Ref: B12(2)
CHILDREN, SCHOOLS AND
Effective from:
FAMILIES DEPARTMENT
NOVEMBER 2005
Children’s Social Care Services
Review date:
NOVEMBER 2006
POLICIES & PROCEDURES
Author: DEBBIE PETERS
TITLE: PROTOCOL ON UNACCOMPANIED ASYLUM SEEKING CHILDREN (UASC) AND
AGE DETERMINATION
PURPOSE OF POLICY:
This protocol provides guidance to operational staff in effectively dealing with
Unaccompanied Asylum Seeking Children (UASC) and provides further
guidance relating to determination of age.
This procedure is continually reviewed by all members of staff for
suitability, effectiveness and customer focus to ensure we can improve
upon the service we provide. If you have any comments on this
procedure, please complete an improvement form included in the ‘Issue,
Control and Revision’ procedure (1.0).
APPROVED BY:
JOB TITLE:
HEAD OF CHILDREN’S SOCIAL CARE
DATE:
8TH November 2005
1
UNACCOMPANIED ASYLUM SEEKING CHILDREN (UASC)
AND AGE DETERMINATION
CONTENTS
PAGE NO
1.
Legal
Framework
and
procedure 3
2.
Applications for Asylum by Unaccompanied Children
3
3.
Referral of Unaccompanied Children to Social Services
4
4.
Age
Assessments
6
5.
Liaison with the IND during the Age Assessment process
8
6.
Other services for Unaccompanied Asylum Seeking Children 8
7.
Entitlement to Support at Age 18
9
8.
Legality of Stay
10
9.
Asylum
Seeking
Families 10
10.
Missing
Children
11
11.
Child
Trafficking
and
Exploitation
11
APPENDICES
Appendix A – The Age Assessment Process
Appendix B – Useful Contacts
Appendix C – Information Sharing in Age Assessments
Appendix D – Making an Application for Asylum
Appendix E – Liaison Arrangements for Handling Age Dispute Cases
Appendix F – Glossary of Terms
Appendix G – UASC Flowchart
Appendix H – The Age Assessment Process Checklist
2
1.
Legal Framework and Procedure
Asylum Procedures are complex and are particularly complicated by the
regularity of changes to the legislation. There have been three major pieces
of legislation affecting asylum and immigration and support for asylum
seekers since 1999, the most recent being the Asylum and Immigration
(Treatment of Claimants etc) Act 2004.
Children who are seeking asylum may be referred to the Local Authority for
advice and assistance. It is for the Local Authority to determine whether a
young person is eligible for services as a child under the Children Act 1989.
The Local Authority must be satisfied that the young person is a child. This
may be through the presentation of acceptable documentation confirming their
age, or by means of an age assessment. It may be that a young person
presents to the Local Authority having had their age disputed by the Home
Office. In such circumstances it will always be necessary to conduct an Age
Assessment of the young person. In other instances the young person may
have been accepted as a child by the Home Office. However, it is for the
Local Authority to conduct its own Age Assessment to determine the young
person’s eligibility for services.
If the young person is assessed as a child, their needs are assessed in the
same way as all children under section 17 of the Children Act 1989. An initial
assessment will determine whether immediate assistance, including the
provision of emergency accommodation, is necessary to avoid destitution. It
will also involve initial enquiries to identify any relative, family friend or suitable
adult willing to accept responsibility for caring for the child or young person.
Agreement to provide accommodation for a longer term must be preceded by
a core assessment, as with all other children.
Once a young person reaches 18, the Local Authority may still provide
services in accordance with sections 23 and 24 of the Children Act 1989 (as
amended by the Children (Leaving Care) Act 2000) in relation to services for
people who have are leaving care.
2.
Applications for Asylum by unaccompanied children
An asylum seeker is someone who flees their home country, often because
major conflicts have taken place, or because serious human rights abuses
have occurred. The Immigration and Nationality Directorate (IND) of the
Home Office is responsible for dealing with asylum applications. A young
person may travel to the UK alone in order to seek asylum.
An unaccompanied asylum seeking child is a person who, at the time of
making an asylum application:
• is, or (if there is no proof) appears to be, under eighteen
• is applying for asylum in his or her own right
3
• and has no adult relative or guardian to turn to in this country.
Applications for asylum are dealt with by the Immigration and Nationality
Directorate of the Home Office. Full information about the processes involved
in an application, how the claim is progressed and the possible outcomes of
an application for asylum are outlined in Appendix D – Making an application
for asylum.
3.
Referral of unaccompanied children to Social Services
3.1
Referral by the Immigration and Nationality Directorate where they
have specific concerns
If, the immigration service is concerned a young person who is permitted to
land is under the age of 18 and there is a suspicion that:
• the child may be at risk of significant harm from those who are
designated to care for him/her
• no arrangements appear to have been made for the child and s/he is
technically abandoned;
then a referral will be made to the Social Services Department, together with
the immigration service’s preliminary assessment and evidence for concern.
The Access & Assessment Team has a duty to carry out a screening
assessment of the information provided to decide whether or not the eligibility
criteria for an initial assessment or child protection enquiry is met. They will
need to explore the following areas with the Immigration/Customs Officer:
• basic details about the child – race, culture, language and religion, date
of birth, usual place of residence
• reasons for concern expressed by Immigration/Customs
• intended address in UK
• name and address and date of birth of accompanying/meeting adult
and nature of relationship to child if any
• contact details of parents for child
• name and address and nature of relationship with adult meeting the
child
• reason for visit to UK
• whether parents have made arrangement for child to come to UK
• demeanour of child and accompanying adult/meeting adult.
3.2
Referrals by the IND regarding Unaccompanied Asylum Seeking
Children (UASC).
It is IND's responsibility to ensure that all unaccompanied children who apply
for asylum in the United Kingdom and who are not already in the care of
Social Services are referred to the responsible SSD as soon as they have
made their claim. Unaccompanied children who are not already in the care of
4
social services are referred to the SSD covering the area of the address the
child gives.
Where a child is accompanied by a legal representative, the adult is asked to
refer the child to the SSD in the area in which they are based because the
child is most likely to have a connection with the same area as their legal
representative or adult "guardian". Where a child has no address or local
connection to a SSD IND will refer to the SSD where the child is at the time.
If an unaccompanied child has sought help from social services before
making an asylum claim, the responsible social worker or another responsible
adult, for example, a legal representative, should take the child to the Asylum
Screening Unit as soon as possible.
If the responsible social worker cannot accompany the child then the SSD
should give the adult acting on behalf of the child a letter showing:
• the child's address, (or an address through which the child can be
reached)
• the name, address and telephone number of the responsible social
worker.
• confirmation that the adult accompanying the child is doing so with the
SSD's agreement.
3.3
Referral by the Refugee Council
Details of all applicants who are unaccompanied minors, including those
whose claim to be under 18 but the Immigration and Nationality Directorate
disputes (and who they therefore treat as adults) are passed to the Children's
Panel of the Refugee Council within 24 hours of the claim being lodged.
The Panel is a Home Office funded body administered by the Refugee
Council. Its role is to provide independent guidance and support to ensure
that the child is aware of his/her rights and the services to which he/she is
entitled throughout the asylum process.
The Refugee Council may refer unaccompanied seeking children who are in
need of support to the Access & Assessment Team.
The Refugee Council may also refer those young people whose age has been
disputed by the Immigration and Nationality Directorate. In these
circumstances it will always be necessary for the Local Authority to conduct
it’s own Age Assessment.
5
4.
Age Assessments
The Local Authority has a need to protect children in its care from adults
claiming to be younger than they are. Age Assessments are required to
ensure that persons receiving services under the Children Act 1989 are
entitled to those services.
