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18 Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery
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136 <h1>
136 Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery
136 </h1>
141 <div class="well">
142 <p class="bold">
142 RELATED CHAPTER
142 </p>
143 <p>
143 <a href="https://www.proceduresonline.com/pancheshire/warrington/p_trafficked_ch.html"
target="_blank" rel="noopener">
143 Warrington Safeguarding Partnership Procedures, Trafficked Children
143 </a>
143 .
143 </p>
144 See also:
144 <a href="#further">
144 Further Information
144 </a>
144 .
144 </div>
151 <div class="section">
151 <h2 id="introduction">
151 1. Introduction and Definitions
151 </h2>
152 <p>
152 This chapter should be read in conjunction with the following government guidance:
152 </p>
153 <p>
153 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_
Statutory_Guidance_2017.pdf" target="_blank" rel="noopener">
153 Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory
Guidance for Local Authorities, November 2017
153 </a>
153 - which sets out the steps local authorities should take to plan for the provision of
support for Children in Care 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 Children in Care who are 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 Children in Care. This is described in practice guidance:
153 <a
href="https://www.gov.uk/government/publications/safeguarding-children-who-may-have-been-tra
fficked-practice-guidance" target="_blank" rel="noopener">
153 Safeguarding Children who May have Been Trafficked
153 </a>
153 .
153 </p>
154 <p>
154 For information on where Unaccompanied Asylum Seeking Children should be placed, please
refer to:
154 <a
href="https://www.gov.uk/government/publications/unaccompanied-asylum-seeking-children-inter
im-national-transfer-scheme/unaccompanied-asylum-seeking-children-uasc-national-transfer-sch
eme-questions-and-answers" target="_blank" rel="noopener">
154 National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children (March 2018)
154 </a>
154 .
154 </p>
155 <p>
155 The protocol 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).
155 </p>
156 <p>
156 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.
156 </p>
157 <p>
157 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.
157 </p>
158 <p>
158 Categories of unaccompanied children include:
158 </p>
159 <ul>
160 <li>
160 <span class="bold">
160 Unaccompanied asylum seeking children
160 </span>
160 : 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
160 <a
href="https://www.gov.uk/government/publications/humanitarian-protection-instruction"
target="_blank" rel="noopener">
160 Home Office Guidance on Humanitarian Protection
160 </a>
160 ). Others may not qualify for any leave to remain in the UK. Their status will be
determined by the Home Office;
160 </li>
161 <li>
161 <span class="bold">
161 Unaccompanied migrant child not seeking asylum
161 </span>
161 : 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;
161 </li>
162 <li>
162 <span class="bold">
162 Unaccompanied EEA national child
162 </span>
162 : 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;
162 </li>
163 <li>
163 <span class="bold">
163 Asylum seeking child
163 </span>
163 : 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.
163 </li>
164 </ul>
165 </div>
166 <div class="section1">
166 </div>
172 <div class="section">
172 <h2 id="responsibilities">
172 2. Responsibilities of the Local Authority
172 </h2>
173 <p>
173 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.
173 </p>
174 <p>
174 An unaccompanied child will become a Child in Care 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 Child in Care.
174 </p>
175 <p>
175 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.
175 </p>
176 <p>
176 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.
176 </p>
177 Unaccompanied children are highly likely to require specialist support from a variety of
organisations and agencies.
177 </div>
178 <div class="section1">
178 </div>
184 <div class="section">
184 <h2 id="manage_case">
184 3. Managing the Case
184 </h2>
185 <p>
185 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.
185 </p>
186 <p>
186 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.
186 </p>
187 <p>
187 The kinds of issues that may need to be negotiated include:
187 </p>
188 <ul>
189 <li>
189 An understanding of the Welfare Interview, Statement of Evidence Form;
189 </li>
190 <li>
190 The purpose of the asylum case review;
190 </li>
191 <li>
191 The importance of the substantive asylum interview;
191 </li>
192 <li>
192 The different possible outcomes of a child's asylum claim and how that impacts on pathway
planning.
192 </li>
193 </ul>
194 <p>
194 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
194 <a href="https://www.modernslavery.gov.uk/start" target="_blank" rel="noopener">
194 Digital Referral System: Report Modern Slavery (GOV.UK)
194 </a>
194 .
194 </p>
195 <p>
195 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.
195 </p>
196 <p>
196 Details on where to find immigration legal representation can be found using the Adviser
Finder function on the
196 <a href="http://home.oisc.gov.uk/adviser_finder/finder.aspx" target="_blank"
rel="noopener">
196 OISC website
196 </a>
196 .
