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282 <h2>
282 Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery
282 </h2>
284 </div>
287 <div id="scope_box">
288 <h3>
288 RELATED CHAPTERS
288 </h3>
289 <p>
289 <a href="http://www.londoncp.co.uk/chapters/sg_trafficked_ch.html" target="_blank"
rel="noopener">
289 London Child Protection Procedures, Safeguarding Trafficked and Exploited Children
289 </a>
289 </p>
290 <p>
290 <a href="files/modern_slavery.pdf" target="_blank" rel="noopener">
290 Modern Day Slavery - Bexley Strategy and Toolkit
290 </a>
290 </p>
291 <p>
291 See also:
291 <a href="#further">
291 Section 10, Further Information
291 </a>
291 .
291 </p>
292 <h3>
292 AMENDMENT
292 </h3>
293 <p>
293 This chapter was updated in October 2019 when a new
293 <a href="#suitable">
293 Section 6, Suitable Placements
293 </a>
293 was added. Details of the National Transfer Scheme Protocol for Unaccompanied Asylum Seeking
Children Version 2.0 March 2018 were added into
293 <a href="#introduction" target="_blank" rel="noopener">
293 Section 1, Introduction and Definitions
293 </a>
293 .
293 </p>
294 </div>
295 <div id="sections">
297 <h3 id="sections_list">
297 Contents
297 </h3>
298 <ol>
299 <li>
299 <a href="#introduction">
299 Introduction and Definitions
299 </a>
299 </li>
300 <li>
301 <a href="#responsibilities">
301 Responsibilities of the Local Authority
301 </a>
302 </li>
303 <li>
304 <a href="#manage_case">
304 Managing the Case
304 </a>
305 </li>
306 <li>
307 <a href="#assessment">
307 Assessment
307 </a>
308 </li>
309 <li>
310 <a href="#provision">
310 Provision of Services
310 </a>
311 </li>
312 <li>
312 <a href="#suitable">
312 Suitable Placements
312 </a>
312 </li>
313 <li>
314 <a href="#withdrawal">
314 Withdrawal of a Service
314 </a>
315 </li>
316 <li>
317 <a href="#ucm_18">
317 Unaccompanied Child Migrants Reaching the Age of 18
317 </a>
318 </li>
319 <li>
320 <a href="#review">
320 Review of Services
320 </a>
321 </li>
322 <li>
322 <a href="#asylum">
322 Asylum Process - Possible Outcomes
322 </a>
322 </li>
323 <li>
323 <a href="#further">
323 Further Information
323 </a>
323 </li>
324 </ol>
325 <h3 id="introduction">
325 1. Introduction and Definitions
325 </h3>
326 <p>
326 This chapter should be read in conjunction with the following government guidance:
327 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statut
ory_Guidance_2017.pdf" target="_blank" rel="noopener">
327 Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance
for Local Authorities, November 2017
327 </a>
327 which sets out the steps local authorities should take to plan for the provision of support for
Looked After Children who are unaccompanied asylum seeking children (UASC), unaccompanied migrant
children or child victims of modern slavery including trafficking. Elements of this guidance will
also be relevant for the care of looked after UK nationals who may also be child victims of modern
slavery. It does not provide detailed guidance on steps that local authorities should take, in
partnership with other agencies, to identify and protect child victims of modern slavery,
including trafficking, before they become looked after. This is described in practice guidance:
327 <a
href="https://www.gov.uk/government/publications/safeguarding-children-who-may-have-been-trafficke
d-practice-guidance" target="_blank" rel="noopener">
327 Safeguarding Children who May have Been Trafficked
327 </a>
327 .
327 </p>
328 <p>
328 For information on where Unaccompanied Asylum Seeking Children should be placed please refer to:
328 <a
href="https://www.gov.uk/government/publications/unaccompanied-asylum-seeking-children-interim-nat
ional-transfer-scheme/unaccompanied-asylum-seeking-children-uasc-national-transfer-scheme-question
s-and-answers" target="_blank" rel="noopener">
328 National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children Version 2.0 March
2018
328 </a>
328 .
328 </p>
329 <p>
329 The protocol is aims to ensure that unaccompanied children can access the services and support
they need. It forms the basis of a voluntary agreement made between local authorities in England
to ensure a more even distribution of unaccompanied children. It is intended to ensure that any
participating local authority does not face a disproportionate responsibility in accommodating and
looking after unaccompanied children, pursuant to its duties under parts 3, 4, and 5 of the
Children Act 1989, simply by virtue of being the point of arrival of a disproportionate number of
unaccompanied children. The scheme is based on the principle that no local authority should be
asked to look after more UASC than 0.07% of its total child population, (according to the Office
for National Statistics' 2016 mid-year population estimates).
329 </p>
330 <p>
330 The cohort of unaccompanied migrant children and child victims of modern slavery includes a wide
range of children in a variety of circumstances that a local authority will need to be aware of in
order to ensure that the child receives appropriate legal advice and support. Some will have been
trafficked or persecuted and may have witnessed or been subject to horrific acts of violence.
Other migrant children may have been sent in search of a better life, or may have been brought to
the UK for private fostering and subsequently exploited or abandoned when the arrangement fails.
330 </p>
331 <p>
331 There are a wide range of status possibilities for migrant children that the local authority will
need to be aware of. In brief, the following categories regarding status are the most likely to be
encountered. However this list is not exhaustive and legal advice should be sought wherever there
is uncertainty about a migrant child's status.