4.1
Young People who have been Age Disputed by the IND
Where an applicant claims to be a child but his/her appearance strongly
suggests that he/she is over 18, IND's policy is to treat the applicant as an
adult and offer NASS support (if appropriate) until there is credible
documentary or medical evidence to demonstrate the age claimed. These
applications are flagged as 'disputed minors' and they are treated as adult
cases throughout the asylum process, or until evidence to the contrary is
accepted. In borderline cases IND gives the applicant the benefit of the doubt
and treats the applicant as a minor.
It is NOT acceptable to rely solely on the IND Assessment of Age. Where it
appears to the Social Worker that the Young Person may NOT be the age
given, then an Age Assessment should be carried out in accordance with the
flowchart and forms attached.
N.B. Although it is rare, where a SSD disagrees with IND's assessment of
age,
it is IND's policy to accept the SSD's professional assessment.
Social workers should contact the IND by fax on 020 8760 3105 if they want
the IND to alter the accepted age to under or over 18.
4.2
Assessment by the Local Authority
If a person is claiming to be an Unaccompanied Asylum Seeking Child, they
will receive an Age Assessment by a member of the Access & Assessment
Team. Consideration must be given to the question of whether an
assessment is appropriate, whether or not the young person’s age has been
disputed by the IND.
The worker will request the following information/documents: -
1. Birth
certificate
2. Passport/Travel
Documents
3.
SAL 1 or 2 documents
4.
Home Office reference number
5. Identification
Number
6.
Proof of address – if claiming a local connection.
7.
Name, address, telephone number of the solicitor handing their
asylum application
6
If the young person is clearly a child, or has adequate documentary evidence
to support their stated date of birth a full Age Assessment may not be
appropriate. Any decision to accept documentary evidence provided by the
young person must be authorised by the Access & Assessment Team
Manager.
A full Age Assessment will take place as soon as possible. This MUST be
commenced within 7 working days of the referral. A flowchart is attached
which sets out the steps in the Age Assessment process.
If it is not possible to commence the Age Assessment process when the
young person first presents to the Local Authority, the duty social worker must
ensure that the young person is in receipt of support in the interim period.
If the young person has been age disputed by the IND, they will be
entitled to support from the National Asylum Support Service (NASS).
The duty social worker should contact NASS to confirm the
arrangements for the young person’s support and advise them that the
Local Authority is to conduct an assessment of the young person’s age.
If the young person has been accepted as a child by the IND, however
the Local Authority considers it appropriate to undertake an Age
Assessment, the young person may not have any other means of
support in the interim period until the Assessment is complete. The
duty social worker should consult with the duty manager to consider
whether interim support would be appropriate.
Following the making of a decision regarding the young person’s age, if the
UASC is accepted as under 18 but over 16, they will be referred to the
London Consortium who will provide temporary housing and financial
assistance.
If the UASC is not accepted as a child they will be referred back to the
Refugee Council with a letter explaining the reasons why the individual has
been refused services. A standard letter MUST NOT be used.
Those accepted as UASC will be referred on to the relevant social work team
for ongoing advice and assistance. The young person will be asked and
expected to keep the department fully informed and up to date with their claim
for asylum. Failure to comply with this request may result in ceasing of
funding. At the time that the young person’s case moves to 16+ Team, a
letter will be sent to the landlord informing him/her of funding arrangements
when the young person reaches 18 years of age.
If the status of the UASC remains undecided by the time of their 18th birthday,
Merton Social Services will refer the case to NASS at least 8 weeks prior to
this date. The UASC will than become the responsibility of NASS.
7
4.3
Information gathering during the Age Assessment Process
The young person will be asked to provide information about their background
and life in their country of origin. In some circumstances, it may be possible
to make enquiries in the country of origin. Extreme caution must be exercised
when making any enquiries in the country of origin. The social worker must
seek guidance from their Assistant Team Manager and Legal Services before
making any such enquiries.
5.
Liaison with the IND during the Age Assessment Process
Local Authorities can check whether a child has properly applied to them for
care and support by faxing IND on 020 8760 3105. Local authorities may wish
to do this because they:
• have reason to think that IND does not accept that the applicant is a
minor and is treating him or her as an adult and possibly providing
support from NASS;
• need to verify that the child has not already been accepted by another
Local Authority.
6.
Other services for Unaccompanied Asylum Seeking Children
6.1
Access to medical treatment, education and other benefits
UASC are entitled to medical treatment on the NHS. They are also entitled to
the same educational opportunities as other children. Education authorities
have a legal responsibility to ensure that education is available for all children
of compulsory school age in their area, irrespective of the child's immigration
status. They are entirely supported under the Children Act 1989, which is
maintained by the Department of Health. The Local Authority in all its
functions has a corporate parenting responsibility for them.
6.2
Home Office Grant
Until the child has made a claim, he or she is not an asylum seeker and
cannot be counted as such for grant purposes. Grant is only payable if a child
arrives alone and has never been cared for. Although Local Authorities also
have a responsibility for children who become unaccompanied as a result of
family breakdown after their arrival, they cannot claim grant for these children.
6.3
Representation for UASC
The Panel of Advisers will ensure that all children can obtain legal advice,
available from:
The Immigration Advisory Service
2nd Floor, County House
8
190 Great Dover Street
London SE1 4YB
Telephone 020 7357 6917
Website
http://www.iasuk.org/
Refugee Legal Centre
Nelson House
153-157 Commercial Road
London E1 2EB
Telephone 020 7780 3200
Website
http://www.refugee-legal-centre.org.uk/
7.
Entitlement to Support at Age 18
7.1
UASC granted Discretionary Leave to Remain
UASC who are granted discretionary leave to remain or recognised as
refugees are supported by the Local Authority under the provisions of the
Children Act 1989.
7.2
UASC awaiting decisions regarding their applications at the age of 18
If a young person is awaiting a decision on their asylum application, or if they
are awaiting the outcome of an appeal shortly before they reach their 18th
birthday, he or she should make an application to NASS for support and
accommodation if it is required. It is Government policy to disperse asylum
seekers aged 18 and over, however, dispersal is not automatic for former
unaccompanied minors. Each case is considered on its merits. Dispersal of a
former unaccompanied child may be considered inappropriate if, for example,
the young person is in full time education or has younger siblings remaining in
the care of the local authority. If the responsible social worker considers that a
child should not be dispersed representation should be made to NASS.
In addition to this, NASS will not disperse those young people who reach the
age of 18 before a final decision is reached on their asylum claim, if they have
previously been accommodated by the local authority under section 20 or
section 17 of the Children Act 1989 and qualify as 'former relevant children'
under section 23 of the Children (Leaving Care) Act 2000. A ‘former relevant
child’ is a child that has been looked after by the Local Authority for 13 weeks
since their 14th birthday where the period of accommodation ended when they
reached their 16th birthday.
Responsibility for locating and managing suitable accommodation for this
group of young people will fall to the local authority rather than to NASS (the
local authority will, however, be able to seek reimbursement from NASS up to
an agreed amount).
9
At age 18 a former UASC who makes a fresh asylum claim should contact the
National Asylum Support Service (NASS) if in need of financial support.
Those who have applied for further ELR for compassionate humanitarian
reasons should seek financial assistance from the Benefits Agency (BA).
7.3
Services for former UASC
If a young person reaches the age of 18 and has no further leave to remain in
the United Kingdom, because their application for asylum has been refused,
or their discretionary leave to remain has expired, they are not entitled to
services as young people leaving care under the Children Act 1989. Section
54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002
provide that persons present in the UK in breach of the immigration laws are
not entitled to services under ss 17, 23C, 24A or 24B of the Children Act 1989
(services for young people over the age of 18 who are leaving care).
