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Contents

1. Introduction
2. Who is an Unaccompanied Asylum Seeking Child?
3. Main Legislative Framework and Guidance.
4. Practice Guidance
5. Placement and Allocated Workers
6. Core Assessment, Planning and Review
7. Age Disputes
8. Transition at Aged 17 Years and Onwards
9. Missing UASC
10. Funding Support and Grant Payments.
    
    Appendix 1 - Guidance Flowchart
    
    Appendix 2 - Age Assessments

1. Introduction

Unaccompanied asylum seeking children (UASC) may be amongst the most traumatised and vulnerable children known to the department. Some may have witnessed the death of family members and may be entirely alone. Others may come from countries where the rule of law has broken down and where survival depends on trusting only immediate family. Such experiences mean that they will need time, space and help to begin to rebuild their lives.

The Department for Services to Children and Young People in Bradford, in partnership with other statutory agencies, voluntary and private organisations will strive to meet the needs of UASC within UK legislation and national policy frameworks.

Regardless of immigration status, the child or young person's needs should be considered as paramount and an UASC will be entitled to assessment as a child in need of care and protection under the Children Act 1989.

If the child or young person is to be 'looked after' they will be provided for under S20 of the Children Act and 'looked after children' guidance (Care Standards Act 2000, Foster Care Regulations 2001, Arrangements for Placement of Children Regulations etc.).

Where links and/or re-unification with family or friends are possible, we cannot discharge our responsibilities without a full assessment, following the process we use with all Children Looked After.

2. Who is an Unaccompanied Asylum Seeking Child?

The United Nations High Commissioner for Children defines unaccompanied children as: "those who are separated from both parents and are not being cared for by an adult who, by law or custom, has the responsibility to do so" (UNCHR (1994) Refugee Children: Guidelines of protection and care.)

The Home Office Immigration Nationality define an UASC as a person who, at the time of making the asylum application;

• Is, or (if there is no documentary evidence) appears to be, under eighteen;
• Is applying for asylum in his or her own right;
• Has no adult relative or guardian to turn to in this country; and
• Is fleeing persecution from their own country.

The Home Office Border and Immigration Agency (BIA) definition necessitates 'twin track planning' between the department and the BIA when working with UASC. (Home Office Immigration and Nationality Directorate Information Note on UASC 30.08.02)

3. Main Legislative Framework and Guidance

The Children Act 1989 places a responsibility upon Local Authorities to safeguard and promote the welfare of children and young people living in their area. When children in need are identified, an assessment of their needs should be undertaken.

The Human Rights Act, 1999 identified the following rights:

• The right to life.
• The right to liberty and security.
• The right to respect for private and family life.
• The right of freedom of expression, freedom of assembly and association.
• The right not to be discriminated against.

The Legislation detailed above constructs immigration controls and regulates the process of those seeking asylum within the country. A major factor for unaccompanied asylum seeking children is that the burden of proof is placed upon the applicant to evidence his or her asylum claim.

When considering our duties towards UASC The Hillingdon Judgement and Local Authority Circular (2003) 13 should be followed. In summary this means;

• All UASC should, on arrival be supported under S20 of the Children Act 1989, until assessment of needs has been completed.
• Based on assessed need, most UASC including 16 and 17 year olds who require accommodation should be provided with S20 support.
• The majority of UASC will be entitled to leaving care services.
• S17 can be used to support UASC in exceptional circumstances where an assessment of needs identified that to become looked after would not be in the UASC's best interests - for example if the young person strongly expresses aversion to becoming looked after.

The format for assessment of any UASC's needs will be the same as for any other child in Bradford. The process will follow that set down and in accordance with the young person's wishes, the department's Procedures Manual in accordance with the Quick Comprehensive Guide to the Common Assessment Framework.

The procedure for assessing any UASC's educational needs will be the same as for any other bilingual child in Bradford.

