4.11.5 Unaccompanied Asylum Seeking Children

Guiding Principles
Care Planning
Education and Training
Employment
Accommodation
Health and Personal Support
Review of the Policy
Terminology, Definitions and Legal Framework

1. Guiding Principles

All U.A.S.C. will be regarded as Children in Need and will be provided with the same level of service as any other child in need in.

The Policy reflects the principles of the Children Act, 1989, which is to safeguard and promote the welfare of children within the area who are in need by providing a range and level of services appropriate to those children's needs.

The Policy takes into account the Hillingdon Judgement, also the recent report from the Children's Commissioner on the care of U.A.S.C. and incorporates the principles of the Children (Leaving Care) Act 2000. The definitions and commitments as described within the legislation are therefore applicable to this group of young people.
U.A.S.C are entitled to the same service as any other young person who is entitled to a leaving care service. We will ensure that, following initial contact or referral, action is taken to ensure their care and protection.
All services provided will start from the assessment of their needs using the Assessment Framework, which recognises their particular vulnerability due to their separation from their family and country of origin of the U.A.S.C.
Luton will ensure that the services that are provided to U.A.S.C. are sensitive and responsive to the individual needs and wishes of this group of young people, recognising their vulnerability and ethnic background.
We will use integrated services to ensure that the specific needs of these children are addressed so that they live without prejudice, in the local community.
We will ensure that all services provided will meet their ethnic, linguistic, cultural, religious and any other needs.
We will ensure that any care arrangements will provide help to form a secure base from which they can make the transition from childhood to adulthood within the context of secure, appropriate relationships.
We will ensure that all information provided and all communication is in their own language for as long as is necessary, through the use of translation and interpretation.
We will provide opportunities for all U.A.S.C. to acquire English via appropriate education resources.
We will assist U.A.S.C. to trace any family members who may be living in the UK. Where the child wishes to trace family members residing in another country we will provide assistance so that they can get the support of the established organisations providing tracing facilities. Where no family members can be found we will provide support in order to help them cope with this.
U.A.S.C. will be supported to develop and maintain relationships with the local community and with children and adults from their country of origin, living in the UK.
Luton will maintain an information system that identifies all appropriate details of the U.A.S.C.
Luton will ensure that it fulfils all its statutory duties towards U.A.S.C. under the Children Act, 1989, the Children (Leaving Care) Act 2000, and Education legislation. It will ensure that all relevant duties set out in Every Child Matters (ECM) are met.

2. Care Planning

All U.A.S.C. will be Accommodated under section 20, of the Children Act 1989, there needs to be open discussion with the U.A.S.C. in order to explain the significance of this move.
The U.A.S.C. Protocol for those arrivals at Luton airport will be implemented.
The Framework C.A.F. for the Assessment of Children in Need and their Families will be used to identify the needs of U.A.S.C.
A Pathway Plan will be formulated with the co-operation of the U.A.S.C. in line with best practice guidelines. As appropriate The care plan will identify a strategy to meet the assessed needs. Placements must be able to support children who have little or no other source of support. The care plan for unaccompanied asylum-seeking and children should include the following:
The child's identified needs, including needs that arise from the asylum-seeking process (e.g. advocacy and legal advice) how these needs will be met timescales proposed placement other services to be provided e.g. counselling, group work, education al support contingency plans for placement breakdown and other possibilities such as reunification with family members
A child's age, sex, health, personality, race, culture and life experiences are relevant to any consideration of needs and vulnerability and will be taken into account when planning or providing help.
In reaching any decision about the plan for a child we will ensure that they have detailed information about the alternatives, in a language that they can understand. They should also be provided with an opportunity to explore properly the meaning and implications of the various options open to them before a decision is made.
The plan for the looked after child should be reviewed within statutory timescales and should include the full participation of the children and their caregivers. The child should always be provided with information in a language that they can understand. This may need to involve translation and interpreting services. The following will need to be considered in addition to the usual statutory requirements for reviews:
The impact of exile and progress in coping the forming of healthy relationships including peers and adults settlement into a new community and the development of necessary skills for survival in the UK including awareness and strategies for dealing with the impact of hostility and racism monitoring of their legal status for those still in the asylum-seeking process the child's contact with community groups from their culture of origin who can give them advice and support in their mother tongue an update on tracing family members (subject to the child's wishes for a trace to be carried out) progress in preparation for adult life The needs of children aged sixteen and seventeen will be assessed in order to consider whether their welfare is seriously prejudiced and what arrangements are needed for their accommodation and their other social care needs. A carefully selected support package will be put in place based on the outcome of the assessment. Depending on the identified needs of the child, the support network should include professional and community support. The child's daily living skills will be assessed as well as information provided on issues such as drugs, sexual health etc. Children in this age group will be supported according to Leaving Care guidelines. All care leavers will have a designated Leaving Care Personal Adviser and a Pathway Plan, which will include details of how their future needs will be met. Within the Pathway Plan, consideration must be given, where the child has a status of "Exceptional Leave to Remain" or

"Discretionary leave to remain "to the fact that they will have to apply for an extension to remain in the country, or ILR before their 18th birthday. Pathway Plan must have dual actions reflecting the possibility of being returned to their country of origin. Unaccompanied asylum-seeking and children will be provided with information and given support in order to be able to access the Complaints Procedure. Children who are looked after will be provided with details on the advocacy service provided by Voice.
Where there is an age dispute the will carry out its duties to "safeguard and protect their welfare" as though they were a child, but will undertake an age assessment and liaise with the Home Office Immigration and Nationality Directorate on this matter. Where the manager of the fostering and residential service takes the view that admission of the child would contravene the Care Practice Standards then other suitable accommodation and support services will be provided.