Any assistance being provided by the Local Authority under these provisions
of the Children Act 1989 must be withdrawn, unless to do so would breach the
person’s rights under the European Convention of Human Rights. A Human
Rights Assessment must be undertaken once their asylum claim fails. [In
such a case where a Human Rights Assessment needs to be undertaken, the
relevant social worker/duty social worker must contact the Legal Department.]
Such individuals can leave the UK either through removal by the Immigration
Service or through a voluntary departure with VARP.
8.
Legality of stay in the UK
London Borough of Merton Children, Schools and Families Department have
a duty to report any person presenting for services who appears to be in the
United Kingdom unlawfully to the Home Office. i.e. those remaining without
Leave. Once an applicant's leave to remain expires, he or she will be here
without leave - and be liable to removal unless they have already submitted
an application to IND for further leave to remain. Applicants must therefore
either leave the UK before their leave expires, or apply for further leave to
remain before their current leave expires.
9.
Asylum Seeking Families
NASS are responsible for support to all adult Asylum Seekers and their
families who are living in the Merton area.
Families with children will normally be placed in the private rented sector.
Subsistence paid to the families will depend on the number of children within
the family, but is based on 90% of the equivalent Income Support level, for
adults, and 100% for children.
10
10.
Missing children
If a Looked After Child/UASC goes missing, residential staff/foster carers
must immediately inform Social Services:
• The child’s social worker or the social worker’s manager;
• Referral and Assessment Team (020 8545 4227/4232); or
• Emergency Out Of Hours Service (020 8770 5000)
The social worker/duty social worker should inform IND, as well as the police,
as soon as any unaccompanied child who is supported goes missing. The fax
number is: 020 8760 3105. For further information please refer to the Missing
Looked After Children Policy in the Children’s Services Policies and
Procedures Manual or on the intranet.
11.
Child Trafficking and Exploitation
Child trafficking and exploitation refers to the disappearance, following arrival
in this country, of vulnerable children from abroad and subsequent illegal use
for employment, sexual exploitation or religious acts.
The Children’s Services Department has a duty to:
• Identify and protect those who may be at risk of significant harm
through trafficking and exploitation;
• Prevent their disappearance from care by disrupting any organised
activity to exploit children;
• Share information with a view to tracing such children who have
disappeared from care.
This is both applicable to both accompanied and unaccompanied asylum
seeking children arriving in London for whom there is concerns about their
safety. Further reference can be sought on Page 174 of the London Child
Protection Procedures, which can be accessed on the Merton Intranet Site.
11
APPENDIX A:
THE AGE ASSESSMENT PROCESS
Relevant documents:
Doc AA/1
Age Assessment Form
Doc AA/2
Letter for Young Person following Initial Interview
Doc AA/3
Initial Interview Follow Up Action Sheet
Doc AA/4
Notification to other Agencies following Age Assessment
The Age Assessment Process
Stage 1: REFERRAL RECEIVED
1.1
Referral received. Duty Social Worker to discuss with Duty Manager
whether Age Assessment is required. If young person is able to produce
documentary evidence regarding their age, Duty Manager to consider
the documents presented;
Where Age Assessment is required, an initial interview should be
arranged. This should take place within 7 days of the referral being
received;
The appointment should be arranged by the duty social worker. An
interpreter may need to be arranged. Check correct dialect with the
young person when arranging the interview. Ensure the interpreter has
sufficient time to stay for the entire interview.
Stage 2: THE INITIAL INTERVIEW
2.1
Preliminary Issues:
Interview to be conducted by a Social Worker from the Access &
Assessment Team. Where possible, a second Social Worker from
the Access & Assessment Team will also attend. The Duty Manager
will allocate one Social Worker to act as the lead;
Full, clear notes should be taken of the interview. The social worker
should note the explanations given to the young person, the
questions asked, and answers given. The notes need not be word
for word, but need to be as detailed as possible. The notes should be
legible;
The lead social worker will explain to the young person the purpose
of the interview, and their role as assessing social worker. The social
worker must ensure the young person understands this, and make a
note of the explanation given.
2.2
Information Gathering
The social worker should ask open ended, non leading questions.
The sections in the Age Assessment Form (Doc AA/1) should be
used as a basis for the interview. These areas are not exhaustive
and other areas can be explored with the young person if
12
appropriate. The social worker should explain why they are asking
questions about specific areas as they go through;
Social workers should be confident in the questions asked. Social
workers should feel able to challenge the information given;
Essential questions which must be asked in every Age Assessment
are:
1. How do you know you were born on the claimed date?
2. Do you have any documents to support your date of birth?
Have you given any documents to anyone else?
2.3
Ending the Interview:
The social worker should discuss their thoughts with the young
person. It should be explained that the information provided will be
used to come to a decision about their age. If the social worker has
doubts about the age of the young person based on their appearance
or presentation, or the credibility of the information provided, this
needs to be explained to the young person to give them the
opportunity to respond;
The social worker should go through the notes taken with the young
person. If necessary, the interpreter should be asked to assist. The
notes should be signed and dated by the social workers, young
person and interpreter;
The lead social worker should arrange a follow up interview with the
young person. The letter explaining the process should be given to
the young person (Doc AA/2).
Stage 3: ANALYSIS
Information Gathering & Analysis
All information provided should be considered, and followed up by
the social worker where necessary. The social worker may need to
contact other professionals working with the young person to obtain
their feedback;
Each source of material should be considered. The social worker
must refer to all information to show this. Each document or source
of information must be referred to, stating why it is accepted or
rejected;
This information should be discussed with the Social Worker’s
supervisor for further guidance in relation to the information required.
All information should be included in the Age Assessment form and
analysed accordingly.
Stage 4: THE FOLLOW UP INTERVIEW
As with the initial interview, full notes should be taken, and an
interpreter should be present if required – see section 2.1 above.
The same social workers who conducted the initial interview should
be present at the follow up interview.
The social worker should explain that the purpose of the interview is
to discuss the initial analysis that has been made of the information
13
provided so far.
The social worker should go through the Age Assessment document
and explain the analysis in each section. The young person should
be invited to comment. Any discrepancies identified by the social
worker must be put to the young person.
Any comments made by the young person should be noted on the
Age Assessment form in section XX.
If the social worker worker considers they have sufficient information
to make their decision, they should indicate this to the young person,
and inform them they will notify them of their decision as soon as
possible.
If the social worker considers that further information or follow up is
now required and a further interview will be appropriate, the social
worker should seek guidance from the Duty Manager.
Stage 5: FINAL ANALYSIS & DECISION MAKING
The additional comments made by the young person should be taken
into account and a final analysis made. The conclusion section of
the Age Assessment should be completed. The completed Age
Assessment must be counter signed by the Team Manager in the
Access & Assessment Team;
On completion of the Age Assessment, the social worker is
responsible for drafting a decision letter for the young person. A
standard letter must never be used.
The Age Assessment and decision letter must be sent to the young
person. Where possible, this should take place no later than the
following working day after the follow up interview.
Stage 7: AGENCIES TO BE NOTIFIED
7.1
Form AA/4 should be completed by the lead social worker and faxed
to both the IND and the Refugee Council.
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AGE ASSESSMENT
1.
PERSONAL DETAILS
First Names:
Family Name:
Gender:
DOB:
Date Turns 18:
Country of Origin:
Ethnicity:
First Language:
Interpreter Details:
Religion:
Client number:
Address when assessed (if not newly arrived):
Current Address:
Tel:
2.
INFORMATION SUPPORTING STATED DOB AND IMMIGRATION
INFORMATION
HO Reference
No:
Have you seen the Young Person’s ARC card? Does the young person have any
correspondence from the IND? Please list:
How does the young person know what their date of birth is?
Does the young person have any documents to support their claimed date of birth? Have they
provided any documents to any other person/agency?
