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Chapter 8 | The Need for a Legal Guardian (2005) states that “states are required to create the underlying legal framework and take necessary measures to secure proper representation of any unaccompanied or separated child’s best interests.” Therefore, states should appoint a guardian or adviser as soon as the unaccompanied or separated child is identified and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the state in compliance with the Convention and other international obligations.” ■ 4. The Separated Children in Europe Programme 42 states that as soon as a separated child is identified an independent guardian or adviser should be appointed to advise and protect that child. Regardless of the legal status of this person (for example, legal guardian or NGO worker) their responsibilities should be as follows: • to ensure that all decisions taken are in the child’s best interests; • to ensure that a separated child has suitable care, accommodation, education, language support, and health care provision; • to ensure that a child has suitable legal representation to deal with his or her immigration status or asylum claim; • to consult with and advise the child; • to contribute to a durable solution in the child’s best interests; • to provide a link between the child and various organizations who may provide services to the child; • to advocate on the child’s behalf where necessary; • to explore the possibility of family tracing and reunification with the child; and • to help the child keep in touch with his or her family. Recommendations ■ 1. A legal guardian should be appointed for every unaccompanied or separated child within three days of his or her initial application for asylum. ■ 2. No part of the asylum determination process, including the screening interview, should take place until a legal guardian had been appointed for the unaccompanied or separated child in question. ■ 3. The legal guardian should accompany or should arrange for an appropriate adult to accompany the child to every appointment arranged in connection with his or her application for asylum. ■ 4. The legal guardian should supervise the arrangements made by the local authority to look after the unaccompanied or separated child. ■ 5. The legal guardian should appoint appropriate legal representation in connection with the child’s Hosted by www.ijjo.org 95
asylum application and monitor the progress of his or her asylum claim. ■ 6. The legal guardian should provide a report to the Asylum and Immigration Tribunal and any higher court on the manner in which the unaccompanied or separated child’s best interests can be met. ■ 7. Legal guardians should be appropriately qualified and trained and accountable to a publicly funded supervisory body. s20 of the Children Act 1989, which led to the landmark case of The Queen on the Application of Behre & Others v. the London Borough of Hillingdon [2003] Endnotes EWHC 2075 (Admin). 7 Within its Brighter Futures advocacy projects. 1 These officers who are employed by individual colleges may have funds they can use to assist students who cannot afford to travel to the college or pay for books or other materials. Some have also taken on a more supportive role in relation to unaccompanied children. 2 There is a national scheme of Connexions Partnerships which provides personal advisers to 13 to 19 year olds who need advice about educations, careers, housing, money, health, and relationships. 8 Conclusions are based on a large number of cases involving unaccompanied and former unaccompanied children undertaken by Hereward & Foster, a solicitors’ firm in London (2005). 9 Information provided by another adjudicator (2004). 10 Information provided by an immigration barrister (2004). 11 Interview with Melissa Canavan, Senior Case Worker, Refugee Legal Centre (2004). SEEKING ASYLUM ALONE | UNITED KINGDOM 96 3 Most local authorities contracted with private organizations who provided accommodation to unaccompanied or separated children on their behalf. A key worker was usually part of the package provided under these contracts. 4 In some of the poorer quality firms or organizations this may have meant telling his or her story to a number of different case workers whilst the case was being prepared. 5 The U.K. Coordinator’s case load indicated that provision was largely a “post code lottery,” with some areas providing a range of support services, and others practically nothing. 6 In one case, a welfare officer at West London College highlighted the failure by a local authority to accommodate unaccompanied or separated children under 12 In proceedings in civil courts in the U.K. 13 In childcare proceedings in the U.K. 14 They would acquire parental responsibility for an unaccompanied or separated child if they took him or her into care under s31 of the Children Act 1989. However, it is unlikely that the local authority would be able to establish that the child would suffer significant harm unless such an order was made in most cases. One possible exception to this would be cases of trafficked children who were still in danger from their traffickers or parents who had sold them to their traffickers. 15 Children Act 1989, s3(5). 16 Both children who are taken into care under s31 of the Children Act 1989 and children who are accommodated under s20 are “looked after” for the purposes of the Act. 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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Page 47 and 48: subsequently abducted by their form
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Page 51 and 52: ■ 4. Article 4 of the European Co
Page 53 and 54: 17 A multi-agency task force establ
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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
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Page 79 and 80: case, that adult is advised to info
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Page 83 and 84: Asylum Support Team has a case load
Page 85 and 86: days and a second review after thre
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Page 93 and 94: adult in their life to speak on the
Page 95: 8.3 Role of a Legal Guardian rights
Page 101 and 102: do once I got to London. The pictur
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Page 113 and 114: this research believe that it is no
Page 115 and 116: A recent White Paper 13 states that
Page 117 and 118: an important and distinct role to p
Page 119 and 120: for Determining Refugee Status. 30
Page 121 and 122: draws on a small number of other re
Page 123 and 124: ■ 3. UNHCR also states that the q
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Page 135 and 136: leave to remain if it was unlikely
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until they turn 18, whichever is th
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“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
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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
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Recommendations 14 Immigration Rule
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concern the plethora of evidence of
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As a consequence of these restricti
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■ ■ accommodate unaccompanied o
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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
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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
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Bibliography Amnesty International.
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Immigration Advisory Service. Submi
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FOR MORE INFORMATION PHOTOGRAPHY CR
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