331 </p>
332 <p>
332 Categories of unaccompanied children include:
332 </p>
333 <ul>
334 <li>
334 <span class="bold">
334 Unaccompanied asylum seeking children
334 </span>
334 : children who are claiming asylum in their own right, who are separated from both parents, and
who are not being cared for by an adult who in law or by custom has responsibility to do so.
Some will not qualify for asylum but may require 'humanitarian protection' (where an individual
is found not to be a refugee under the Refugee Convention but they are nevertheless at risk of
serious harm on return to their country of origin - see
334 <a
href="https://www.gov.uk/government/publications/safeguarding-children-who-may-have-been-traffic
ked-practice-guidance" target="_blank" rel="noopener">
334 Home Office Guidance on Humanitarian Protection
334 </a>
334 ). Others may not qualify for any leave to remain in the UK. Their status will be determined by
the Home Office;
334 </li>
335 <li>
335 <span class="bold">
335 Unaccompanied migrant child not seeking asylum
335 </span>
335 : a child who is not seeking asylum because their reasons for being here are not connected to
seeking protection, or who may be undocumented, or is not seeking asylum because they have not
been advised of the need to do so. The child may be separated from both parents and is not being
cared for by an adult who in law or by custom has responsibility to do so;
335 </li>
336 <li>
336 <span class="bold">
336 Unaccompanied EEA national child
336 </span>
336 : a child who is a national of a European Economic Area country and who has entered the UK with
a family member and has been separated from them, or has entered independently. They have a
right to reside in the UK for an initial period of 3 months. After this time, an EEA national
child will only have a right to reside in the UK if they are exercising their free movement
rights or they are the family member of an EEA national exercising free movement rights in the
UK;
336 </li>
337 <li>
337 <span class="bold">
337 Asylum seeking child
337 </span>
337 : a child who is in the UK with family members and may have been transferred to the UK under the
Dublin III Regulation to join a close family member and have their claim for asylum processed
here.
337 </li>
338 </ul>
339 <h3 id="responsibilities">
339 2. Responsibilities of the Local Authority
339 </h3>
340 <p>
340 Where it is established that the referral concerns a young unaccompanied child migrant, regardless
of the category, this will always satisfy the criteria for services to a Child in Need.
340 </p>
341 <p>
341 An unaccompanied child will become looked after by the local authority after having been
accommodated by the local authority under Section 20(1) of the Children Act 1989 for 24 hours.
Once accommodated, they will be subject to the appropriate regulations and the same provision as
any other Looked After Child.
341 </p>
342 <p>
342 The local authority should have procedures in place to monitor their policies and performance and
should record any modern slavery concerns on the child's Care Plan.
342 </p>
343 <p>
343 As part of the general duty to assess and meet the needs of an unaccompanied asylum seeking child,
the local authority should ensure that the child has access to a legal representative.
343 </p>
344 Unaccompanied children are highly likely to require specialist support from a variety of
organisations and agencies.
345 <h3 id="manage_case">
345 3. Managing the Case
345 </h3>
346 <p>
346 All professionals involved in the care of unaccompanied children and child victims of modern
slavery should be able to recognise indicators of trafficking, slavery, servitude and forced or
compulsory labour and should have an understanding of the particular issues likely to be faced by
these children.
346 </p>
347 <p>
347 This is a highly complex area of work, and professionals will need to have available to them a
solid understanding of the asylum process or colleagues or other professionals with such
expertise.
347 </p>
348 <p>
348 The kinds of issues that may need to be negotiated include:
348 </p>
349 <ul>
350 <li>
350 An understanding of the Welfare Interview, Statement of Evidence Form;
350 </li>
351 <li>
351 The purpose of the asylum case review;
351 </li>
352 <li>
352 The importance of the substantive asylum interview;
352 </li>
353 <li>
353 The different possible outcomes of a child's asylum claim and how that impacts on pathway
planning.
353 </li>
354 </ul>
355 <p>
355 Social workers should also have a broad understanding of the immigration system - for example, the
immigration application process, different types of leave, making further leave to remain
applications and the appeals process. Social workers should also have an understanding of the
trafficking referral process and the wider child protection system around child victims of modern
slavery, including how and when to refer a child to the
355 <a
href="https://www.gov.uk/government/publications/human-trafficking-victims-referral-and-assessment
-forms" target="_blank" rel="noopener">
355 National Referral Mechanism
355 </a>
355 .
355 </p>
356 <p>
356 One of the most crucial aspects of the social worker's role will be accessing specialist asylum
and/or immigration legal advice and representation for all unaccompanied children and child
victims of modern slavery. Legal advice can only be provided by a registered immigration advisor,
who is either a regulated solicitor or registered with the Office of the Immigration Services
Commissioner (OISC) to provide immigration advice to the relevant level. Ideally the solicitor
should also have expertise in working with children. This specialist advice will be required to
ensure the child can fully present their case for asylum or leave to remain.
356 </p>
357 <p>
357 Details on where to find immigration legal representation can be found using the Adviser Finder
function on the
357 <a href="http://home.oisc.gov.uk/adviser_finder/finder.aspx" target="_blank" rel="noopener">
357 OISC website
357 </a>
357 .
357 </p>
358 <p>
358 Where a child is undocumented this should be identified as soon as possible as the child will need
to access specialist immigration legal advice.