Examples of documents the young person may have include: SAL1, SAL2, IS96, Interview letter, ID
card, Birth Certificate, Driving Licence, Passport of Travel document, Letter from their solicitor.
Doc AA/1
3.
FAMILY MEMBERS
First names
Family Name Relationship Country
Deceased Able
to Age
Residing
Support
4.
CONTACTS IN THE UK
First
Family
Relationship Address
Name
Name
5.
REFERRAL & INTERVIEW INFORMATION
Date referral received:
Referral from:
Reason for assessment and information gathered from referrer:
Date of initial interview:
Assessing SW:
Other persons present?:
Doc AA/1
6) PHYSICAL APPEARANCE & DEMEANOUR
Information relating to age, well-being and identification in case of disappearance.
All assessments begin with initial impressions made from visual presentation
Make an initial
estimate of age range,
Based on height, facial
features (facial hair,
skin lines/folds, etc),
voice tone, and general
impression.
NB: consider racial
differences here –
In some cultures, boys
have facial hair at an
early age;
girls develop at
different ages
Life experiences and
trauma may impact on
the ageing process:
Critical Analysis
bear this in mind
Demeanour You must
take account of how
the person presents,
style, attitude and
authority and relate this
to the culture of the
country of origin,
events preceding the
interview, journey
experiences etc.
Establish how long it
has taken that the
person to arrive in the
UK, from the time they
left their country of
origin. Include this in
the age calculation.
Doc AA/1
7) INTERACTION OF PERSON DURING THE ASSESSMENT
The manner in which the person interacts with the assessing
Worker conducting the assessment will provide an indication of whether or not the person
is responding in an age appropriate manner.
Note both the verbal
and non-verbal (body
language) behaviour of
the person. The
assessing worker
should observe factors
such as; how the
person copes with the
assessment; does s/he
appear confident or
overwhelmed; does
s/he appear to take a
“one down” position or
not.
Does the person
Critical Analysis
appear to be
uncomfortable
speaking to an adult?
Your position will be
seen as one of power,
which may influence
the way the person
interacts with you.
Your role, and those of
Social Services and
the Home Office, need
to be clarified
Doc AA/1
8) SOCIAL HISTORY & FAMILY COMPOSITION
Events in country of origin affecting the child, details of the journey and events since
arrival in the UK.
Establishing a family tree will help the assessing worker to identify the likely age of the
person compared with the stated age. Ages of parents and siblings and extended family
should be established. In the case of deceased family members, the year and age at the
time of death should be recorded. Drawing a graphic family tree is useful where names of
the family members and ages can be included, which may help the person to be more
accurate whilst also allowing the person to feel involved. The information gained may
indicate discrepancies or impossibilities, which need to be clarified.
A social history
Indicate to the young
person that you are
aware that talking
about his/her family
may be very painful
and difficult for him/her.
For some, it may be
too painful to speak
openly at this time: this
must be understood
and respected.
Clarify the nature of
Critical Analysis
their parent and sibling
relationships as some
cultures for example,
call a half-brother their
brother, or stepmother
their mother.
Also ask if either
parent had more than
one wife / husband.
Doc AA/1
9) DEVELOPMENTAL CONSIDERATIONS
Questions about the types of activities and roles that the person was involved in prior to
arriving in the UK can often give an indication of age. Use open-ended
questions: this will
allow the person to
disclose information
without prompting.
In some cultures it
could be normal for a
young teenager to be
working full-time. A
person may appear to
answer a question
about alcohol in a shy
manner because their
religion does not allow
for this.
“Tell me what you did
in your spare time” is
the sort of question
that can elicit age
appropriate interests
and activities. Relate
answers to what would
be appropriate in the
young person’s country
of origin and culture.
Ask about peer
relationships at school
/ work /
neighbourhood. Does
what the person is
Critical Analysis
describing seem age
appropriate?
Questions about age
related rituals should
be asked; including
forced marriage, and
any sexual
relationships.
Some young people
may have been
involved in a range of
traumatic situations: as
young soldiers, in
armed conflict, or in
sexual exploitation.
Answering many of
these questions may
be too painful until a
relationship of trust has
been established.
Arranging for a person
to be involved in social
situations with other
young people of the
age stated, and
observing their
reactions be can
helpful.
Doc AA/1
10) EDUCATION
Obtaining a detailed account of the person’s educational history is a valuable source in the
age assessment process.
Listed below are
important facts that
need to be elicited:
Age at which school
was started.
Number of completed
years spent in any
school.
Establish if there were
any gaps in education
and if so, how long was
the gap/s and why.
Adding the number of
years of school
attendance to the age
school was started at,
including possible
disruptions in schooling
should equate to the
Critical Analysis
stated age.
Names and addresses
of schools attended.
Subjects taken.
Knowledge of other
countries’ education
systems is useful in
validating the
information provided.
For example, it is the
norm to have six years
of junior and six years
of senior school in
some countries.
It may be possible to
contact schools in
some countries of
origin.
Doc AA/1
11) INDEPENDENCE/SELF-CARE SKILLS
Understanding the level of ability, experience and confidence that a person has in being
able to care for his/herself can be an indicator of age. The assessing worker may wish to
ask the person directly how s/he feels about living in an independent setting and observe
the reason.
What type of help is the young person asking for? What type of support would they like
from the Local Authority? Is there any other information the young person would like to
discuss?
Has the person lived at
home or has s/he lived
on his/her own/in an
independent setting.
Is there a clear
impression that the
person has never lived
away from home and
has been cared for by
adults?
Does the person have
experience in
managing money,
paying bills, arranging
appointments, buying
food and other supplies
etc?
Is the person able to
cook more than just a
basic meal.
Take account of the
local situation from
which the person has
come – e.g. war,
famine; and of cultural
norms, for example it
Critical Analysis
may not be expected
that men should have
any domestic skills in
some countries.
Has the person stated
a preference during the
assessment of how
s/he wishes to live in
the UK?
Would this person be
at risk living
independently? Give
reasons for your
answer.
If the stated age is in
doubt, you may wish to
suggest that if the
person is believed to
be under 16 s/he will
be placed in foster care
where certain
restrictions and house
rules will have to be
followed. Observe any
reaction to this.
Doc AA/1
12) HEALTH & MEDICAL ASSESSMENT
Any physical or mental health issues? Any injuries, trauma suffered? Nutritional needs,
regular treatment required for any illness? Has the young person had any immunisations?
Can they recall which and when? A medical opinion and view on age will always be helpful.
Questions about the
person’s health history
can be informative in
assessing age, both
from the information
given and reactions to
specific questions.
The Royal College of
Paediatricians has
advised that there can
be a five-year margin
of error in age
assessment. However,
views on age from a
GP, dentist or optician
can be very helpful and
may produce a
narrower range.
Critical Analysis
Doc AA/1
13) INFORMATION FROM DOCUMENTS & OTHER SOURCES
Documentation when available should always be carefully checked; authenticating
documents, however, is a specialist task. If the assessment is an ongoing process it is
important to obtain the views of other significant figures involved with the young person.
Has the young person had any interaction with other professionals/agencies? What are
their opinions?
Other sources may
include foster carers ,
residential workers,
school teachers, panel
advisors, doctors,
solicitors, interpreters,
and other young
people.
Observations of how
the young person
interacts in different
social situations can
provide useful age
indicators.
Critical Analysis
Doc AA/1
14) ANALYSIS OF INFORMATION GAINED AND PROVISIONAL CONCLUSIONS
Key indicators of the
conclusion
The assessing worker
should draw together
the information
obtained, and present
his/her views and
judgement on the age
of the person being
assessed, giving clear
reasons for the
conclusion. If this
differs from the stated
age, clear reasons for
this disagreement
should be given.