3. Education and Training

All unaccompanied asylum-seeking children will be provided with appropriate education and training that meets their needs.
Unaccompanied asylum seeking and children are entitled to statutory education to age 16 and access to further and higher education according to admission guidelines. We will provide an appropriate school or college place. Arrangements will build on existing practice within the Minority Ethnic Curriculum Support Service using School Admission Rule 2 when necessary. The carer will attend the admissions meeting at the school or college. Taking account of previous education, any interrupted schooling and choice of subjects, schools will ensure that the young person is placed in the year and form which best suits their educational needs.
Unaccompanied asylum-seeking and children are entitled to educational provision and should have access to all aspects of education. Schools with an Ethnic Minority Achievement (EMA) Budget can use it to support asylum seeking and pupils as they would any other ethnic minority pupil. Schools who do not receive EMA funding may be eligible for support from the EMA Centre or School Based Interpreter (SBI) support may be available and part funded by the Interpreting and Translating Service.
Schools should consider the following strategies to assist pupils: a liaison person in the school who will befriend the child and arrange peer support promoting positive images of the country of origin arrange first language support, possibly via bilingual teaching assistants (BTA's) or school based interpreters (SBI's) using dictionaries and other resources in first language or dual language materials on arrival, familiarising children with the school layout, routines, resources and equipment for those over 13 years of age, ensure that the school Connexions Personal Adviser is notified and arrangements for an interview made.
Children who are looked after must have a Personal Education Plan, which is regularly reviewed. This Plan will identify the type of education provision that best suits their needs. This should take account of English language development needs and the importance of maintaining their mother tongue and culture. Where possible they will not be moved during exams nor during a reasonable period leading up to them. Where a move proves necessary every effort will be made to keep the child in the present school until a local school place is made available. This may involve liaising with EWO's and the School Transport Section.
In considering appropriate education provision, regard must always be given to the need to keep siblings together in order that they can support each other and reduce isolation. We will ensure that they have access to support such as pastoral care and mentors and any suitable extended school provision. All pupils over 13 years of age will be referred to a Connexions Personal Adviser who can offer impartial information and advice on careers and personal development opportunities and, where necessary, intensive support for the transition from post-compulsory education, to college, training or employment. Pupils with learning difficulties and (LDD) who leave school after year 11 will be referred to a Connexions Personal Advisor for a Section 140 assessment during the Autumn term of that year to identify any additional needs the pupil may have on accessing further learning.

4. Employment

All unaccompanied asylum-seeking and children will be entitled to access employment training opportunities according to their immigration status. If necessary they will be assisted in seeking permission from the Home Office if they wish to obtain paid employment.
We will work collaboratively with Connexions and E2E (Hertfordshire's education business link consortium) to improve the opportunities of unaccompanied asylum-seeking children to enter the world of employment. This will be achieved by providing work experience placements, helping them to develop the skills they will need to access employment and, where appropriate, supporting them in transition to employment of their choice.
We will ensure that there is access to Connexions for advice and support in seeking and sustaining employment, recognising that it may take time to identify the most suitable opportunities. This will include, where possible, helping them to access training programmes that prepare them for work in a supportive environment. Working collaboratively with Connexions and the LSC, we will also develop agreements with local employers to offer employment opportunities to unaccompanied asylum-seeking and children.

5. Accommodation

All U.A.S.C. will be supported to live in accommodation commensurate with their assessed need. We will ensure that they live in suitable and safe accommodation and will actively work to prevent them becoming homeless. The placement should take account of the child's ethnic, cultural and religious background. Where the carer/s cannot meet these needs, arrangements will be made for support to be available from the social care network and local community.
Where a residential placement is considered to be the most appropriate way of meeting the child's needs, resources such as interpreters, counselling and other such support will be provided. Dietary, cultural and religious needs will also be met.
We will continue to develop a number of accommodation options, so that young people are not placed in accommodation that does not meet their needs. We will monitor the suitability and security of accommodation and its providers, and ensure that young people are not placed alongside people who are unsuitable or potentially unsafe.
In making any arrangements for U.A.S.C. siblings should be placed together unless an assessment indicates to the contrary.

6. Health and Personal Support

All U.A.S.C. will be supported to enable them to maintain their health and development and to be part of the community. They will be provided with the emotional and practical support that they require to meet their needs.

Health

U.A.S.C. are entitled to medical treatment through the N.H.S. They will be supported in gaining access to health care in the same way as any other looked-after child or care leaver.
Luton will facilitate the development of their understanding of their own health needs and how to meet them, ensure that, where they are looked after children, they have a Personal Health Plan which outlines how their health needs will be met ensure that all unaccompanied asylum-seeking and children are registered with a doctor and a dentist develop policies and practices to promote healthy living for U.A.S.C. in conjunction with health agencies.