358 </p>
359 <p>
359 Legal Aid is available for asylum cases and Looked after Children will generally be eligible.
359 </p>
360 <p>
360 Independent Reviewing Officers should be aware of the need to have regard to the child's needs as
an unaccompanied child or child victim of modern slavery, including trafficking, when planning and
providing care. They should also have an awareness of the particular needs and issues children may
face as a result of being an unaccompanied child or child victim of modern slavery so that they
can provide appropriate challenge at review.
360 </p>
361 Service providers should ensure that foster carers and all other care staff in placement settings
are aware of appropriate steps to reduce the risk of trafficked children returning to their
traffickers.
362 <h3 id="assessment">
362 4. Assessment
362 </h3>
363 <p>
363 Social workers should consider all unaccompanied migrant children as potential victims of modern
slavery in the first instance until this possibility is either confirmed or discounted and they
should also have an understanding of the trafficking referral process. For further information on
the indicators of Modern Slavery and Trafficking - see
363 <a href="http://www.londoncp.co.uk/chapters/sg_trafficked_ch.html" target="_blank"
rel="noopener">
363 London Child Protection Procedures, Safeguarding Trafficked and Exploited Children
363 </a>
363 .
363 </p>
364 <p>
364 The social worker must ensure that all unaccompanied children have access to specialist asylum
and/or immigration legal advice and representation in their assessment so as to ensure the child
can fully present their case for asylum or leave to remain.
364 </p>
365 <p>
365 The Assessment will take account of:
365 </p>
366 <ol style="list-style-type:lower-alpha">
367 <li>
367 The immigration status of the child;
367 </li>
368 <li>
368 The young person's ethnicity and religion;
368 </li>
369 <li>
369 Any safeguarding issues or factors that may indicate the child is or has been trafficked or may
be a victim of compulsory labour, servitude and slavery;
369 </li>
370 <li>
370 The fact that many unaccompanied and/or trafficked children are at risk of going missing from
care, often within the first 72 hours, whilst others may be at risk of repeated missing episodes
due to ongoing exploitation. Photographs of the child should be kept on file for use if they do
go missing and be shared with the police in that instance. Photographs may include one of their
full body length, one of their face and any others that depict distinguishing features. (See
370 <a href="http://www.londoncp.co.uk/chapters/ch_miss_care_home_sch.html" target="_blank"
rel="noopener">
370 London Child Protection procedures, Children Missing from Care, Home and Education
370 </a>
370 );
370 </li>
371 <li>
371 Any family links that may be available to support the child (ensuring that any search for family
members does not jeopardise the safety of the child). The child should always be consulted with
and informed if family tracing is being undertaken or commissioned on their behalf (see
371 <a href="http://www.redcross.org.uk/What-we-do/Find-my-missing-family" target="_blank"
rel="noopener">
371 British Red Cross - Find my missing family
371 </a>
371 );
371 </li>
372 <li>
372 The young person's accommodation arrangements and needs;
372 </li>
373 <li>
373 The child's education needs and how these will be addressed through a Personal Education Plan;
373 </li>
374 <li>
374 The young person's local connection with the local authority area;
374 </li>
375 <li>
375 The young person's financial and other support;
375 </li>
376 <li>
376 The age assessment of the young person (where relevant) and any available information on their
agent, their access into this country, the length of time they have been in this country and
possible other connections; and
376 </li>
377 <li>
377 The child's health needs and any particular psychological or emotional impact of experiences as
an unaccompanied or trafficked child, and any consequent need for psychological or mental health
support to help the child deal with them.
377 </li>
378 </ol>
379 <p>
379 Unaccompanied migrant children and child victims of modern slavery will need access to specialist
legal advice and support. This will be in relation to immigration and asylum applications, and
decisions and any associated legal proceedings. If they have been a victim of modern slavery, it
may also be in relation to criminal proceedings or compensation claims. The assessment should note
that specialist legal support is required and how it will be provided. The child's social worker
should ensure that the child is accompanied in all meetings, including this meeting, with legal
professionals. The person accompanying the child does not have to be the child's social worker.
379 </p>
380 <p>
380 In determining an unaccompanied young person's accommodation needs, the Assessment must have
regard to their age and independent living skills, and consider the intensity of service required.
This may range between independent accommodation, semi-independent accommodation foster or
residential placements, or in specific cases, a specialist residential therapeutic unit.
380 </p>
381 <p>
381 No assumptions should be made about the child's language skills. An appropriately qualified and
vetted interpreter must be used to assist in all assessments.
381 </p>
382 <p>
382 The allocated social worker must complete a Case Record in all cases. Social workers should seek
to pay particular attention to the detail of spelling names and of descriptions of familial
relationships.
382 </p>
383 <p>
383 Planning for the child should include planning for a variety of possible outcomes regarding the
child's immigration status - see
383 <a href="#asylum">
383 Section 10, Asylum Process - Possible Outcomes
383 </a>
383 .
383 </p>
384 <h4>
384 Age Assessment
384 </h4>
385 <p>
385 Where the age of the child is uncertain and there are reasons to believe they are a child the
person will be presumed to be a child in order to receive immediate assistance, support and
protection in accordance with Section 51 Modern Slavery Act 2015. Assessments must be undertaken
in accordance with standards established in case law and should only be carried out where there is
reason to doubt that the individual is the age they claim. For further guidance see:
385 <a
href="http://adcs.org.uk/safeguarding/article/age-assessment-information-sharing-for-unaccompanied
-asylum-seeking-childre" target="_blank" rel="noopener">
385 Age Assessment Guidance
385 </a>
385 published by ADCS. In all cases where a referral is received concerning an unaccompanied child,
the relevant Team will carry out an Assessment in accordance with the Assessment Procedure, to
determine whether they are Child in Need.