196 </p>
197 <p>
197 Where a child is undocumented this should be identified as soon as possible as the child
will need to access specialist immigration legal advice.
197 </p>
198 <p>
198 Legal Aid is available for asylum cases and Children in Care will generally be eligible.
198 </p>
199 <p>
199 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.
199 </p>
200 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.
200 </div>
201 <div class="section1">
201 </div>
207 <div class="section">
207 <h2 id="assessment">
207 4. Assessment
207 </h2>
208 <p>
208 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
208 <a href="https://www.proceduresonline.com/pancheshire/warrington/p_ch_from_abroad.html"
target="_blank" rel="noopener">
208 Warrington Safeguarding Partnership Procedures, Children from Abroad
208 </a>
208 .
208 </p>
209 <p>
209 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.
209 </p>
210 <p>
210 The Assessment will take account of:
210 </p>
211 <ol style="list-style-type:lower-alpha">
212 <li>
212 The immigration status of the child;
212 </li>
213 <li>
213 The young person's ethnicity and religion;
213 </li>
214 <li>
214 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;
214 </li>
215 <li>
215 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
215 <a
href="https://www.proceduresonline.com/pancheshire/warrington/p_ch_miss_care_home_ed.html
" target="_blank" rel="noopener">
215 Warrington Safeguarding Partnership Procedures, Children Missing from Care, Home and
Education Procedure
215 </a>
215 );
215 </li>
216 <li>
216 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
216 <a href="http://www.redcross.org.uk/What-we-do/Find-my-missing-family" target="_blank"
rel="noopener">
216 British Red Cross - Find My Missing Family
216 </a>
216 );
216 </li>
217 <li>
217 The young person's accommodation arrangements and needs;
217 </li>
218 <li>
218 The child's education needs and how these will be addressed through a Personal Education
Plan;
218 </li>
219 <li>
219 The young person's local connection with the local authority area;
219 </li>
220 <li>
220 The young person's financial and other support;
220 </li>
221 <li>
221 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
221 </li>
222 <li>
222 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.
222 </li>
223 </ol>
224 <p>
224 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.
224 </p>
225 <p>
225 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.
225 </p>
226 <p>
226 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.
226 </p>
227 <p>
227 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.
227 </p>
228 <p>
228 Planning for the child should include planning for a variety of possible outcomes regarding
the child's immigration status - see
228 <a href="#asylum">
228 Section 10, Asylum Process - Possible Outcomes
228 </a>
228 .
228 </p>
229 <p class="bold">
229 Age Assessment
229 </p>
230 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:
230 <a
href="http://adcs.org.uk/safeguarding/article/age-assessment-information-sharing-for-unaccompa
nied-asylum-seeking-childre" target="_blank" rel="noopener">
230 Age Assessment Guidance
230 </a>
230 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
230 <a href="p_assessment.html">
230 Assessment Procedure
230 </a>
230 , to determine whether they are a Child in Need.
230 </div>
231 <div class="section1">
231 </div>
237 <div class="section">
237 <h2 id="provision">
237 5. Provision of Services
237 </h2>
238 <p>
238 Young unaccompanied child migrants should be provided with information about the services
available to them from the local authority and other agencies.
238 </p>
239 <p>
239 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.
239 </p>
240 <p>
240 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.
249 </p>
250 <p>
250 For example, Police installed alarms, discussion with the child or young person about the
use of mobile phones, etc.
250 </p>
251 <p>
251 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.
256 </p>
257 <p>
257 Also see the following Warrington Safeguarding Children Procedures,
257 <a href="https://www.proceduresonline.com/pancheshire/warrington/p_ch_from_abroad.html"
target="_blank" rel="noopener">
257 Children from Abroad Procedure
257 </a>
257 and
257 <a
href="https://www.proceduresonline.com/pancheshire/warrington/p_ch_sexual_exploit.html"
target="_blank" rel="noopener">
257 Child Exploitation Procedure
257 </a>
257 .
257 </p>
258 <p>
258 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.
258 </p>
259 <p>
259 Travel cards or warrants will be issued to young unaccompanied asylum-seekers in relation to
appointments at the Home Office.
259 </p>
260 <p>
260 Where an Assessment identifies that an individual presenting as 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 this individual 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.
260 </p>
261 <p>
261 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.
261 </p>
262 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.
262 </div>
263 <div class="section1">
263 </div>
269 <div class="section">
270 <h2 id="suitable">
270 6. Suitable Placements
270 </h2>
271 <p >
271 "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:
271 <a
href="https://www.local.gov.uk/sites/default/files/documents/Suitable%20placements%20for%20U
ASC%20updated%20April%202018%20Final.pdf" target="_blank" rel="noopener">
271 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)
271 </a>
271 .