4. Practice Guidance

Specific considerations

The Department for Services to Children and Young People in Bradford holds responsibility for a UASC who is seeking asylum if:

• They enter the country via an air or sea port in the country
• They present first in Bradford as an 'in country applicant'
• They have family and/or another local connection and the department has agreed to support
• They are resident in another part of the country and Bradford retains its responsibility to support.

UASC Arrivals in Bradford

A child or young person can make asylum application to;

• An Immigration Officer at the point of entry.
• Or, in the case of children already in the UK, at one of the Border and Immigration Screening Units, or a Police Station.
• If a child is already in the UK and is picked up and detained by the Police, the Officer in Charge can make an application on their behalf and inform the Border and Immigration Agency (BIA.)
• Immigration will inform the local authority within whose jurisdiction the UASC is found.
• The nearest BIA Screening Unit is at Waterside House, Kirkstall Road, Leeds.
• A child/young person may present to Children's Services, they cannot make an application to Children's Services but need assistance to approach the Immigration Service or Police to do this.
• If we are unsure regarding the immigration status of a young person, the Immigration and Asylum Team (based within Adult Services) are able to check Immigration records.

It is at this stage that the 'twin track planning' asylum and child care processes start. (See Guidance Flowchart)

When a UASC has been identified either by the Immigration service or local Police;

• The local Assessment Team will be requested to provide a social worker to attend the first interview with the BIA. This should take place on the same day that the UASC either presents, or is detained.
• If an emergency placement is made by EDT there will not have been a first interview between the UASC and an Immigration Officer, therefore the assessment social worker will need to contact the BIA and arrange for the UASC to be interviewed.
• It is important at this stage for the Social Worker to obtain independent legal advice for the young person. Further independent legal advice will need to be sought to support the young person prior to their 18th birthday to complete the application for further leave to remain.
• The Assessment Team will undertake an Assessment. The young persons UASC status will need to be recorded - check if ICS able to do this.
• It is important to ensure that John Hobson in the Immigration and Asylum Team (Adult Services) is informed of the UASC so they can be registered with UASC register.

The worker must obtain as much essential information as possible with the support of an interpreter (where necessary). This information includes:

• Full name and age - check spelling.
• Nationality and country of origin.
• Religion.
• Information on first language and ability to speak and understand English.
• Names and addresses of possible contacts in the UK.
• If the child is travelling with anyone, siblings and friends, and if so, determine age as this may affect unaccompanied status.
• Events prior to arrival.
• Events post arrival.
• This information should be available through police or IND.

If the UASC arrives out of hours, and a first interview has taken place, the EDT team will obtain this information and ensure the relevant assessment team receives details.

When interviewed by an Immigration Officer, that officer will also obtain and record basic data on a IS96NW form, a copy of which will be given to the individual concerned. Any documents proving the young persons age must be taken/posted to the BIA case worker within 10 days of the first screening interview

Need to add information regarding substantive interview - substantive evidence form is taken away and completed by the young person and their legal representative and taken back to the BIA when the substantive interview takes place;

• The statement of Evidence Form (Minor)
• A Human Rights Form, and
• A letter asking the applicant to return to the Asylum Screening Unit in one month with the completed questionnaire, and Statement of Evidence form, completed to show they are claiming to be a minor.

Any documentation that requires to be taken away for completion can be posted back to: Border and Immigration Agency Yorkshire and Humberside Waterside Court, Kirkstall Road, Leeds, LS4 2QB Tel. 0113 341 2099 Fax 0113 341 1957 See the Border and Immigration Agency for more information The Immigration Officer should at this stage pass all information about the applicant to the Children's Panel of the Refugee Council. Practice has shown that the Immigration Officer does not always complete this process, therefore checks should be made with the Refugee Council to confirm that they have received the applicant's details. Refugee Council representatives in this area can be contacted on 0207 346 1143.