385 </p>
386 <h3 id="provision">
386 5. Provision of Services
386 </h3>
387 <p>
387 Young unaccompanied child migrants should be provided with information about the services
available to them from the local authority and other agencies.
387 </p>
388 <p>
388 The young person will also be given assistance to register with a GP and dentist, and enrol in a
local school or college. The health professionals and the school should be aware of the child's
status and senior managers such as the Virtual School Head should be informed of the school
placement. There will be a need to set out clearly any particular implications of the child's
status for non specialist professionals such as GPs and teachers, including any urgency of
involvement - particularly with health practitioners. An interpreter should be booked to accompany
the young person to appointments with the GP or school, where necessary.
388 </p>
389 <p>
389 Where there are safeguarding concerns relating to the care and welfare of any unaccompanied child,
including where modern slavery is suspected or has been identified, these should be investigated
in line with the statutory provisions, Working Together to Safeguard Children statutory guidance
and locally agreed protocols and processes. The opportunity to intervene to prevent any further
exploitation might be very narrow, so the entry local authority should convene a strategy
discussion as soon as possible and take any necessary immediate action to safeguard and promote
the child's welfare. This strategy discussion should involve the police, immigration officials and
any other relevant agencies and plan rapid further action if concerns are substantiated.
390 </p>
391 <p>
391 For example police installed alarms, discussion with the child or young person about the use of
mobile phones, etc.
391 </p>
392 <p>
392 Provision may need to be made for the child to be in a safe place before any further assessment
takes place and for the possibility that they may not be able to disclose full information about
their circumstances immediately. The location of the child should not be divulged to any enquirers
until their identity and relationship with the child have been established and the local authority
is assured of their motives, if necessary, with the help of police and immigration officials.
393 </p>
394 <p>
394 (See also the safeguarding procedures for
394 <a href="http://www.londoncp.co.uk/chapters/sg_trafficked_ch.html" target="_blank"
rel="noopener">
394 London Child Protection Procedures, Safeguarding Trafficked and Exploited Children
394 </a>
394 and
394 <a href="http://www.londoncp.co.uk/chapters/sg_sex_exploit_ch.html" target="_blank"
rel="noopener">
394 London Child Protection Procedures, Safeguarding Children from Sexual Exploitation
394 </a>
394 .
394 </p>
395 <p>
395 All unaccompanied young asylum-seekers who are eligible for a service will be entitled to
financial assistance which must first be authorised by the manager. The social worker should
arrange for payment of the relevant amounts in accordance with the local authority's financial
procedures.
395 </p>
396 <p>
396 Travel cards or warrants will be issued to young unaccompanied asylum-seekers in relation to
appointments at the Home Office.
396 </p>
397 <p>
397 Where an Assessment identifies that an unaccompanied child migrant does not meet the criteria for
a service from Children's Services, but appears to be in need of services from elsewhere, the
social worker will refer the young person to the appropriate agency which may be a different
Children's Service, the Refugee Council, UK Visas and Immigration and/or an appropriate voluntary
agency.
397 </p>
398 <p>
398 In such circumstances, the duty social worker should make an appointment for the young person and
advise them of the name, address (including a map where necessary) and contact number of the
person with whom the appointment has been made. In addition, the duty worker must send a copy of
the Referral Form and Assessment Record to the relevant office.
398 </p>
399 <p>
399 In all cases where a service is to be refused, the social worker must consult their manager before
the decision is made and the letter confirming the decision is sent. Any correspondence received
in relation to the decision should be referred to the manager.
399 </p>
400 <h3 id="suitable">
400 6. Suitable Placements
400 </h3>
401 <p>
401 “Placement decisions should take particular account of the need to protect children from any risk
of being exploited, and the heightened risk of them going missing. Transfer to the care of another
local authority or an out of area placement might in some cases be appropriate to put distance
between the child and where the traffickers expect them to be”. See:
401 <a
href="https://www.local.gov.uk/sites/default/files/documents/Suitable%20placements%20for%20UASC%20
updated%20April%202018%20Final.pdf" target="_blank" rel="noopener">
401 What is a suitable placement for an unaccompanied asylum seeking child? – Information for local
authorities to accompany the national transfer protocol for unaccompanied asylum seeking
children (Revised April 2018)
401 </a>
401 .
401 </p>
402 <p>
402 It is important that suitable emergency accommodation can be accessed directly at any time of the
day or night and that here is sufficient supervision and monitoring by on-site staff to keep the
child safe. Bed and breakfast (B&B) accommodation is not suitable, even on an emergency
accommodation basis. Such accommodation can leave the child particularly vulnerable to risk from
those who wish to exploit them and does not meet their protection or welfare needs.
402 </p>
403 <p>
403 Often very little information about the young person is available at the outset and so it is
highly likely that a permanent placement decision will not be made immediately. A temporary
placement can enable the child or young person to feel safe and help them begin to physically
recover from their journey and enable them to engage with an assessment of their needs with the
help of interpreters as necessary.
403 </p>
404 <p>
404 Where a young person's needs are for independent or semi-independent accommodation, and the
manager agrees, assistance should be given with completion of the necessary Housing Application,
(see below).
