2.7 Unaccompanied Asylum Seeking Children

If UASC are assessed as requiring accommodation arranged by the local authority they are Looked After Children (LAC) under Section 20 CA 89. As such they are entitled to the full range of services available to LAC and provided through CYPSC and the partner agencies, including the provision of support for care leavers under the Children Leaving Care Act 2000.

Having taken account of a child's wishes, a local authority might decide that the child is competent enough to look after him/herself. In such cases, local authorities may legitimately use Section 17 for support instead of Section 20.

If UASC are placed with extended family (not a close relative as defined by CA 89), friends or strangers in an arrangement made by their parents then they are privately fostered. The local authority must be informed by the parents and the carers, and has to satisfy itself that the welfare of privately fostered children will be satisfactorily safeguarded and promoted by the arrangements made, See Private Fostering Procedure and consult with the private fostering officer.

Referrals are made to the LCC Call Centre and also direct to the Children's Asylum Seeking and Refugee Team (CART) by the Police, the Immigration Service and the Refugee Council. Where a request for service is received directly the duty social worker will check to see if there is a request for service record on ESCR and, if there is not, will telephone the Call Centre to request this as soon as possible.

The procedure for children and young people referred to CART differs from that for all other referrals to CYPSC because the referral, assessment and care management processes commence simultaneously as soon as the referral is received. All referrals indicate that a child is waiting to be collected and that it is likely that arrangements need to be made for accommodation on the same day.

Check the National Register for Unaccompanied Children (NRUC).

If the child is known to another local authority:

• Establish whether overnight accommodation is required.
• If so arrange for this.
• Reclaim the expenditure.
• Arrange for return to the relevant authority.

The ADSS Age Assessment Protocol is followed using the UASC Age Assessment Form produced as part of this process.  Consent must be obtained using the form in the leaflet 'Explaining Assessments' - Information for Parents / Information for Children.  A photograph must be taken at the time of the assessment and attached to the age assessment form.

Age Assessments have to be prioritised and completed the same day wherever possible, If this is not possible overnight accommodation is provided and the assessment completed the next day. It is best practice to consider the young person's emotional and physical presentation at this time to ensure that the assessment is not undertaken when the young person is feeling unwell.  The assessment must be credible and open to legal scrutiny.

All assessments must be undertaken using Leeds Central Interpreting and Translation Unit (CITU) approved interpreters except when English is fluently spoken. The interpreter must be conversant in the child's first language, and care should be taken to ensure that the interpreter knows the correct dialect.  The interpreter must be able to interpret fully with regard to gender issues and matters of a sensitive nature.  It is important that the young person can understand the interpreter that is engaged. The Team Manager must be informed if an appropriate interpreter is not available.

This assessment is part of the Initial Assessment and is necessary in order to establish need and so provide the appropriate service. It is a complex process involving many variables and requiring an especial awareness of the cross-cultural differences that are taken into consideration during the analysis of the information obtained.

Age assessments can be further complicated by young adults attempting to portray a different age from their true age in an attempt to gain Looked After status..  Look out for 'coaching' that the young person may have had prior to arrival in the UK, i.e. how to behave and what to say. This is also important in relation to identifying UASC who may be trafficked  (see Section 7, Safeguarding UASC).  It is important to engage with the young person and establish as much rapport as possible. Be aware of body language and the different expectations that different cultures will have. For example, maintaining eye contact can be a sign of respect or disrespect. Gender issues must also be taken into consideration.

Most UASCs are likely to have had traumatic experiences both in their home country and on their journey here.  Clear information and guidance needs to be given during assessments:

• explain to the young person that an age assessment must be undertaken to identify what services will be provided.
• explain your role clearly to the young person and emphasise that you are independent of the UK Border Agency (UKBA) and the police and are purely there to establish age and decide which agency is the best one to provide support to the young person whilst they are in the UK.  That you are not a decision maker in the asylum application process.
• inform the young person that they will have to answer many questions and that it may be difficult and distressing to answer some of them. Let the young person know that they can take breaks and request refreshments.
• attention should be paid to the tiredness, trauma, bewilderment and  anxiety of the young person.
• advise the young person that copies of the assessment could be made available to their solicitor, the Refugee Council (RC) and the UK Border Agency (UKBA).