Please remember this
process is not an exact
science and that
conclusions should
always give the benefit
of doubt.
Doc AA/1
15) YOUNG PERSON’S COMMENTS
This section should be completed at the follow up interview with the young person. You
should explain the provisional conclusions you have come to and your reasons for
reaching such conclusions. The young person should be given the opportunity to explain
or answer any issues you have considered which might lead you to conclude they are older
than they claim to be.
You should highlight
any areas of particular
concern. If you have
any reason to doubt
the young person’s
credibility the reasons
for those doubts should
be put to the young
person to give them
the opportunity to
explain any
discrepancies/
misunderstandings.
Critical Analysis
Doc AA/1
16) FINAL CONCLUSIONS
Consider whether any
of the further
information provided by
the young person
alters your provisional
conclusions.
BASED ON THE ASSESSMENT, THE CLIENT’S AGE IS:…….………………….
Name of assessing social worker
Signature of assessing social worker
Team
Date
Name of Team Manager
Signature of Team Manager
Date
Doc AA/1
CHILDREN, SCHOOLS AND FAMILIES DEPARTMENT
London Borough of Merton
NAME
Childrens Division
ADDRESS
Access & Assessment Team
Worsfold House
Mitcham
Surrey CR4 3FA
Direct Line:
020 8545 4226
Fax:
020 8545 4204
Email:
My Ref :
Please Ask For:
Your Ref:
Date:
XXXX
Dear ,
Age Assessment
Thank you for coming to meet with me today so that I could start your age
assessment.
I have made notes of the information you have given me today. I now need to
consider this information and may have to make some other enquiries before I can
come to a view about your age and whether you are entitled to services from the
Local Authority as a child.
Once I have gathered this information, I will need to meet with you again to talk about
the age assessment. I may have some more questions about the information you
have given me. I would like to meet with you on DATE at TIME. This meeting will be
at Worsfold House. I have arranged an interpreter to be present at this meeting.
At this meeting I plan to be able to discuss my initial views about your age with you.
You will then be given an opportunity to comment on this and I will take your
comments and any other information you give me into account before I come to my
decision. I will not be able to give you the decision in writing or a final copy of the
age assessment on that day, these will be sent to you as soon as possible after our
next meeting.
In the meantime, if you have any questions or think that there is any other information
I should know, please contact me at the address above. You can telephone me on
020 8545 XXXX.
Yours sincerely,
NAME
Social Worker
Access & Assessment Team
AA/2
INITIAL INTERVIEW - FOLLOW UP ACTION REQUIRED
Action taken
NASS/Refugee Council contacted to confirm support arrangements for young person
pending outcome of age assessment?
Other action: _______________________________________________________________
______________________________________________________________________
Further action required:
Follow up interview arranged for ________________________________
Letter explaining process given to young person?
Translator arranged for follow up interview? Reference: _________________________
Do any documents need to be obtained? If so, please give details and where they
should be obtained from:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________
Other action required? Please specify:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Signature of assessing SW:
Team:
Date:
AA/3
CHILDREN, SCHOOLS AND FAMILIES DEPARTMENT
London Borough of Merton
Childrens Division
To:
Access & Assessment Team
Immigration and Nationality Directorate
Worsfold House
BY FAX: 020 8760 3105
Mitcham
Surrey CR4 3FA
Refugee Council
Direct Line:
020 8545 4226
BY FAX: 020 7840 4388
Fax:
020 8545 4204
My Ref :
Please Ask For:
NOTIFICATION OF OUTCOME OF AGE ASSESSMENT
Young Person:
Claimed DOB:
HO Ref:
The above named young person was referred to the London Borough of
Merton for services as a child. The Local Authority has undertaken an
assessment of the young person’s age.
The assessment considered that the young person:
Is a child, eligible for services under the Children Act 1989. Services
are being arranged for the young person.
Is not a child and is not eligible for services under the Children Act
1989. The young person has been provided with a copy of the Age
Assessment report and has been advised to contact the Refugee
Council.
If you require any further information, please contact the assessing
social worker, ____________________ on telephone 020 8545 ________.
Signed: _______________________________
Date: _________________________________
APPENDIX B:
USEFUL CONTACTS AND TELEPHONE NUMBERS
The Office of the Immigration Services Commissioner (OISC)
OISC sets standards for immigration advisers in the UK. Those providing
immigration advice or services in the course of business, whether or not for
profit, must seek registration or exemption by the OISC. Only solicitors,
barristers and legal executives holding a valid practicing certificate do not
need OISC authorisation. Anyone else who gives advice on asylum issues
could be breaking the law.
The OISC web site http://www.oisc.gov.uk/ lists the advisers in their scheme and
provides a link to solicitors who provide immigration advice. Alternatively the
OISC Helpline can be reached on 0845 000 0046.
Home Office
Website:
http://www.ind.homeoffice.gov.uk/
Immigration and Nationality Enquiry Bureau (INEB) Tel. 0870 606 7766
Refugee Council Panel of Advisers
Tel 020 7582 4947
Ports
Dover (East)
Tel. 01304 244900
Gatwick North
Tel. 01293 892500
Gatwick South
Tel. 01293 502019
Heathrow Terminal 1
Tel. 020 8745 6800
Heathrow Terminal 2
Tel. 020 8745 6850
Heathrow Terminal 3
Tel. 020 8745 6900
Heathrow Terminal 4
Tel. 020 8745 4700
Waterloo
Tel. 020 7919 5900
Asylum Welcome
The Vestry Hall
London Road
Mitcham
CR4 3UD
Telephone 020 8685 1771
Email: [email address]
APPENDIX C:
INFORMATION- SHARING IN THE AGE ASSESSMENT PROCESS
PRINCIPLES FOR INTAKE TEAMS
1
Information about unaccompanied asylum-seeking children must to
be treated as confidential. The circumstances in which it will be
shared, the name of the receiving agency and the use that will be
made of it need to be described and contained in a protocol.
2
In many cases the young person will only give basic details at this
preliminary, intake stage of their assessment. In some cases they
will give more detailed or sensitive information even at this stage
and the local authority will control that information in the usual way,
only sharing it with other agencies to promote the child’s best
interest (for example health or protection) and preferably with their
consent.
3
However, there is a regular need to share basic information – for
example, name, dob, address, nationality, identifying numbers, LA
with responsibility, contact officer and so on - with various agencies
to ensure that young people are able to access the correct
agencies, and that transfers between agencies are properly co-
ordinated. This practice will also enable LAs and IND to ensure that
there is no duplication of service provision.
4
Basic details on UASCs are already subject to routine sharing
between local authorities and IND through the datamatching
process. The intake teams will ensure that the basic details
required in this process are gathered and agreed with IND.
5
The intake teams which are party to the development of this
guidance will routinely share basic information with each other to
ensure that young people who may present at more than one intake
point are treated consistently and are not subject to further
unnecessary assessment.
6
Local authorities, which have subsequent contact with a young
asylum- seeker, need to be able to identify LAs which have had
earlier contact. The intake teams will routinely share basic
information with the National Register of UASCs (in development).
The intake teams forms and processes will ensure that the young
person is made aware of the need to share this basic information and
the reasons for it.
APPENDIX C:
INFORMATION- SHARING IN THE AGE ASSESSMENT PROCESS
PRINCIPLES FOR INTAKE TEAMS
7
Information about unaccompanied asylum-seeking children must to
be treated as confidential. The circumstances in which it will be
shared, the name of the receiving agency and the use that will be
made of it need to be described and contained in a protocol.
8
In many cases the young person will only give basic details at this
preliminary, intake stage of their assessment. In some cases they
will give more detailed or sensitive information even at this stage
and the local authority will control that information in the usual way,
only sharing it with other agencies to promote the child’s best
interest (for example health or protection) and preferably with their
consent.