404 </p>
405 <p>
405 Where the Assessment identifies that an unaccompanied young child migrant needs to be Looked
After, all the procedures in relation to Care Plans, Health Care Plans, Personal Education Plans
and Placement Plans must be completed as for any other Looked After Child. See:
405 <a href="p_dec_look_aft.html">
405 Decision to Look After and Care Planning Procedure
405 </a>
405 .
405 </p>
406 <p>
406 For unaccompanied migrant children who are Looked After, the placement decision also needs to be
informed by careful consideration of the wider support needs of the child, including their
cultural and social needs. Creative ways of meeting those needs, such as mentors or links to
groups from their country of origin living in the UK could be used. As with all Looked After
Children, an unaccompanied child's ethnicity, cultural and linguistic background should be taken
into account when placing the child. However, these are not overriding considerations and should
be taken into account alongside all of the child's needs. Nevertheless, the placement should meet
the child's needs as a whole and be consistent with their wishes and feelings.
406 </p>
407 <p>
407 All residential home staff, foster carers or support workers of semi-independent accommodation
caring for unaccompanied children and child victims of modern slavery (including independent
advocates where appropriate) should be aware of any particular risks of them going missing, or of
any risk to the child from those who wish to exploit them. They should also understand what
practical steps they should take in the event that the child does go missing, or if they suspect
that someone is trying to lure the child away from their care placement.
407 </p>
408 <p>
408 Carers should seek to develop an awareness of the child's past experiences and any psychological
issues they face, which may not be immediately apparent, as well as understanding cultural issues,
which may put them at greater risk of going missing. This may include the potential negative
impact of protection measures which may appear to the child to replicate methods used by their
traffickers to control them.
408 </p>
409 <p>
409 Carers and professionals should work closely together to develop a holistic assessment of the
child as well as provide support, reassurance and effective safeguarding to them.
409 </p>
410 <h4>
410 6.1 Placement Options
410 </h4>
411 <p>
411 Placement options for unaccompanied migrant children are the same as for other Looked After
Children i.e.:
411 </p>
412 <p>
412 <span class="bold">
412 Connected Carers (or Family and Friends carers)
412 </span>
412 - some children may be transferred to the UK under Dublin 111 regulations. In these instances the
412 <a href="p_fam_frien_care_pol.html">
412 Family and Friends Care Procedure
412 </a>
412 should be followed.
412 </p>
413 <p>
413 <span class="bold">
413 Foster Care
413 </span>
413 in a family setting either in a placement in an Ofsted registered and inspected placement with an
Independent Fostering Agency foster carer or in a placement with a local authority foster carer.
413 </p>
414 <p>
414 <span class="bold">
414 Residential Care
414 </span>
414 within an Ofsted registered and inspected children's residential care home.
414 </p>
415 <p>
415 <span class="bold">
415 Semi - Independent living arrangements or “other arrangements” including supported lodgings,
supported accommodation and shared housing
415 </span>
415 . These forms of accommodation are usually for older children, who require less intensive support
and close monitoring and require only accommodation, as opposed to care and accommodation. Where
there has been an assessment of need and the best match is in “other arrangements” the placement
could be supported lodgings, supported accommodation or shared accommodation. Statutory guidance
and the Care Planning Regulations clearly set out that in some cases, a child can be suitably
placed in accommodation termed as “other arrangements”, and
415 <a href="http://www.legislation.gov.uk/uksi/2010/959/regulation/27/made" target="_blank"
rel="noopener">
415 Regulation 27
415 </a>
415 sets out the duties of a local authority when placing a child in such arrangements (see also:
415 <a href="http://www.legislation.gov.uk/uksi/2010/959/schedule/6/made" target="_blank"
rel="noopener">
415 Schedule 6
415 </a>
415 ).
415 </p>
416 <p>
416 For details regarding the advantages of each of these options above, please go to:
416 </p>
417 <ul>
418 <li>
418 <a
href="https://www.local.gov.uk/sites/default/files/documents/Suitable%20placements%20for%20UASC%
20updated%20April%202018%20Final.pdf" target="_blank" rel="noopener">
418 What is a suitable placement for an unaccompanied asylum seeking child? – Information for
local authorities to accompany the national transfer protocol for unaccompanied asylum seeking
children (Revised April 2018)
419 </a>
419 ; and
419 </li>
420 <li>
420 <a
href="https://www.ecpat.org.uk/one-the-safe-side-principles-for-the-safe-accommodation-of-child-
victims-of-trafficking" target="_blank" rel="noopener">
420 On the Safe Side: Principles for the safe accommodation of child victims of trafficking,
ECPAT, 2011
420 </a>
420 .
420 </li>
421 </ul>
422 <h3 id="withdrawal">
422 7. Withdrawal of a Service
422 </h3>
423 <p>
423 The provision of a service is dependent on the young person continuing to qualify for the service.
423 </p>
424 <p>
424 Services to an unaccompanied child migrant may be withdrawn, for example, where another adult
wishes to assume Parental Responsibility and this is assessed as appropriate.
424 </p>
425 <p>
425 The service must not be withdrawn without a Child in Need Plan Review (see
425 <a href="p_cin_plans_rev.html">
425 Child in Need of Our Support and Protection Procedure
425 </a>
425 ) and the agreement of the social worker's manager. Any such decision must be clearly recorded,
with reasons. In all such cases, legal advice should usually be obtained before a final decision
is made.
425 </p>
426 Where a service is withdrawn, the social worker should inform the Finance Office, if appropriate,
immediately.