Social workers use their professional judgement to assess holistically in the light of the information available. Decisions on age assessments are required quickly and where there is uncertainty, the benefit of the doubt should always be the standard practice. The young person has the right to legally challenge the conclusion and should be informed of this.

It is not intended that the UASC Age Assessment Form should be completed systematically going through each section, but rather by a semi- structured discussion gathering information at each stage by the use of open-ended and non leading questions. Obtaining information by circular questioning will assist the assessment by noting perceptions of differences in relationships over time. This works by obtaining detailed descriptions of how the young person relates/ related to other people and to the world. It is less obvious to the person being assessed that the questions relate directly to age, and hence may reveal a clearer picture of age related issues.

Some societies do not place a high level of importance on biological age and calculate age in different ways.  Some children will not know their biological age, and this can be misread as lack of co-operation. Levels of competence in some areas or tasks might not mirror European expectations about a child of the same age.

At the completion of your assessment :

• inform the young person of your conclusion and give a copy of the  assessment
• input ESCR with the assessed age
• input ESCR and inform with any amended details about their name, etc.

If assessed as being over 18:

• refer to RC
• offer to inform their solicitor
• send a copy of the assessment  to UKBA, (this requires the consent of the young person).

If assessed as being under 18, notify administration support staff who will advise the following agencies of their age and that they are LAC:

• RC
• UKBA
• LAC Health Team, LAC Reviewing Team and the Children's Services Finance Team.

16 - 18s are referred for shared housing or emergency accommodation. Under 16s are referred to Resources using form CC6.

Information for the assessments is collected right from the start of CART's involvement. The first opportunity is likely to be during the age assessment.  Acting as an appropriate adult at the immigration and solicitor appointments will produce further information for recording as part of the assessments. From the first point of contact CART staff will prepare UASCs for the outcome of their application for asylum by triple planning (See Section 6, Triple Planning.

The particular needs of UASC are established by the standard assessment framework and recorded using the Integrated Children's System format and ESCR:

'The assessment framework is predicated on the principle that children are children first, whatever may distinguish some children from others.'

'From referral through to core assessment, intervention and planning, race and culture have to be taken account of using an holistic framework for assessment.'

Framework for the Assessment of Children in Need and their Families, Department of Health, 2000, page 26.

A number of additional factors need to be considered, which would usually not apply. Particular sensitivities for the young person include:

• anxiety about legal status
• worries raised by yet another professional asking similar questions
• lack of understanding and trust regarding the role of social care as distinct from the police and UKBA.
• why assessments are needed
• traumatic experiences impacting on physical or psychological health
• the journey itself as well as the previous living situation may be a source of trauma
• the shock of arrival: the alien culture, systems and language can cause shock and uncertainty, and can affect the mood, behaviour and presentation

In these circumstances, reluctance to give information, fear and confusion can easily be mistaken for lack of co-operation or deliberate withholding of information.

Particular note should be made of :

• Health, behaviour and social presentation can be affected by trauma. Famine and poverty can have an affect on development
• Education: What has school previously meant to this child? Do they have concerns about "fitting in" at a school or fear of racism/bullying?
• Self Care Skills: Do not judge competence compared with a child of the same age in this country. The child might be very able in self-protection but not very able other basic skills such as cooking. Some children might have been working, or part of direct armed conflict in their country of origin. Loss of a parent can enhance or deprive a child of skills.
• Identity : Who is this child?
• Physical appearance: Life experience and trauma can affect this, as well as lack of nourishment, which can make a child look older or younger.  Children from other certain ethnicities may develop facial hair at an earlier age in comparison to European children for example.
• War, famine or persecution can make a family mobile - they may have moved frequently to keep safe. The stability of the family unit might be more important to the child than stability of place. Judgements that mobility might equate with poor parenting capacity could be entirely wrong.
• The fact that a child seems to have been given up by a parent may not imply rejection; the motive may have been to keep the child safe or to secure better life chances.
• Talking about parents or family might be extremely painful or stressful for the child.
• It is important for the assessor to recognise the differing role of extended family and communities in other cultures, and not maintain a eurocentric view of 'family'.