At the second immigration interview, known as the 'substantive interview' (legal representation is required for this interview) more substantive information will be sought from the child relating to his/her circumstances;

• Photographs and fingerprints (if aged over five) will also be taken.
• Legal and social support is required at this interview.
• Social support can be given by the Children's Services Department.
• Legal advice and support can be obtained from the Refugee Legal Centre 02077803200, Immigration Advisory Service at Carlisle Business Centre (01274 482588) and other organisations.
• The Police or BIA usually provide an interpreter for this interview, but to avoid delay, the social worker should always check that this resource is in place before attending the interview.
• The Social Worker must ensure, through the interpreter that the UASC has an understanding of what is happening, that this is in accordance with their 'wishes or feelings' and that they are given all the relevant paperwork by the Immigration Officer to evidence that they have 'permission to remain'.

Of the UASC's application is considered appropriate then an Application Registration Card (ARC) will be issued. This will contain personal information and give all necessary reference numbers.

A combination of the details held on the ARC and obtained during the initial contact with the child are necessary for the Special Grant Application for UASC, which is used to support the individual. These details are required by Finance to claim this grant.

The information is in the application will now have a critical bearing on all future processes and costings. If additional information provided at a later date changes status this needs to be processed through Immigration and Nationality Directorate.

5. Placement and Allocated Workers

The Hillingdon Judgement and subsequent guidance (LAC (2003) 13) makes clear that all UASC fall within the scope of S20 of the 1989 Children Act. All placements should reflect the assessed needs of the child or young person, although it is acknowledged that needs may change as the assessment progresses and an alternative placement may need to be found.

The department will strive to match the assessed or perceived need as follows:

• All UASC will be accommodated under S20 - in a suitable placement in accordance with their age and assessed needs.
• In very exceptional circumstances, children over the age of 16 may be supported under S17, this decision must be endorsed by PCM.
• If not accommodated under Section 20: Young people are not entitled to care leaver status.
• If granted Refugee status/Further leave to remain the young person will be entitled to access the welfare benefits system.

Following Assessment by the local assessment team, the completed assessment will inform the UASC's care plan;

• All children less than 16 who are looked after, will be allocated a case worker in the LAC team.
• Those aged 16+ will be allocated to a worker from the Leaving care team /UASC worker.
• Those who are assessed as not being looked after will be allocated to UASC/LCS worker if 16+ or YPFT if under 16 (e.g. if the situation is assessed as a private fostering one)

The allocated worker will complete further assessments and put the care plan into action The Independent Reviewing Officer will review looked after children in the same way as for any other looked after child.

All payments with regard to UASC need to be coded to a separate financial code. John Hobson in the Immigration and Asylum Team will provide workers/managers details of the appropriate codes.

Where there is a dispute/uncertainty about the young person's age, a risk assessment should be undertaken to minimise the potential dangers to vulnerable others already in placement, and the welfare and emotional wellbeing of the young person to be place. Immigration Officers can refer UASC to a doctor if there is a doubt about age, in practice Immigration Offices most often record 'age' claimed and date of birth 'claimed' on their paperwork. See procedures/guidelines re: Section 7, Age Disputes.

Health Needs

• The department does not hold parental responsibility for an UASC, unless it first seeks a Care Order, and does not therefore hold authority to authorise prophylactic treatment or other invasive medical procedures.
• Where a child is over 16 years the law states that they are competent to consent to medical treatment.
• The individual themselves may consent to medical treatment and the decision to proceed with treatment will be made by health professionals in consultation with the child or young person.
• Where a child is under 16 years the health professional will consider the child's competency to give informed consent under Fraser guidelines.
• Health professionals may determine that a child under 16 years is not competent to give consent.
• If treatment is required and no consent from the child or young person can be obtained either because consent is withheld, the child is not deemed to be competent to give consent or cannot be obtained because of medical emergency, again the decision to treat or otherwise will be made by health professionals who will again consider the competency and how necessary the treatment is in accordance with the law and health policy.
• The "Children Looked After Health Policy" must also be followed for UASC.

For purposes of financial procedures and care planning the birth date of the UASC will be that recorded on home office records. (See also Section 7, Age Disputes onwards.)