271 </p>
272 <p>
272 It is important that suitable emergency accommodation can be accessed directly at any time
of the day or night and that there is sufficient supervision and monitoring by on-site staff
to keep the child safe. Bed and breakfast (B&B) accommodation is
272 <span class="bold">
272 not suitable
272 </span>
272 , even on an emergency accommodation basis. Such accommodation can leave the child
particularly vulnerable to risk from those who want to exploit them and will not meet their
protection or welfare needs.
272 </p>
273 <p>
273 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.
273 </p>
274 <p>
274 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).
274 </p>
275 <p>
275 Where the Assessment identifies that an unaccompanied young child migrant needs to be in
Care, all the procedures in relation to Care Plans, Health Care Plans, Personal Education
Plans and Placement Plans must be completed as for any other Child in Care. See:
275 <a href="p_dec_look_aft.html">
275 Decision to Look After and Care Planning Procedure
275 </a>
275 .
275 </p>
276 <p>
276 For unaccompanied migrant children who are Children in Care, 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 Children in Care, 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.
276 </p>
277 <p>
277 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 want 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.
277 </p>
278 <p>
278 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.
278 </p>
279 <p>
279 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.
279 </p>
280 <h3>
280 6.1 Placement Options
280 </h3>
281 <p>
281 Placement options for unaccompanied migrant children are the same as for other Children in
Care i.e:
281 </p>
282 <p>
282 <span class="bold">
282 Connected Carers (or Family and Friends carers)
282 </span>
282 - some children may be transferred to the UK under Dublin 111 regulations. In these
instances the
282 <a href="p_fam_frien_care_pol.html">
282 Family and Friends Care Procedure
282 </a>
282 should be followed.
282 </p>
283 <p>
283 <span class="bold">
283 Foster Care
283 </span>
283 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.
283 </p>
284 <p>
284 <span class="bold">
284 Residential Care
284 </span>
284 within an Ofsted registered and inspected children's residential care home.
284 </p>
285 <p>
285 <span class="bold">
285 Semi - Independent living arrangements or "other arrangements" including
supported lodgings, supported accommodation and shared housing.
285 </span>
285 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
285 <a href="http://www.legislation.gov.uk/uksi/2010/959/regulation/27/made" target="_blank"
rel="noopener">
285 Regulation 27
285 </a>
285 sets out the duties of a local authority when placing a child in such arrangements (see
also:
285 <a href="http://www.legislation.gov.uk/uksi/2010/959/schedule/6/made" target="_blank"
rel="noopener">
285 Schedule 6
285 </a>
285 ).
285 </p>
286 <p>
286 For details regarding the advantages of each of these options above, please see:
286 <a
href="https://www.local.gov.uk/sites/default/files/documents/Suitable%20placements%20for%20U
ASC%20updated%20April%202018%20Final.pdf" target="_blank" rel="noopener">
286 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)
286 </a>
286 and
286 <a
href="https://www.ecpat.org.uk/one-the-safe-side-principles-for-the-safe-accommodation-of-ch
ild-victims-of-trafficking" target="_blank" rel="noopener">
286 On the Safe Side: Principles for the safe accommodation of child victims of trafficking,
ECPAT, 2011
286 </a>
286 .
286 </p>
287 </div>
288 <div class="section1">
288 </div>
294 <div class="section">
294 <h2 id="withdrawal">
294 7. Withdrawal of Services
294 </h2>
295 <p>
295 The provision of a service is dependent on the young person continuing to qualify for the
service.
295 </p>
296 <p>
296 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.
296 </p>
297 <p>
297 The service must not be withdrawn without a Child in Need Plan Review (see
297 <a href="p_cin_plans_rev.html">
297 Child in Need Plans and Reviews Procedure
297 </a>
297 ) 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.
297 </p>
298 Where a service is withdrawn, the social worker should inform the Finance Office, if
appropriate, immediately.
298 </div>
299 <div class="section1">
299 </div>
305 <div class="section">
305 <h2 id="ucm_18">
305 8. Unaccompanied Child Migrants Reaching the Age of 18
305 </h2>
306 <p>
306 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.
306 </p>
307 <p>
307 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
307 <a href="p_leaving_care.html">
307 Leaving Care and Transition Procedure
307 </a>
307 ).
307 </p>
308 <p>
308 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.
308 </p>
309 <p>
309 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.
309 </p>
310 <p>
310 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.
310 </p>
311 <p>
311 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.
311 </p>
312 <p>
312 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.