9
However, there is a regular need to share basic information – for
example, name, dob, address, nationality, identifying numbers, LA
with responsibility, contact officer and so on - with various agencies
to ensure that young people are able to access the correct
agencies, and that transfers between agencies are properly co-
ordinated. This practice will also enable LAs and IND to ensure that
there is no duplication of service provision.
10
Basic details on UASCs are already subject to routine sharing
between local authorities and IND through the datamatching
process. The intake teams will ensure that the basic details
required in this process are gathered and agreed with IND.
11
The intake teams which are party to the development of this
guidance will routinely share basic information with each other to
ensure that young people who may present at more than one intake
point are treated consistently and are not subject to further
unnecessary assessment.
12
Local authorities, which have subsequent contact with a young
asylum- seeker, need to be able to identify LAs which have had
earlier contact. The intake teams will routinely share basic
information with the National Register of UASCs (in development).
The intake teams forms and processes will ensure that the young
person is made aware of the need to share this basic information and
the reasons for it.
APPENDIX D:
THE APPLICATION FOR ASYLUM
1.
Making the application for asylum
Like adults, separated children may apply for asylum at ports of entry, such as
airports, or after entry usually at the asylum screening units of the Home
Office. Applications in the London area are dealt with by the Asylum
Screening Unit in Croydon. As separated children are deemed to be
vulnerable, they can also apply at local immigration service enforcement
offices. Separated children applying for asylum will be finger-printed (unless
they are under five), photographed and asked brief questions about how they
travelled to the UK. Immigration officers should not ask for details of why a
young person is seeking asylum at this point.
The young person will be given:
Immigration identification papers, including an Application
Registration Card (ARC), which includes their photograph and
personal details. The ARC confirms that the person has formally
applied for asylum in the UK. They will also receive the information
provided on this card in paper format;
A ‘statement of evidence form (minor)’, which is the asylum
application form given to children that should be filled in with the
support of a legal representative and submitted to the Home Office
within 28 days;
A “one-stop notice” and “statement of additional grounds” form,
which gives applicants the opportunity to list all their reasons for
wanting to enter or remain in the UK (including on human-rights or
ill-health grounds) as early as possible.
People applying for asylum at ports of entry will also be issued with
a document called an IS96, which gives temporary admission to
enter the UK.
2.
How is the application dealt with?
Applications from unaccompanied minors are handled by specially trained
caseworkers, for whom the welfare of the child is a central consideration.
IND's target for 2002/2003 is to make an initial decision on 65% of
applications from unaccompanied minors within 2 months. Decisions are
normally made on the basis of the information provided in the Statement of
Evidence (Minor) Form (SEF). The Immigration Rules are being amended to
allow this change of policy; and IND is arranging training for staff who will be
responsible for interviewing children, always in the presence of a responsible
adult.
IND caseworkers consider each claim in accordance with the guidelines set
out in the Handbook on Procedures and Criteria for Determining Refugee
Status under the 1951 UN Convention, the IND's Asylum Policy Instructions
(APIs) and the country information provided by the Country Information and
Policy Unit (CIPU).
NB Applicants who reach their 18th birthday before an initial asylum
decision is reached, or while awaiting the outcome of an appeal, are
treated as adults and will be transfer to NASS for support where
appropriate.
3.
Information Sharing by the IND
Information provided by asylum applicants is particularly sensitive and the
SEF form begins with a statement of confidentiality. The IND will not disclose
any information to the authorities in the applicant's own country, including their
Embassy in this country. Information may be disclosed, however, to other UK
Government departments and agencies, local authorities, international
organizations and other bodies to enable them to carry out their functions.
Further information on confidentiality issues can be accessed from IND's
Asylum Policy Instruction (API) on Disclosure and Confidentiality of
Information (Chapter 16, Section 2) located on the Home Office website.
4. Detention
Unaccompanied minors seeking asylum are only detained in the most
exceptional of circumstances. If, for example, they arrive in the United
Kingdom 'out of hours' and the Immigration Service may have no option but to
keep them overnight until they can be collected by a social worker in the
morning.
Applicants who claim to be children, but whom IND are treating as adults
(age-dispute cases) are subject to detention in the same way as any other
adult.
5.
Possible outcomes following an application for asylum
Refugee Status Granted
A person is recognised as a refugee when the Government decides that they
meet the definition of refugee under the United Nations (UN) Convention
Relating to the Status of Refugees (1951)(amended by the 1967 protocol),
and accepts that the person has a well-founded fear of persecution under one
or more of the reasons set out in the Convention; their race, religion,
nationality, political opinion or because they fall within a particular social
group, for example, people who have a well-founded fear of being persecuted
because of their gender or sexual orientation.
A person with refugee status is currently granted indefinite leave to remain
(ILR), which means there are no conditions set on his or her stay in the UK.
Humanitarian Protection
Humanitarian protection may be granted where an asylum seeker is refused
refugee status because the Home Office does not accept that the person
meets the strict criteria laid down in the UN Convention relating to the Status
of Refugees, but still decides that it is too dangerous to return them back to
their country of origin because they face a serious risk to their life or person.
Humanitarian protection will normally be granted for three years; however,
shorter periods may be granted. At the end of the three years, the Home
Office will “actively review” whether humanitarian protection should be
extended, or ILR granted, or if there is not longer a need for protection, in
which case a person is expected to return to their country of origin.
Discretionary Leave
If the Home Office does not accept that a young person should be granted
either refugee status or humanitarian protection, then discretionary leave is
usually granted if adequate reception arrangements are not available in their
country of origin.
Discretionary leave is usually granted for either three years or until the young
person’s 18th birthday, whichever is earlier, although there may be some
exceptions. For example, for young people who come from non-suspensive
appeal countries, discretionary leave is only given for 12 months or until their
18th birthday, whichever is shorter.
Applications can be made for extensions to discretionary leave and this
should be done before the leave expires. After the discretionary leave period
has expired, the claimant’s situation will be reviewed with further leave
granted if considered appropriate by the Home Office. A person on
discretionary leave will normally become eligible to apply for ILR after six
years.
Temporary Protection
In 2005, the Home Office added a new form of protection that will be given to
people who need short-term protection in particular circumstances, such as
where there is a mass influx of people fleeing a war. This will be similar to the
one-year ELE given to Bosnians and Kosovars in 1999.
Exceptional Leave to Enter/Remain
Before April 2003, when humanitarian protection and discretionary leave were
introduced, a similar status known as exceptional leave to enter/remain
(ELE/R) was granted to people that the Home Office did not consider to meet
the criteria of refugee status but for whom it would be too dangerous to return
to their country of origin. Exceptional leave was usually granted for four
years, at the end of which the person could apply for ILR. There will still be
some separated young people who have ELR/E rather than humanitarian
protection or discretionary leave.
2.8
Special Country Policies
The security and humanitarian conditions in asylum seekers' countries of
origin are sometimes such that for compassionate reasons the IND would not
normally seek to return any asylum seeker (adult or child) but instead grant
them limited exceptional leave to remain in the UK. Each case is however
considered on its merits. The countries where such policies apply will vary
from time to time depending on the conditions in countries of origin. Country of
origin information is published on the Home Office website.
2.9 Appeals
If a UASC wishes to appeal a decision made in relation to their application, it
is the responsibility of the Child/Young person to seek Independent Legal
Advice.