6. Core Assessment, Planning and Review

Core assessment informs more appropriate care planning. It must be managed sensitively to reduce fear, anxiety or confusion. Ethnic origin and life experiences before arrival in this country will influence personal development and may impact on visual or emotional presentation.

Enabling the UASC to be part of the assessment process is extremely important as in most cases they will be the major source of information. Consideration must therefore be given to securing an interpreter with the level of skill and experience necessary to support the individual to understand why an assessment is necessary, and what will happen. Consent to gather or share information with another agency must be obtained.

Education and training

As far as admission to school or college is concerned, UASCs have the same rights as other children coming to this country. For young people of compulsory Education Age contact Education Bradford (Anna Jaswilowisz 01274 385792). For those 16+ Naheem Alam is Connexions PA with specialist knowledge of UASC 01274 379400. It is also appropriate to contact those with responsibility for LAC such as Ewen Godfrey, LAC and LCS Connexions PA's etc.

Assessment Planning and Review specific issues

• The majority of these young people will feel isolated without family or friends in this country.
• Educational attainment will vary greatly, depending on their country of origin, previous formal education and fluency in speaking and comprehension of English.
• Health problems may not have been diagnosed due to limited health services in their country or origin.
• Experience of prejudice against asylum seekers.
• Feelings of uncertainty and anxiety whilst their claim for asylum is considered.
• The young person may have suffered torture and be traumatised by this abuse.
• It is useful to have background information about the young persons country of origin.

All children looked after may experience difficulties because of their situation, the combination of the above factors can only compound the specific vulnerability of UASC.

7. Age Disputes

Assessment of age is a key factor in the assessment of need and subsequent delivery of appropriate services to UASC. Services offered to those over 18 may differ from those offered to persons under 16.

When requests for services are received, age must be addressed as an integral part of the initial assessment of need. This is so that eligibility for services is determined accurately and appropriately.

BIA policy, where an applicant claims to be under 18, but his or her appearance strongly suggests that he or she is over 18, is to treat the applicant as an adult and offer support under the National Asylum Support Service (and they would not be UASC). The decision can be challenged by the person claiming to be a minor. An age assessment provided by a social worker must be obtained and it is essential that this assessment is completed with the help of a skilled interpreter.

The case of R v Merton LBC (2005) deals with the dos and don'ts of age assessment Children's Services Department must undertake their own age assessment and ensure that there are clear reasons for the conclusion. This policy is drafted in line with guidance contained within that case.

Prior to attending the first interview, the social worker will obtain as much background information as possible, including the views of the immigration officer, all medical data collected at the initial medical examination and any other additional evidence of family or other contacts in this country. Components of the assessment should include:

• Physical presentation (pen picture, physical development, clothing.)
• Social presentation (observation on behaviour, interactions/relations with others, self care skills, level of coping.)
• Family composition/demographics.
• Education (history and achievements.)
• Health (growth and development, findings from medical and dental checks.)
• The history given by the child or young person, and an examination of credibility of the history given.)
• Any other professional views.

The age assessment should be recorded on the appropriate document format with clear and concise wording which demonstrate the evidence upon which the local authority seeks to rely. Any piece of evidence which is presented by the young person must be considered and reasons for accepting or dismissing it must be clearly recorded. The assessor must give the young person the opportunity to respond to any conclusions she/he makes about the evidence offered by the young person, and the detail of this must be recorded.

Once the assessment has been completed, a meeting must be convened to share the findings with the young person and their representative. The meeting will decided upon the level of service to meet the assessed need and whether or not other agencies need to know the outcome of the assessment. The young person must demonstrate a clear understanding of the process and if there is any doubt because of language or other difficulties these must be addressed. A letter setting out the final decision must be provided to the young person and evidence which forms the basis of this decision must be included. This will allow the young person the opportunity to challenge any issues which they may feel has been wrongly recorded.