312 </p>
313 <p>
313 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:
313 </p>
314 <ul>
315 <li>
315 A transitional plan during the period of uncertainty when the care leaver is in the UK
without permanent immigration status;
315 </li>
316 <li>
316 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
316 </li>
317 <li>
317 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.
317 </li>
318 </ul>
319 <p>
319 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 their 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.
319 </p>
320 <p class="bold">
320 Access to Public Funds
320 </p>
321 <p>
321 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.
321 </p>
322 <p>
322 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 see:
322 <a href="p_no_recourse_public.html">
322 Families with No Recourse to Public Funds Procedure
322 </a>
322 .
322 </p>
323 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
323 <a href="http://www.nrpfnetwork.org.uk/information/Pages/not-public-funds.aspx"
target="_blank" rel="noopener">
323 NRPF Guidance - What are not public funds?
323 </a>
323 ).
323 </div>
324 <div class="section1">
324 </div>
330 <div class="section">
330 <h2 id="review">
330 9. Review of Services
330 </h2>
331 <p>
331 Where a young person is a Child in Care, their case will be reviewed in accordance with the
331 <a href="p_look_aft_rev.html">
331 Case Reviews Procedure
331 </a>
331 .
331 </p>
332 <p>
332 Any other services provided should be reviewed at least every 6 months as set out in the
332 <a href="p_cin_plans_rev.html">
332 Child in Need Plans and Reviews Procedure
332 </a>
332 .
332 </p>
333 <p>
333 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.
333 </p>
334 <p>
334 The young person should be invited to the Review and an interpreter should be booked as
necessary.
334 </p>
335 <p>
335 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.
335 </p>
336 <p>
336 Guidance for cases where the child has been the subject of sexual exploitation can be found
at
336 <a
href="https://www.gov.uk/government/publications/child-sexual-exploitation-definition-and-gu
ide-for-practitioners" target="_blank" rel="noopener">
336 Child Sexual Exploitation: Definition and Guide for Practitioners, 2017
336 </a>
336 .
336 </p>
337 <p>
337 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.
337 </p>
338 Where services are withdrawn as a result of the Review, the relevant teams should be notified
immediately.
338 </div>
339 <div class="section1">
339 </div>
345 <div class="section">
345 <h2 id="asylum">
345 10. Asylum Process - Possible Outcomes
345 </h2>
346 <p>
346 There are four main possible outcomes of the asylum process for an unaccompanied child,
which will determine what the long term solution might be:
346 </p>
347 <ul>
348 <li>
348 <span class="bold">
348 Granted refugee status
348 </span>
348 (i.e. granted asylum), with limited leave to remain for 5 years, after which time they can
normally apply for settlement (i.e. indefinite leave to remain);
348 </li>
349 <li>
349 <span class="bold">
349 Refused asylum but granted humanitarian protection
349 </span>
349 , with limited leave to remain for 5 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.
349 <br>
350 <br>
351 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;
351 </li>
352 <li>
352 <span class="bold">
352 Refused asylum but granted Unaccompanied Asylum Seeking Child (UASC) Leave
352 </span>
352 . 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.
352 <br>
353 <br>
354 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;
354 </li>
355 <li>
355 <span class="bold">
355 Refused asylum and granted no leave to remain
355 </span>
355 . 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.
355 <br>
356 <br>
357 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.
357 </li>
358 </ul>
359 </div>
360 <div class="section1">
360 </div>
366 <div class="section">
367 <h2 id="further">
367 11. Further Information
367 </h2>
368 <p >
368 <a
href="https://www.gov.uk/government/publications/modern-slavery-how-to-identify-and-support-
victims" target="_blank" rel="noopener">
368 Statutory Guidance Modern Slavery: How to Identify and Support Victims
368 </a>
368 </p>
369 <p >
369 <a
href="http://adcs.org.uk/safeguarding/article/revised-advice-on-suitable-accommodation-for-u
asc" target="_blank" rel="noopener">
369 Revised Advice on Suitable Accommodation for Unaccompanied Asylum Seeking Children (April
2018)
369 </a>
369 </p>
370 <p>
370 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_
Statutory_Guidance_2017.pdf" target="_blank" rel="noopener">
370 Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory
Guidance for Local Authorities, November 2017
370 </a>
370 </p>
371 <p>
371 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/177033/DFE-0
0084-2011.pdf" target="_blank" rel="noopener">
371 Safeguarding Children who May Have Been Trafficked (Home Office, 2011)
371 </a>
371 - non-statutory government good practice guidance
371 </p>
372 <p>
372 <a
href="https://www.local.gov.uk/topics/communities/refugees-and-asylum-seekers/refugees-and-u
naccompanied-children" target="_blank" rel="noopener">
372 Local Government Association - Council Support: Refugees, Asylum Seekers and Unaccompanied
Children
372 </a>
372 - resource for council staff, designed to answer questions about supporting refugees, asylum
seekers and unaccompanied children.