The first task of assessment with the child is engagement. Open questions are most helpful, with clear emphasis on reassurance and simple explanations of the role and reasons for an assessment. Engagement is more likely to lead to opportunities to build on the initial contact.

Ensure the child is seen alone, particularly to check out the stated relationships with any person accompanying them (Section 7, Safeguarding UASC). Keep control of the interview and be mindful of interpreters who appear to be doing more than interpret.

The assessor must not assume that a parent abroad cannot be contacted, and must be pro-active in seeking to do this. Caution is however required in carrying out this action as the notification of an UASC to another country may result in action being taken against those relatives remaining. The Red Cross Tracing and Messaging service is a confidential service that can be offered.

Seeking information from abroad should be viewed as a routine part of the assessment process. All agencies should be prepared to make  enquiries from their counterparts in the country of origin whenever practicable. Information on who to contact can be obtained via the Foreign and Commonwealth Office (FCO) on 020-7008 1500, or via the  appropriate Embassy or Consulate. A list of these can be obtained from the London Diplomatic List (ISBN 0 11 591772 1) obtainable from the Stationery Office on 0870-600-5522, or via the FCO website.

Use documentation the child has from their country of origin/previous country such as benefit letters, ID cards, letters from doctors/hospitals or from other social services. Where an address in a town abroad is known, contact International  Telephone Directories (dial 155) and ask for the main town hall. They should have details of local offices. Recipients abroad tend to respond faster to emails or faxed requests.

Any documentation received must be given to the legal representative for authentication to avoid fraud.

Initial Assessments are completed within five working days and Core Assessments within 35 working days.

All UASCs provided with accommodation under Section 20 CA 89 are Looked After Children. The relevant procedures are CS 5.1 - 5.8, and 8.1 for Care Leavers.

UASCs coming up to 16 years old and those who are 16 - 18 years old have a Pathway Plan to prepare for the transition period to adulthood.

Support for young people turning 18 is especially important for UASC as they need to be prepared by triple planning for the three  possible outcomes of their asylum applications by their Plans :

• they have been given some form of leave to remain in the UK.
• they are refused leave but are not returned (because it is to a country where the UK government has no diplomatic route to get them back).
• they are to be returned to their country of origin.

Research indicates that significant numbers of UASCs have also been trafficked. Some of these children go missing and back into the care of the traffickers before being properly identified as victims of trafficking. The police must be informed straight away and the procedure in the Missing from Care Protocol followed.

At all stages of the assessment process and in subsequent work with UASCs the possibility of trafficking and the need to safeguard young people has to be considered.

As soon as suspicions are raised that a child is being trafficked, Child Protection procedures are followed. Inform and liaise with the police and use a Strategy Discussion to plan the investigation. (See Consortium Procedures, Safeguarding Children who may have been Trafficked and Core Assessments (Including Section 47 Enquiries) Procedure)

Where it is believed the UASC has been trafficked, assessing the child's vulnerability to continuing influence and control by traffickers is part of the process.

In order to minimise the risk of trafficked children becoming re-involved:

• Do not divulge the location of the child until thorough investigation by social worker in conjunction with the  police and immigration.
• Ensure vigilance of foster carers, residential care staff and CART.
• Share information effectively between agencies upon receipt of information that is concerning or suspicious.

The social worker should attempt to make contact with the child's parents in the country of origin to verify the identity and to discuss the future of the child whilst being mindful that the parents may have sold the child to traffickers.

All agencies must work together to verify the identity of anyone approaching the local authority as a potential carer, friend or member of the family.