APPENDIX E:
LIAISON ARRANGEMENTS FOR HANDLING AGE DISPUTE CASES
(IND PROCESS)
A. Where IND do not accept the applicant's claim to be a minor (either in
one of the Asylum Screening Units (ASU) or at a Port)
• An Immigration Officer or a member of the Asylum Screening Unit staff
tell the applicant that he or she does not accept the applicant's claim to
be a minor, and so will be putting the asylum claim through adult
procedures unless the applicant can produce acceptable evidence to
substantiate the age claimed. The Asylum Screening Unit provides the
applicant with a letter confirming that he or she is being treated as an
adult for asylum purposes. An Application Registration Card is issued
after induction.
• IND refers the applicant to NASS if they need support.
• NASS treats the applicant as an adult for support purposes. If the
applicant subsequently provides acceptable evidence that he or she is
under 18, NASS informs IND, terminates NASS support and refers the
applicant to the Local Authority where the child is then resident for
assistance.
• IND also tells the applicant about the services offered by the Refugee
Council and gives contact details.
• IND sends the applicant's details to Refugee Council.
B. Where the applicant claims to be an adult but IND believes they may
be a minor
• IND question the applicant and explain there is doubt about the age
given.
• IND contacts the responsible social services department (and also the
police if there is reason to believe the child may be a victim of
trafficking/prostitution).
• Social services attend. If they agree with IND that the applicant
appears to be a minor, social services take charge of the applicant, and
IND treat the asylum claim as that of an Unaccompanied Asylum
Seeking Child. IND issues an Application Registration Card (ARC). In
some cases (by agreement and depending on age and risk) IND direct
applicants to social services rather than escort them.
OR
• If social services disagree with IND's assessment and say the applicant
is an adult as claimed, IND treats the applicant as an adult asylum
claimant and refers him or her to NASS if support is required. IND
issues an Application Registration Card after induction.
Current Arrangements In The Refugee Council
C. Where IND has decided to treat the applicant as an adult and the
Refugee Council do not wish to invoke emergency procedures.
• The Refugee Council advise the applicant of the procedures and put
him or her in touch with a legal representative or other expert advice as
required
D. Where IND has decided to treat the applicant as an adult and then
Refugee Council wish to invoke emergency procedures
• The Refugee Council notifies the relevant social services department
and invites their comments on/participation in the age assessment.
• The Refugee Council informs IND if the social services department
assesses the applicant as a minor. IND amends the files to show the
applicant as an Unaccompanied Asylum Seeking Child. IND issues a
new ARC.
• The Refugee Council continues to offer support as at "C" above if the
social services department assesses the applicant as an adult but the
applicant wishes to pursue a challenge to IND's/Social Services'
assessment
.
Process To Be Followed By Social Services Departments
E. Where IND has referred an applicant to a social services department for care as a
minor but the social services department believes the applicant is an adult
• The social services department contacts IND
(Fax. 020 8760 3105).
IND amends the case record to show that the applicant is an adult
asylum seeker and informs the social services department, who
arranges to send/direct applicant to NASS to apply for support. IND
issues a new Application Registration Card.
• The social services department refers the applicant to NASS and the
Refugee Council if support is required. If the applicant has no legal
adviser, the Refugee Council will arrange for the necessary advice and
assistance if the applicant wishes to challenge the social services
department's assessment.
F. Where IND has decided to treat the applicant as an adult (and
referred to NASS if appropriate) but the applicant claims support
from social services department direct.
• The social services department decides on their responsibility to the
applicant and assesses the age of the applicant. If the social services
department agrees with IND, they tell the applicant and refer him or her
to NASS if appropriate. The social services department will also notify
NASS and IND of their involvement and share reasons for their
decision on age.
If the social services department assesses the applicant as a minor, they
inform IND who amend the case record to show the applicant is to be treated
as an Unaccompanied Asylum Seeking Child and issue a new Application
Registration Card. Social services also inform the Refugee Council and any
legal representative as appropriate.
APPENDIX F:
GLOSSARY
A
Accommodated
See s20
Administrative non-compliance
A category of refusal for an asylum application. This can be a major
reason for UASC (
q.v.) refusals, for example - if they do not return
required forms in time.
ADSS
Association of Directors of Social Services
Age Assessment
The process by which a local authority collects information about the
likely age range into which a child falls, where no independent proofs
exist. The assessment represents the professional opinion of the social
worker based on recorded evidence about the balance of probabilities
at the time.
Age Determination
IND’s power to look into and determine the age of an asylum-seeker for
the purposes of determining his/her entitlement to welfare support
under the Immigration and Asylum Act 1999, s94 ss7. This process
requires decisions to be made quickly. It is open to challenge either by
submitting further proof direct to IND or in the case of children the
professional assessment of a local authority.
Age Disputed
A category of asylum-seeker recorded on the IND database. It implies
that someone has claimed to be a child but is being treated as an adult
by IND.
Application
The declaration made by an asylum-seeker to IND that they wish to be
protected by the UK Government and remain in the UK. It is a process
and at the early stages may only involve disclosure of basic details,
whereas later it may include details of alleged persecution etc.
Approved Social Worker (ASW)
Social Worker appointed by the local mental health service under the
Mental Health Act 1983, approved to undertake assessments in the
community of people with mental health problems.
ARC Card
A new system of “smart cards” issued to asylum applicants. They
contain a photo and on the “chip” have further identifying details, which
can only be read with special equipment. They are increasingly the
main form of proof of identity for asylum-seekers.
ASU
Asylum Screening Unit. Asylum-seekers who have not declared at Port
are likely to have their initial contact with a Screening Unit. The best
known is Croydon but there are others in for example Leeds and
Liverpool. They are generally part of the Immigration Service (see
below).
Asylum
A general term for the protection offered by the UK to people who claim
to be at risk and who cannot find the protection they need from their
own state authorities.
B
“
Belonging”
See Local Connection
C
CAMHS
Child and Adolescent Health Services
Caseworker (or Senior Caseworker).
A member of the ICD (see below), trained and skilled in decisions
about refugee status, humanitarian protection etc. They will gather the
information relevant to an application and make the initial decision.
They will present the IND case if a negative decision is subject to
appeal.
Central Point of Contact
A special IND unit in Croydon which has been set up to assist local
authorities who need information on individual cases. There is a
telephone number dedicated to enquiries about UASCs. As confidential
information is being shared, users need to be registered as
bona fide representatives of a local authority with a need to know.
Child in Need (CIN)
Children Looked After (CLA)
See s20
Convention (on Refugees)
The UN Convention which describes the particular circumstances
which qualify someone for refugee status as opposed to other
protection needs which an asylum-seeker may have (United Nations
1951) Not to be confused with the UN Convention on the Rights of the
Child 1989.
COAS
Core Assessment (see Framework for Assessment)
Courier
An adult who accompanies the child/young person as far as the UK,
but takes no further responsibility for them. They may or may not be
paid, and/or involved in smuggling or trafficking (
q.v.).
Criminal Records Bureau (CRB)
A recently-established, one-stop-shop for checking the records of
people applying for posts involving work with children.
D
Discretionary Leave (DLR??).
A time-limited permission for asylum-seekers to remain in the UK
despite the fact that they have not established that they are refugees
nor that they require humanitarian protection. UASCs may be given
DLR since they cannot be returned as children. In the case of adults
the leave is subject to thorough review at 3 years. For UASCs the
review is at 3 years or 18th birthday whichever is the sooner.
E
Exceptional Leave to Enter and/or Remain. (ELR)
The legal permission which may be granted to an asylum-seeker who
has not established that s/he should be considered to be a refugee but
nevertheless needs to remain in the UK. Some UASCs may be granted
ELR because of serious humanitarian needs; but others, who would be
returned if they were adults, will receive ELR to their 18th birthday. At
the time of publication, ELR policy is under fundamental review.
F
Framework for Assessment
Guidance produced by DH under s7 of the Local Authority Social
Services Act 1970 which provides a systematic way of analysing,
understanding and recording information about children in need and
their families/carers. It comprises an initial and core assessment
process. It does not have the force of law, but local authorities are
required to comply with it unless there are clear, local reasons to the
contrary.