372 </p>
373 <p>
373 <a
href="https://www.gov.uk/government/publications/national-referral-mechanism-guidance-for-ch
ild-first-responders" target="_blank" rel="noopener">
373 National Referral Mechanism: Guidance for Child First Responders
373 </a>
373 - provides details on how to refer a child into the NRM and complete the referral form,
reviews of decisions and the benefits of referral.
373 </p>
374 <p>
374 <a
href="https://www.gov.uk/government/publications/processing-an-asylum-application-from-a-chi
ld-instruction" target="_blank" rel="noopener">
374 Guidance on Processing Children's Asylum Claims
374 </a>
374 - sets out the process which immigration officials follow in determining an asylum claim
from a child and the possible outcomes for the child
374 </p>
375 <p>
375 <a href="https://www.modernslaveryhelpline.org/" target="_blank" rel="noopener">
375 UK Modern Slavery Helpline and Resource Centre - Unseen
375 </a>
375 (Registered Charity)
375 </p>
376 <p>
376 <a href="https://learning.nspcc.org.uk/services/child-trafficking-advice-centre/"
target="_blank" rel="noopener">
376 NSPCC Child Trafficking Advice Centre (CTAC)
376 </a>
376 - specialist advice and information to professionals who have concerns that a child may have
been trafficked.
376 </p>
377 <p>
377 <a
href="https://www.gov.uk/government/publications/unaccompanied-asylum-seeking-children-inter
im-national-transfer-scheme" target="_blank" rel="noopener">
377 National Transfer Protocol for Unaccompanied Asylum Seeking Children
377 </a>
377 - interim national transfer procedure and transfer flow chart for the safe transfer of UASC
from one UK local authority to another.
377 </p>
378 <p>
378 <a
href="https://www.gov.uk/government/publications/support-for-victims-of-human-trafficking
" target="_blank" rel="noopener">
378 How to Report Modern Slavery (Home Office, December 2016)
378 </a>
378 </p>
379 <p>
379 <a
href="https://www.gov.uk/government/publications/child-protection-working-with-foreign-autho
rities" target="_blank" rel="noopener">
379 Child Protection: Working with Foreign Authorities
379 </a>
379 - guidance on child protection cases and care orders where the child has links to a foreign
country
379 </p>
380 <p>
380 <a
href="https://www.rcpch.ac.uk/resources/refugee-unaccompanied-asylum-seeking-children-young-
people-guidance-paediatricians" target="_blank" rel="noopener">
380 Refugee and Unaccompanied Asylum Seeking Children and Young People: Age Assessment and
Children in Detention, (Royal College of Paediatrics and Child Health)
380 </a>
380 </p>
381 <p>
381 <a href="https://www.refugeecouncil.org.uk/our-work/children/" target="_blank"
rel="noopener">
381 Refugee Council - Children's Panel
381 </a>
381 - national remit to offer advice and support to unaccompanied children, and advise other
professionals who are involved in their care.
381 </p>
382 <p>
382 <a href="http://www.childrenslegalcentre.com/resources/supporting-dublin-children/"
target="_blank" rel="noopener">
382 Asylum-Seeking Children Joining Family Under the Dublin Regulation
382 </a>
382 </p>
383 <p>
383 <a href="http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted" target="_blank"
rel="noopener">
383 Modern Slavery Act 2015
383 </a>
383 </p>
384 <p>
384 <a href="http://www.nrpfnetwork.org.uk/News/Pages/british-citizenship-children.aspx"
target="_blank" rel="noopener">
384 Securing British Citizenship for looked After Children - NRPF Network
384 </a>
384 </p>
385 </div>
386 <div class="section1">
386 </div>
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424 </script>
426 <script type="text/javascript" src="js/jQuery.print.js" defer>
426 </script>
427 <script src="js/jquery.shareemail.js" type="text/javascript" defer>
427 </script>
428 <script src="js/cookie-code/jquery.cookiebar.js" defer>
428 </script>
431 <a id="scrollup">
431 <i class="up">
431 </i>
431 </a>
432 <div id="background">
433 <p id="bg_text">
433 Trix procedures
433 </p>
434 <p id="bg_text_msg">
434 Only valid for 48hrs
434 </p>
435 </div>
440 <script type="text/javascript">
448 </script>
451 </body>
452 </html>