Practical Living Skills

All U.A.S.C. will be provided with appropriate support in learning practical independent skills, such as cooking, decorating and budgeting. They will be given advice and support on managing their own finances dependent on their maturity and independence.

Sports, Arts, Leisure and Culture

Luton will enhance the physical and mental health of unaccompanied asylum-seeking and children by enabling them to develop sporting and artistic skills and enable them to participate in other leisure and cultural activities.

7. Review of the Policy

This policy will be reviewed every three years. This review will include consultation with young people who are, or have been unaccompanied asylum seekers.

8. Terminology, Definitions and Legal Framework

An unaccompanied child (change to practice guidelines) is a person who is under the legal age of majority (18 years of age) and is not accompanied by a parent, guardian, or other adult, who by law or custom is responsible for him or her.
(Department of Health, Social Services Inspectorate, 1995)

A refugee is someone who leaves, or remains outside, his or her own country of origin "Owing to a well-founded fear of persecution, for reasons of: race, religion, nationality, or membership of a particular social group or political opinion".
(The 1951 United Nations Convention)

In the UK an asylum seeker is a person aged 18 or over, who has made a claim for asylum "that has been recorded by the Secretary of State, but which has not been determined". Or a person who has made a claim to remain in the UK under Article 3 of the European Convention on Human Rights.

A person who may be found not to meet the criteria of the 1951 UN Convention, but for whom removal from the UK is deemed to be unreasonable or impracticable, may be granted discretionary leave to remain (DLR) for a specified period of time to be reviewed upon expiry.

Article 20 of the UN Convention of the rights of the child states that "a child temporarily or permanently deprived of his or her family environment.......shall be entitled to special protection and assistance provided by the state".
(United Nations 1989)

Unaccompanied children seeking asylum in the UK have the same rights as adult asylum seekers to have their claims for asylum considered under the 1951 United Nations Convention and can be granted asylum upon demonstrating eligibility. A number of children are granted DLR as it is considered impractical or unreasonable to safely return them to their countries of origin.

Discretionary Leave to Remain (DLR) is for a specified period of time to be reviewed on expiry. It means that children and young people can settle in the UK and are entitled to benefits, permanent housing and higher education grants during this period of time and while they have any appeals awaiting a decision.

Indefinite Leave to Remain (ILR) is given for a period of 5 years and is followed by a review.

Status can be given indefinitely with no limited period.

National Asylum Support Service (NASS) was established under the Immigration and Asylum Act 1999 to carry out the task of supporting destitute adults including families who are asylum-seekers

Standard Acknowledgement Letter (SAL) and Application Registration Cards (ARC) Screening interviews are carried out, at the point of entry by an Immigration Officer or, for in-country applications, by the Home Office Immigration and Nationality Directorate (IND) at the appropriate Reporting Centre. Children are normally granted temporary admission to the UK and given a SAL or ARC confirming that they have applied for asylum.

Children Act 1989

Section 17(1)

It shall be the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need by providing a range and level of services appropriate to those children's needs.

Section 20(1)

Every local authority should provide accommodation for any child in need, who appears to them to require accommodation as a result of there being no person with parental responsibility for them.

Section 20(3)

Every local authority shall provide accommodation for any child in need within their area who has reached the age of 16 and whose welfare is considered to be seriously prejudiced if the authority does not provide him with accommodation.

Section 24

Where a child is being looked after by a local authority, it shall be the duty of the authority to advise, assist and befriend them with a view to promoting their welfare when they cease to be looked after by them.

Children (Leaving Care) Act 2000

Unaccompanied asylum-seeking children and refugees who are looked after are entitled to the same service as any other children who have been looked after when they leave care. The provisions of the Leaving Care Act apply to the following:

Eligible children: Children aged 16 and 17 who have been looked after for at least 13 weeks since the age of 14 and who are still looked after.

Relevant children: Children aged 16 and 17 who have been looked after for at least 13 weeks since the age of 14 and who have left care since 1st October 2001.

Former relevant children: Young people aged 18 - 21 who have been either eligible or relevant children since 1 October 2001 or both. If, at the age of 21, the young person is still being helped by her/his responsible authority with education or training, (s)he remains a former relevant child to the end of the agreed programme of education or training even if that takes him past the age of 21.

Where unaccompanied asylum-seeking children have yet to get a status they must be referred to the National Asylum Seeker Service (NASS) before they reach the age of eighteen. In cases where the child has discretionary leave to remain, their leaving care plan will take into consideration that they may be removed or lodge an appeal against being removed on or soon after their eighteenth birthday.

Learning and Skills Act 2002

Section 140

Under Section 140 of the Learning and Skills Act 2002 the Connexions Service has a statutory responsibility to carry out a 'holistic' assessment of what the additional support needs will be for any young person with LDD (Learning Difficulties and Disabilities) on leaving school, whether they have a statement or not. The assessment will identify these needs and the information will be passed on to the relevant training provider.

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