If the child is believed to have been trafficked the assessment should include :

• How the local authority intends to safeguard the child.
• Contingency plans should the child go missing.

This substantive interview usually forms the key part of deciding an asylum application. During the interview, the asylum seeker is expected to disclose all relevant information.  There will be two appointments:

• The screening interview will focus on the young person's method of entry and an explanation of how to claim asylum. 
• The substantive interview will focus on the statement that the young person has previously completed with their legal representative detailing their grounds for asylum.  The UKBA caseworker will interview the young person and ask them questions in relation to this statement and their grounds for asylum.

UASCs should always attend an interview with an appropriate adult.

• Appointments are emailed directly to the social worker / senior practitioner.
• Failure to attend the interview can result in a non-compliance refusal (claim denied).
• The young person's legal representative will attend the interview, but only as an observer.
• It is common practice for the young person's legal representative to bring their own interpreter to the appointment, not to act as advocate, but to point out any problems or inconsistencies in interpreting.  It is at the end of the interview that any interpreting discrepancies are discussed.
• Asylum applicants are strongly recommended to ask for a copy of their interview record.
• At the end of interview, the applicant will be asked to sign a copy of the interview record. However, they are not obliged to do this if unhappy or unclear about its contents. Refusal to sign does not result in a non-compliance refusal.

Those who attend school or college for 16 hours or more will receive an incentive allowance.  For those studying less than 16 hours the cost of a weekly bus pass will be added to their weekly allowance.

UASCs who are parents receive an allowance for each child they are looking after.

When UASCs are moved from emergency accommodation to live independently, ensure that the grant form is completed with their name, date of birth, ESCR number, the address they have moved to, and state the purpose of the allowance with the correct weekly sum. The grant form will be authorised by the team manager and then sent to Head Office: Boarding Out, for payment. This may take up to two weeks to be processed.

UASCs below 18 years old are entitled to birthday allowances with a final birthday allowance being made at the age of 18 years.  A Christmas or Eid allowance is also provided.

UASCs rising 18 years and post 18 years:

With a decision on their asylum application giving leave to remain in the UK ensure that an application for Income Support or Job Seekers is made as soon as possible.

Without a decision :

• a NASS application is made 12 weeks before their 18th birthday. This will enable the finance officer to apply for reimbursement.

Under 16 UASCs are referred to Education Leeds Admissions and to the Head of Extended School using the 'New to Country' application form without filling in the school preference

Admissions oversee an equitable distribution of UASCs across all areas and will ensure that all schools are accessible to UASCs. Admissions inform CART of the allocated school, admission date and the member of staff to contact at the school.

The social worker contacts the identified staff member and arranges the admission meeting. At this meeting arrangements for the personal education plan ( PEP ) meeting should be discussed and if possible linked with the first care review.

The social worker will complete a grant form requesting school uniform and any  other school requirements.

Administration support staff will apply for Breeze, MAX and library cards.

It is important to identify resources used by other members of same language communities and to address cultural and faith issues.

If under 16:  administration support staff will notify Child Health on form CC7 and request the Health Needs Assessment using BAAF Form 1HA at the same time.

If over 16: administration support staff will send CC7 to the LAC nursing team. For all ages record the due appointment date on ESCR.

Registration with GP: social welfare officers take young person with a letter of introduction to practice near their accommodation. Give or send GP the immunisation guide form.

All UASCs are eligible for leaving care services (Leaving Care Procedure does not apply as all UASCs remain in the CART).

The process of triple planning (see Section 6, Triple Planning) is continued throughout the transition period and continues after the young person reaches 18.

Six weeks before the 18th birthday:

If no outcome of asylum application:

• Complete a NASS application
• Give ongoing support

If UASC has either refugee status or limited leave to remain:

• Apply for Income Support or Job Seekers Allowance.
• Apply for Housing Benefit.
• Apply for Housing
• If limited leave - remind young person to see solicitor and apply for extended leave.