427 <h3 id="ucm_18">
427 8. Unaccompanied Child Migrants Reaching the Age of 18
427 </h3>
428 <p>
428 Planning transition to adulthood for unaccompanied children is a particularly complex process that
needs to address their developing care needs in the context of their immigration status.
428 </p>
429 <p>
429 Pathway planning to support an unaccompanied child's transition to adulthood must cover the areas
that would be addressed within any care leaver's plan as well as any additional needs arising from
their immigration status and the action required to resolve this. (See
429 <a href="files/leaving_care_policy.pdf" target="_blank" rel="noopener">
429 Policy to Promote the Welfare of Young Adults Leaving Care
429 </a>
429 .)
429 </p>
430 <p>
430 Former unaccompanied children who qualify as care leavers and who have been granted leave to
remain, or who have an outstanding asylum or other human rights claim or appeal, are entitled to
the same level of care and support from the local authority as any other care leaver.
430 </p>
431 <p>
431 The extent of any care leaver duties on local authorities to provide support to former
unaccompanied children who have turned 18, exhausted their appeal rights, established no lawful
basis to remain in the UK and should return to their home country is subject to a Human Rights
Assessment by the local authority. This is set out under the restrictions on local authority
support for adults without immigration status.
431 </p>
432 <p>
432 For former unaccompanied children whose long-term future is in the UK, transition planning will
need to consider the challenges and issues facing any care leaver, such as education or preparing
for independent living. Planning for children and young adults who have been granted refugee
status or humanitarian protection should also consider when they may be required to make a further
application for leave to remain.
432 </p>
433 <p>
433 Where an unaccompanied child or child victim of modern slavery qualifies for local authority care
leaving support, a personal adviser must be appointed to support them.
433 </p>
434 <p>
434 Pathway Plans should always consider and reflect the implications for the child or young adult if
their asylum claim is refused without a grant of leave, if their application to extend their leave
is refused or if their appeal against a refusal is dismissed. In such circumstances, the person
will become unlawfully present in the UK and be expected to make plans for a return to their home
country. A plan for a return to their home country may also need to be made at any other point,
should the care leaver decide to leave the UK.
434 </p>
435 <p>
435 Planning may have to be based around short-term achievable goals whilst entitlement to remain in
the UK is being determined. For the majority of unaccompanied children who do not have permanent
immigration status, transition planning should initially take a dual or triple planning
perspective, which, over time should be refined as the young person's immigration status is
resolved. Planning cannot pre-empt the outcome of any immigration decision and may be based on:
435 </p>
436 <ul>
437 <li>
437 A transitional plan during the period of uncertainty when the care leaver is in the UK without
permanent immigration status;
437 </li>
438 <li>
438 A longer-term perspective plan should the care leaver be granted long-term permission to stay in
the UK (for example through the granting of Refugee Status); and
438 </li>
439 <li>
439 A return to their country of origin at any appropriate point or at the end of the immigration
consideration process, should that be necessary because the care leaver decides to leave the UK
or is required to do so.
439 </li>
440 </ul>
441 <p>
441 Assistance should be given in advance of their 18th birthday with the necessary applications for
housing, Housing Benefit and any other relevant benefits. The social worker must ensure that the
young person has accommodation to which to move on his or her 18th birthday. The social worker
must also ensure that the provider of the young person's present accommodation and the Finance
Office is informed when the accommodation arrangement will end.
441 </p>
442 <h4>
442 Access to Public Funds
442 </h4>
443 <p>
443 Financial support for care leavers who are former unaccompanied child migrants should reflect
their needs and their immigration status. Financial policies should highlight any entitlements and
how their immigration status may affect these. Pathway Plans should address employment
opportunities and funding arrangements for education and training, taking account of the young
person's immigration status.
443 </p>
444 <p>
444 If a young person has no recourse to public funds, they will be unable to access a number of
welfare benefits and social housing. Subject to the Human Rights Assessment by the local authority
under Schedule 3 Nationality, Immigration and Asylum Act 2002 (as amended), the provision of
accommodation may form part of the leaving care support provided to a young person who has no
recourse to public funds. For further information please go to
444 <a href="p_no_recourse_public.html">
444 Families with No Recourse to Public Funds Procedure
444 </a>
444 .
444 </p>
445 <p>
445 Having 'no recourse to public funds' does not prevent a person from accessing other publicly
funded services, but many of these will have eligibility criteria based on immigration status
which will need to be considered. (See
445 <a href="http://www.nrpfnetwork.org.uk/information/Pages/not-public-funds.aspx" target="_blank"
rel="noopener">
445 NRPF Guidance - What are not public funds?
445 </a>
445 )
446 </p>
447 <h3 id="review">
447 9. Review of Services
447 </h3>
448 <p>
448 Where a young person is Looked After, their case will be reviewed in accordance with the
448 <a href="p_look_aft_rev.html">
448 Looked After Reviews Procedure
448 </a>
448 .
448 </p>
449 <p>
449 Any other services provided should be reviewed at least every 6 months as set out in the
449 <a href="p_cin_plans_rev.html">
449 Child in Need of Our Support and Protection Procedure
449 </a>
449 .
449 </p>
450 <p>
450 In advance of each review, the social worker will send the young person a Checklist setting out
the documents which the social worker requires to be produced at the Review, such as confirmation
of registration with a GP, enrolment at schools/college and updated information concerning their
asylum status.