Mechanism of appeal for young person within the LA - if the young person wishes to contest any of the issues raised within the assessment or decision letter, this could be done initially in discussion with their worker and if necessary with the workers manager. If the young person continues to be unhappy they should be given information about the complaints procedures. Complaints leaflets should be given to UASCs and where possible in their own language.

There should be three levels to the assessment when a UASC's age is in doubt, when the following information should be considered;

Level 1 (immediate assessment at point of entry). The young person's given information/appearance (pen picture, physical development), views of other professionals, medical advisor, immigration officer, social and education information.

Level 2 (by the end of the initial assessment) when the assessing social worker and carer have undertaken a more detailed assessment of the young person's social, emotional and behavioural presentation over a short period of time, and a second medical opinion has been obtained namely from a health professional.

Level 3 (by the first CLA review) when the assessing social worker and carer have undertaken a more in depth assessment of the young person's needs and will include information on:

Physical presentation - include pen picture, physical development, observations of clothing, evidence of financial resources.

Social presentation - to include observations of behaviour, interactions with others, self care skills.

Emotional and behavioural presentation - to include observations of relationships with others, evidence of anxiety or worries, being harmed, or the fear of harm.

Medical assessment - to include the findings of a comprehensive medical examination.

This must be available to the first review as a written report.

IT IS VITAL THAT THE AGREED AGE OF THE YOUNG PERSON IS ENTERED ON ICS AND ALL APPROPRIATE RECORDS.

If two professionals agree the young person is older than stated, and the young person is unhappy about this assessment the social worker should explain to the young person the reasoning for this decision. If they are still not happy a 'resolution meeting' chaired by a manager where young person is present should be held. The young person will have access to the normal complaints procedure and can seek advice and support from other agencies.

A resolution meeting would have the purpose of determining the level of need of the UASC and where it is thought it should be appropriately met. If this is from an alternative service, the social worker will make a referral.

8. Transition at Aged 17 Years and Onwards

Under the New Asylum Model, young people granted DLR (Discretionary Leave to Remain) on arrival must resubmit their claim for asylum before reaching the age of 17 years and 6 months. Young people should be reminded of this by their solicitor and assisted in attending any appointments by their worker who may wish to liaise with their BIA (Border and Immigration Agency) case manager. The intention under the New Asylum Model is for decisions about this application to be made by the time of the young person's 18th birthday.

Where applications are granted, young people may be given ILR (Indefinite Leave to Remain) or further DLR (Discretionary Leave to Remain) for a specified period (normally 5 years).

Where applications are refused, young people will be informed that they are liable to be detained and deported and that they are required to report weekly to a police station. Young people may have the choice of voluntary repatriation at age 18 or over or may become subject to physical detention awaiting removal. Solicitors may suggest further action such as a legal challenge to a decision or an application for HP (Humanitarian Protection). Having refused an application, the BIA may be unable to deport some young people to certain countries or some parts of certain countries due to conditions in the prevailing conditions in that country or region or due to entry requirements by a particular country. For young people whose applications have been refused, this is likely to be a very difficult, anxious and confusing time.

Whether applications are granted or refused, young people who have gained care leaver status through being Looked After remain entitled to the support applicable to that status and most will become Former Relevant care leavers on attaining the age of 18, continuing to be entitled to support from a personal adviser and the maintenance of a pathway plan based on their needs.

Where applications are granted, young people should be entitled to work, train, receive benefits and access accommodation in the same way as other Former Relevant care leavers. Where applications have been refused or not yet decided, young people at 18 can apply to BIA asylum support (NASS) to meet their basic needs (accommodation and maintenance) and, if granted, BIA should continue to pay the local authority to continue supporting the applicant rather than disperse the young person to other areas of the country. Where support to meet basic needs is refused, the local authority may need to use discretionary powers under the Leaving Care Act to provide accommodation and maintenance. In either case, young people will continue to be entitled to other provision relevant to their care leaver status under the leaving care payments scheme as agreed in their pathway plan and its review.

