackwood, Refugee Programme Director, Save the Children U.K.; Syd Bolton, Legal and Policy Officer (Children and Young People), Medical Foundation for the Care of Victims of Torture; Lynne Chitty, previously Senior Social Worker, West Sussex Social Services Department; Jane Coker, Immigration Judge, Asylum and Immigration Tribunal; Heaven Crawley, Independent Consultant; Jack Cunliffe, Research, Development and Statistics Directorate of the Home Office; Judith Dennis, Policy Adviser (Unaccompanied Children), Refugee Council; Patricia Durr, Parliamentary Adviser, Children’s Society; Jane Dykins, Head of the Children’s Section, Refugee Council; Chris Endersby, Policy and Standards Manager, Kent County Council; Karen Goodman, previously Service Manager, London Borough of Hillingdon; Vicky Guedalla, Partner, Deighton Guedalla Solicitors; Simone Hugo, Legal Services Commission; Douglas Joy, Solicitor, Hereward & Foster Solicitors; Nancy Kelly, Head of International and U.K. Policy, Refugee Council; Selam Kidane, Refugee Project Consultant, British Association of Adoption and Fostering; Richard Knight, Team Leader, Asylum Seekers and Reception Team, Nottingham City Council; Sarah Lerner, Partner, Hereward & Foster Solicitors; Hannah Lily, Legal Protection Officer, UNHCR (U.K.); Lisa Nandy, Policy Adviser, Children’s Society; Susan Rowlands, General Secretary, Immigration Law Practitioners’ Association; Alison Stanley, Partner, Bindman & Partners Solicitors; Nerissa Steel, Legal Services Commission; and Charles Watters, Director, European Centre for the Study of Migration and Social Care, University of Kent. Additional information was supplied by members of the Refugee Children’s Consortium; the Steering Group of the Refugee and Asylum Seeking Children’s Project based at the Children’s Legal Centre at the University of Essex; and the Unaccompanied Asylum Seeking Children’s Stakeholder Group. We would also like to thank Martin John, Director of Tribunals at the Department of Constitutional Affairs and Sarah Young, Legal and Research Unit at the Asylum and Immigration Tribunal for the assistance they gave in obtaining access to the written determinations of unaccompanied or separated children or young people who had appeared before the Immigration Appeal Tribunal in 2003/2004. Hosted by www.ijjo.org 5
Contents Chapter 1 | 9 Chapter 5 | 55 Introduction 1.1 Research Objectives | 14 Age Disputes: A Barrier to Entering a Child Specific Asylum Determination Process 1.2 Research Methodology | 15 5.1 Policy and Procedures for Determining Age | 57 1.3 Structure of the Report | 16 5.2 The Kent Model | 59 5.3 Local Authority Age Assessment | 60 Chapter 2 | 19 Unaccompanied or Separated Children Arriving in the United Kingdom 5.4 Best Practice: A Holistic Approach | 61 Chapter 6 | 67 2.1 Definitions Used in the United Kingdom | 19 2.2 Statistical Data | 21 Detention of Unaccompanied or Separated Children 2.3 Countries of Origin | 24 6.1 Detention in the United Kingdom | 67 2.4 Entering the United Kingdom: Juxtaposed Controls | 26 6.2 Criminalization of Unaccompanied or Separated Children | 72 2.5 Access to Asylum | 26 2.6 Methods of Entry | 27 2.7 Private Fostering Arrangements | 30 Chapter 7 | 77 Accommodation and Care of Unaccompanied or Separated Children SEEKING ASYLUM ALONE | UNITED KINGDOM 6 Chapter 3 | 35 National Legal Framework 3.1 The Legislative Framework | 35 3.2 The Policy Framework | 36 Chapter 4 | 41 Monitoring Entry To Provide Protection 4.1 Role of the Immigration Service | 41 4.2 Amendment of the Immigration Rules | 43 4.3 Tackling Child Trafficking | 44 7.1 Providing Accommodation | 77 7.2 Unaccompanied and Separated Children’s Psychiatric and Psychological Needs | 84 Chapter 8 | 89 The Need for a Legal Guardian 8.1 Dual Role of the Legal Representative | 90 8.2 Government Measures on Legal Representation | 91 8.3 Role of a Legal Guardian | 94 Hosted by www.ijjo.org
Page 1 and 2: Unaccompanied and Separated Childre
Page 3 and 4: ABOUT THE AUTHORS Jacqueline Bhabha
Page 5: Manchester City Council; Sue Fisher
Page 9 and 10: SEEKING ASYLUM ALONE | UNITED KINGD
Page 11 and 12: Arriving in the U.K. 6 The Immigrat
Page 13 and 14: ers often believe that although a p
Page 15 and 16: fear of certain groups in society t
Page 17 and 18: that unaccompanied minor children f
Page 21 and 22: It then added that “although chil
Page 23 and 24: 2004 it rose to 8.8%. This was at a
Page 25 and 26: 2.3 Countries of Origin Unaccompani
Page 27 and 28: Recommendations ■ 1. If the U.K.