450 </p>
451 <p>
451 The young person should be invited to the Review and an interpreter should be booked as necessary.
451 </p>
452 <p>
452 Independent Reviewing Officers should be aware of the need to have regard to the child's needs as
an unaccompanied child or child victim of modern slavery, including trafficking, when planning and
providing care. They should also have an awareness of the particular needs and issues children may
face as a result of being an unaccompanied child or child victim of modern slavery so that they
can provide appropriate challenge at review. Service providers should ensure that foster carers
and all other care staff in placement settings are aware of appropriate steps to reduce the risk
of trafficked children returning to their traffickers.
452 </p>
453 <p>
453 Guidance for cases where the child has been the subject of sexual exploitation can be found at
453 <a
href="https://www.gov.uk/government/publications/child-sexual-exploitation-definition-and-guide-fo
r-practitioners" target="_blank" rel="noopener">
453 Child Sexual Exploitation: Definition and Guide for Practitioners, 2017
453 </a>
453 .
453 </p>
454 <p>
454 Where a Review confirms the service, the Financial Assessment Form should be updated. Where
additional support services are identified as necessary, the Plan should be updated to reflect
this.
454 </p>
455 Where services are withdrawn as a result of the Review, the relevant teams should be notified
immediately.
456 <h3 id="asylum">
456 10. Asylum Process - Possible Outcomes
456 </h3>
457 <p>
457 There are four main possible outcomes of the asylum process for an unaccompanied child, which will
determine what the long term solution might be:
457 </p>
458 <ul>
459 <li>
459 <span class="bold">
459 Granted refugee statu
459 </span>
459 s (i.e. granted asylum), with limited leave to remain for five years, after which time they can
normally apply for settlement (i.e. indefinite leave to remain);
459 </li>
460 <li>
460 <span class="bold">
460 Refused asylum but granted humanitarian protection
460 </span>
460 , with limited leave to remain for five years, after which time they can normally apply for
settlement (i.e. indefinite leave to remain). This is most commonly granted where the person is
at risk of a form of 'ill treatment' in their country of origin but which does not meet the
criteria of the Refugee Convention.
460 <br>
461 <br>
462 As it is very likely that those granted refugee status or humanitarian protection will qualify
for indefinite leave to remain, their care and pathway planning should primarily focus on their
long-term future in the UK, in the same way as for any other care leaver;
462 </li>
463 <li>
463 <span class="bold">
463 Refused asylum but granted Unaccompanied Asylum Seeking Child (UASC) Leave
463 </span>
463 . This is normally for 30 months or until the age of 17½, whichever is the shorter period. This
form of leave is granted to unaccompanied children where they do not qualify for refugee status
or humanitarian protection, but where the Home Office cannot return them to their home country
because it is not satisfied that safe and adequate reception arrangements are in place in that
country. It is a form of temporary leave to remain and is not a route to settlement. It is
important to note that this decision is a refusal of the child's asylum claim and will attract a
right of appeal. The child should be assisted to obtain legal advice on appealing against such a
refusal. Before the child's UASC Leave expires, they can submit an application for further leave
to remain and/or a fresh claim for asylum, which will be considered. It is essential that they
are assisted to access legal advice and make any such further application or claim before their
UASC Leave expires.
463 <br>
464 <br>
465 In such cases, care and pathway planning should therefore consider the possibility that the
child may have to return to their home country once their UASC Leave expires or that they may
become legally resident in the UK long-term (if a subsequent application or appeal is
successful). Planning should also cover the possibility that they reach the age of 18 with an
outstanding application or appeal and are entitled to remain in the UK until its outcome is
known;
465 </li>
466 <li>
466 <span class="bold">
466 Refused asylum and granted no leave to remain
466 </span>
466 . In this case the unaccompanied child is expected to return to their home country and their
Care Plan should address the relevant actions and the support required. The Home Office will not
return an unaccompanied child to their home country unless it is satisfied that safe and
adequate reception arrangements are in place in that country. Any appeal or further application
should be submitted where appropriate by the child's legal adviser.
466 <br>
467 <br>
468 Although the above are the four main types of outcomes for an unaccompanied child, there may be
others. For example, a child may be granted discretionary leave depending on whether they meet
other criteria such as needing to stay in the UK to help police with their enquires after being
conclusively identified as a victim of trafficking. Other examples include: leave as a stateless
person; limited or discretionary leave for compassionate reasons; and limited leave on the basis
of family or private life.
468 </li>
469 </ul>
470 <h3 id="further">
470 11. Further Information
470 </h3>
471 <p>
471 <a
href="https://adcs.org.uk/safeguarding/article/revised-advice-on-suitable-accommodation-for-uasc
" target="_blank" rel="noopener">
471 Revised Advice on Suitable Accommodation for Unaccompanied Asylum Seeking Children (April 2018)
471 </a>
471 </p>
472 <p>
472 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statut
ory_Guidance_2017.pdf" target="_blank" rel="noopener">
472 Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance
for Local Authorities, November 2017
472 </a>
472 </p>
473 <p>
473 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/177033/DFE-00084-2
011.pdf" target="_blank" rel="noopener">
473 Safeguarding Children who May Have Been Trafficked (Home Office, 2011)
473 </a>
473 - non-statutory government good practice guidance
473 </p>
474 <p>
474 <a
href="https://www.local.gov.uk/topics/communities/refugees-and-asylum-seekers/refugees-and-unaccom
panied-children" target="_blank" rel="noopener">
474 Local Government Association - Council Support: Refugees, Asylum Seekers and Unaccompanied
Children
474 </a>
474 - resource for council staff, designed to answer questions about supporting refugees, asylum
seekers and unaccompanied children.