Where young people are "legacy case" (i.e. have had applications for asylum considered prior to the introduction of the New Asylum Model), time scales will be different from the above and attention should be given to the requirements of each case on a case by case basis.

As with other care leavers, support under the Leaving Care Act continues up to the age of 21 and or beyond where a young person is in higher education or taking part in an agreed programme of education.

9. Missing UASC

UASC are vulnerable to 'people traffickers'. They are often targeted, recruited or coerced into the sex industry or the 'slave trade' (indentured service).

When any UASC goes missing, or does not go where they are expected to go, the Police must be contacted and all available information given that may lead to the child or young person being recovered.

IND must be informed as they hold a current photograph and finger print record. Details of the missing UASC will be posted on the UASC index. This will ultimately be part of the national Child index for England and Wales.

UASC have the same rights as other CLA who are missing children. The case must not be closed until the missing young person's whereabouts is known, they have not been recovered, or they reach the age of 21, whichever is sooner. As in the Care Leaving Care Act 2000, the team must make every effort to re-engage the young person until they are 21.

When a missing UASC is located, it may appear that the young person is willingly involved in the sex industry or as an indentured worker, but this must be carefully explored as the UASC may be paying back a debt of honour, and it may put them or their family of origin at risk if they do not continue to co-operate. They should be viewed as at risk, and continuing efforts should be made to protect them and their family of origin. This requires a specific S47 investigation, a strategy meeting with the Police and agreement about how to proceed.

10. Funding Support and Grant Payments

A prior application for asylum must be made by the UASC to establish any grant entitlement. (See Financial Procedures Unaccompanied Asylum Seeking Children)

Appendix 1 - Guidance Flowchart

Guidance for Supporting Unaccompanied Asylum Seeking Children (UASC)

Click here to view the Guidance Flowchart

Appendix 2 - Age Assessments

A UASC's age is a key part of the information needed when making an assessment of need and subsequently for the appropriate provision of service. The Age Assessment form is Form 1. It is recommended that the Mandatory Practice section of this policy is read before undertaking the Age Assessment.

It is important to explain to the UASC that an assessment must be undertaken to identify what services will be provided.

Assessment of age is a complex task and not an exact science. Young people attempting to portray a different age from their true age in an attempt to access the county's Looked After Children Services complicates this further.

In completing the assessment is mindful that the UASC has the right to legally challenge the conclusion.

Assessing fieldworkers should assess from a holistic perspective, and in light of the information available. It is a process of professional judgement and a particularly sensitive issue involving many variables; not least the fieldworker's ability to understand the cross-cultural issues that might apply.

Decisions on age assessments are sometimes required in a short time. Where there is uncertainty, the benefit of doubt should always be the standard practice.

The age assessment will form part of the initial assessment.

Two suitability competent & experienced fieldworkers will undertake the age assessment of an UASC observed if available by a representative either paid or volunteer who is familiar with the age assessment process.

Assessing fieldworkers should explain their role clearly to the UASC. Attention should be paid to tiredness, trauma, bewilderment and anxiety of the UASC.

It is important to be mindful of the 'coaching' that the UASC may have had prior to arrival in how to behave and what to say. It is important to engage with the UASC and establish as much rapport as possible.

Assessing fieldworkers should inform the UASC that they will have to answer many questions and that it may be difficult and distressing to answer some of the questions.

It is not expected that Form 1 should be completed systematically going through each section, but rather by a semi-structured discussion gathering information at each stage.

Fieldworkers should use open-ended, non leading questions. The use of circular questioning (see Definitions) is a useful method, as it is less obvious to the person being assessed that the questions relate directly to age, and hence may reveal a clear picture of age related issues.

In determining age, note should be made that some societies do not place a high level of importance on age and may calculate it in different ways. Some children will genuinely not know their age, and this can be misread as lack of co-operation. Levels of competence in some areas or tasks might not mirror our expectations of a child of the same age.

It is essential to feed back to the young person the conclusion of this assessment using a completed Form 2.

For further guidance please refer to the Children's Legal Centre

End