Page 29 and 30: There was no comparable age differe
Page 31 and 32: 2.7 Private Fostering Arrangements
Page 33 and 34: Endnotes 9 Statistics published by
Page 37 and 38: unfounded, thus depriving this subs
Page 39 and 40: Bill in Parliament which would have
Page 43 and 44: of someone who might be an unaccomp
Page 45 and 46: It is clear that the Rules are a po
Page 47 and 48: subsequently abducted by their form
Page 49 and 50: “G” was a 16-year-old Christian
Page 51 and 52: ■ 4. Article 4 of the European Co
Page 53 and 54: 17 A multi-agency task force establ
Page 57 and 58:
of the asylum determination process
Page 59 and 60:
as a group around the claimant laug
Page 61 and 62:
with as being hostile. Nor did they
Page 63 and 64:
purposes. 38 The Immigration and Na
Page 65 and 66:
or local authority social services
Page 67 and 68:
SEEKING ASYLUM ALONE | UNITED KINGD
Page 69 and 70:
als from age disputed children deta
Page 71 and 72:
and February 2005 when 75% of those
Page 73 and 74:
accommodation which is separated fr
Page 75 and 76:
e safe to let the child go and live
Page 77 and 78:
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case, that adult is advised to info
Page 81 and 82:
The official justification for thes
Page 83 and 84:
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
Page 97 and 98:
asylum application and monitor the
Page 99 and 100:
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do once I got to London. The pictur
Page 103 and 104:
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
Page 111 and 112:
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this research believe that it is no
Page 115 and 116:
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
Page 125 and 126:
Page 127 and 128:
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Page 131 and 132:
contact the child via social servic
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It is not possible to ascertain the
Page 135 and 136:
leave to remain if it was unlikely
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“Unaccompanied children are not g
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5 IND. Unaccompanied Asylum Seeking
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Page 145 and 146:
Page 147 and 148:
until they turn 18, whichever is th
Page 149 and 150:
Page 151 and 152:
“There are some exceptionally goo
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could have been allowed. In one of
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esisting removal to their countries
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■ 3. The Law Society and the Lega
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determinations we analyzed this did
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42 Interview with Laura Brownlees,
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should resolve this difficulty. The
Page 167 and 168:
A number of legal representatives b
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Department at appeals by unaccompan
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Basis Upon Which Appeals Were Allow
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Basis Upon Which Appeals Were Allow
Page 175 and 176:
Recommendations 14 Immigration Rule
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concern the plethora of evidence of
Page 181 and 182:
As a consequence of these restricti
Page 183 and 184:
■ ■ accommodate unaccompanied o
Page 185 and 186:
that the vast majority of referrals
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ecause of long waiting lists and be
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which would have provided for a leg
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screening interview and do not real
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■ 9.9 The interviewer should alwa
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excessive delay in reaching a decis
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children, or anyone who had been re
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appeal. The Asylum Policy Unit has
Page 203 and 204:
and adjudicators rarely prevented t
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22 Information provided by Ailish K
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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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