474 </p>
475 <p>
475 <a
href="https://www.gov.uk/government/publications/national-referral-mechanism-guidance-for-child-fi
rst-responders" target="_blank" rel="noopener">
475 National Referral Mechanism: Guidance for Child First Responders
475 </a>
475 - provides details on how to refer a child into the NRM and complete the referral form, reviews of
decisions and the benefits of referral.
475 </p>
476 <p>
476 <a
href="https://www.gov.uk/government/publications/processing-an-asylum-application-from-a-child-ins
truction" target="_blank" rel="noopener">
476 Guidance on Processing Children's Asylum Claims
476 </a>
476 - sets out the process which immigration officials follow in determining an asylum claim from a
child and the possible outcomes for the child
476 </p>
477 <p>
477 <a href="https://www.modernslaveryhelpline.org/" target="_blank" rel="noopener">
477 UK Modern Slavery Helpline and Resource Centre - Unseen
477 </a>
477 (Registered Charity)
477 </p>
478 <p>
478 <a href="https://learning.nspcc.org.uk/services/child-trafficking-advice-centre/"
target="_blank" rel="noopener">
478 NSPCC Child Trafficking Advice Centre (CTAC)
478 </a>
478 - specialist advice and information to professionals who have concerns that a child may have been
trafficked.
478 </p>
479 <p>
479 <a
href="https://www.gov.uk/government/publications/unaccompanied-asylum-seeking-children-interim-nat
ional-transfer-scheme" target="_blank" rel="noopener">
479 National Transfer Protocol for Unaccompanied Asylum Seeking Children
479 </a>
479 - interim national transfer procedure and transfer flow chart for the safe transfer of UASC from
one UK local authority to another.
479 </p>
480 <p>
480 <a
href="https://www.gov.uk/government/publications/how-to-report-modern-slavery/how-to-report-modern
-slavery" target="_blank" rel="noopener">
480 How to Report Modern Slavery (Home Office, December 2016)
480 </a>
480 </p>
481 <p>
481 <a
href="https://www.gov.uk/government/publications/duty-to-notify-the-home-office-of-potential-victi
ms-of-modern-slavery" target="_blank" rel="noopener">
481 Duty to Notify the Home Office of Potential Victims of Modern Slavery
481 </a>
481 - guidance and forms
481 </p>
482 <p>
482 <a
href="https://www.gov.uk/government/publications/child-protection-working-with-foreign-authorities
" target="_blank" rel="noopener">
482 Child Protection: Working with Foreign Authorities
482 </a>
482 - guidance on child protection cases and care orders where the child has links to a foreign
country
482 </p>
483 <p>
483 <a
href="https://www.rcpch.ac.uk/resources/refugee-unaccompanied-asylum-seeking-children-young-people
-guidance-paediatricians" target="_blank" rel="noopener">
483 Refugee and Unaccompanied Asylum Seeking Children and Young People: Age Assessment and Children
in Detention, (Royal College of Paediatrics and Child Health)
483 </a>
483 </p>
484 <p>
484 <a href="https://www.refugeecouncil.org.uk/what_we_do/childrens_services" target="_blank"
rel="noopener">
484 Refugee Council - Children's Panel
484 </a>
484 - national remit to offer advice and support to unaccompanied children, and advise other
professionals who are involved in their care.
484 </p>
485 <p>
485 <a href="http://www.childrenslegalcentre.com/resources/supporting-dublin-children/"
target="_blank" rel="noopener">
485 Asylum-Seeking Children Joining Family Under the Dublin Regulation
485 </a>
485 </p>
486 <p>
486 <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted" target="_blank"
rel="noopener">
486 Modern Slavery Act 2015
486 </a>
486 </p>
487 <p>
487 <a href="https://www.gov.uk/government/publications/victims-of-human-trafficking"
target="_blank" rel="noopener">
487 Victims of Modern Slavery: Guidance for Front Line Staff, GOV.UK (2016)
487 </a>
487 </p>
488 <p>
488 <a href="http://www.nrpfnetwork.org.uk/News/Pages/british-citizenship-children.aspx"
target="_blank" rel="noopener">
488 Securing British Citizenship for looked After Children - NRPF Network
488 </a>
488 </p>
489 </div>
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498 <div class="footer">
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502 Desktop
502 </span>
502 |
502 <span id='mobile_button' tabindex='0'>
502 Mobile
502 </span>
502 |
502 <span id='responsive_button' tabindex='0' style='text-decoration:underline'>
502 Responsive
502 </span>
502 </span>
502 </p>
504 <div id="trix_logo">
505 <a href="https://www.trixonline.co.uk/" target="_blank" class="imagelink">
505 <img src="images/trixlogo.png" height="40" alt="Tri.x Logo links to Tri.x homepage"/>
505 </a>
506 </div>
507 </div>
508 </div>
510 </footer>
511 <div id="desktoptest">
511 </div>
512 <script>
639 </script>
641 <script>
650 </script>
652 <script>
699 </script>
702 <script>
704 </script>
712 <script>
751 </script>
752 <script type="text/javascript">
752 </script>
754 <script>
793 </script>
797 <script type="text/javascript">
809 </script>
810 </body>
811 </html>