G
Grant
Local authorities assisting UASC can claim a grant payment from IND
for any UASC they are supporting under their Children Act duties. The
grant is paid for specific expenses only and applies to under 18’s. LA
service developments which help ensure IND processes are completed
efficiently, or which are more efficient in cost terms, may be put to IND
as bids for special grant funding.
H
Humanitarian Protection
Asylum-seekers who do not qualify as refugees, (e.g. because their
persecution is not due to religious or political affiliation), may never the
less need protection from life threatening situations, or inhuman or
degrading treatment. If their own government is unable or unwilling to
protect them, the UK government may accept a duty to. This is new
policy development.
Human Rights Act
The HRA sets out the different grounds on which someone may be
entitled to take action against a government agency for the treatment
they have received:
• Article 2 is the right to a due legal process
• Article 3 concerns the rights to have one’s life protected free
from torture (see, Humanitarian Protection)
• Article 8 gives rights to personal and family life.
I Identification, Referral and Tracking
A preventive initiative, led by the Children and Young Person’s Unit
(CYPU), designed to combat risk and disadvantage by means of a
comprehensive system which will ensure that children and young
people are not “lost” to services designed to support them. All local
authorities are in the process of designing local data-collection and
sharing systems.
Immigration and Nationality Department (IND) of the Home Office.
IND contains all the Home Office services which relate to immigrants to
the UK. This definition concerns those which bear on asylum issues
only. There are three separate directorates in IND all with their own
definition. They are the Immigration Service, the Integrated Casework
Directorate and the National Asylum Support Service.
Immigration Service
This directorate of IND deals with people entering the UK or with those
who should leave on the expiry of their leave to remain. Its officials
screen applicant at ports or in screening units and issues necessary
documents pending decisions on the application. Cases are usually
transferred quickly to the Integrated Casework Directorate.
Indefinite Leave to Remain (ILR)
Refugee status (
q.v.)
Information Note
A general summary of the arrangements for dealing with UASCs
published by IND in August 2002.
Integrated Casework Directorate
ICD is made up of teams of case-workers who will make asylum
decisions on application, represent IND at appeals and judicial
challenges, and ensure the communication of the decisions to those
entitled to know. There are specially trained teams who deal with
applications from children. ICD has agreed to communicate with
relevant local authorities about UASC decisions and to deal with their
queries through the Central Point of Contact.
Integrated Children’s System (ICS)
A new system based on the Framework for Assessment and LAC
materials (
q.v.), which provides for the assessment of children in need;
(being piloted, at the time of writing.)
Interview (also known as substantive interview)
In the past UASCs were not interviewed by caseworkers, but a new
policy is being piloted which will require UASCs to attend for interview.
This is in response to the principle that the voice of the child must be
heard, and also helps to meet the requirements for due legal process,
which in turn leads to more rapid completion of cases. Failure to attend
may lead to a negative decision for administrative non-compliance
(
q.v.).
IOM
Intergovernmental Organization for Migration
J
Judicial Review.
A legal mechanism by which statutory agencies (among others) may be
challenged on how they have interpreted or applied the law relating to
their legal duties. In some cases, a JR may apply only in very special
circumstances; in others it may have a more general application.
L
Laming
The recent report on the death of Victoria Climbié by Lord Laming,
which has implications for child protection, tracking of children and the
Framework for Assessment.
Local connection
The principles against which local authorities determine which authority
has a duty to assess an applicant’s housing needs.
Looked After Children (LAC)
See s20. “LAC materials” are the published formats provided by DH for
work with LAC, currently under review.
N
National Asylum Support Service
A Home Office Agency set up to find and manage accommodation and
other support for destitute asylum-seekers. NASS does not offer
support to unaccompanied children, but there are a number of points
where the Service’s work interfaces with local authorities working with
UASCs: the design and management of the UASC grant, transfer
arrangements at 18 and UASCs who may subsequently be discovered
to have friends or relatives willing to care for them and who are
receiving support from NASS.
O
Ordinarily resident.
The principles determining which local authority has Children Act
responsibility for a child in need. It is often difficult to apply these rules
to recently-arrived UASCs.
P
Protection of Children Act 1999 (PoCA)
This Act amended and extended the law regulating the employment of
people working with children. It requires child care organizations to
check applications with the Criminal Records Bureau (
q.v.).
R
Refugee
See Convention
Relevant child
An unaccompanied child who is looked after by the local authority
under s20 of the Children Act 1989 may become a “relevant child” for
the purposes of the Act, as amended by the Children (Leaving Care)
Act 2000. Guidance issued with regulations made under the Act sets
out for local authorities their obligations, depending on the immigration
status of the young person when they reach 18
.
S
s17
Section 17 of the Children Act 1989, which sets out the general duties
of local authorities towards the provision of services for children in need
(and their families) in the area. “Children in need” are defined in sub-
section 10.
s20
Section 20 of the Children Act 1989, which deals with the
responsibilities of local authorities towards children in need in their
area, who appear to require accommodation as a result of a range of
circumstances defined in the section.
Sectioned
Detained under the relevant section of the Mental Health Act 1983.
Self-Evaluation Form (SEF)
A form issued to children applying for asylum and who to date would
not have received a “substantive” interview. Forms need to be
completed and returned to ICD within 28days.
Separated child
'Separated children' are children under 18 years of age who are outside
their country of origin and separated from both parents, or
previous/legal customary primary care giver. (See UASC)
Smuggling
Smuggling is the transport of a person (with their consent) to another
country through illegal means. The vast majority of people entering the
UK illegally are smuggled rather than trafficked. People-smuggling is
the facilitation of illegal entry, in breach of immigration law, either
clandestinely or through deception or the use of false documentation.
In this sense “smuggling” refers to the illegal transport of a person or
persons across state borders, which results in a benefit for the
smuggler. It follows that the person smuggled will be complicit, often
paying large amounts of money to be transported, and once in the
country they wish to enter will be left to their own devices.
T
Trafficking
The UN Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention against Transnational Organised Crime (2000) to which the
UK is a signatory, includes a comprehensive and widely accepted
definition of trafficking, which involves three core elements:
• movement of a person
• with deception or coercion
• into a situation of exploitation
In practice, it may be quite difficult to make an initial distinction between
smuggling and trafficking. In some cases, young people may think that
they are being smuggled, but are in fact – unknown to them - being
trafficked. Equally, trafficking often does include an element of
smuggling, namely the illicit crossing of a border. However, there are
also elements of trafficking
within a country as the traffickers move
victims between locations and sometimes sell them to another
organisation.
U
Unaccompanied Asylum-Seeking Child (UASC)
A child who is or appears to be under the legal age of majority (18 in
the UK), and on arrival in the UK is not accompanied by a parent,
guardian, or other adult who by law or custom is responsible for
him/her. Children in this situation are also known as separated children
or unaccompanied minors.
UNHCR
United Nations High Commissioner for Refugees
Appendix G
Unaccompanied Asylum Seeking Children Flowchart
Child
Placement with
presents
friend/relative
Private Fostering
as UASC
(other than: grandparent,
Carry out assessment
sibling,
Consider s17 support
uncle, aunt or step-parent)
Transfer to LAC or 16+
Allocate SW,
carry out LAC reviews
etc
Report to IND
Carry out
Initial/Cor
Foster Placement
Child becomes a
e
‘Looked After Child’
Assessm
ent
under 18
Other ‘appropriate
Young Person turns 18
placement’
Have they been Looked After for
e.g. hostel
more than 13 weeks since age 14 ?
Consider Age
Refuse
Assessment
over 18
Services
Y
N
e
o
s
Young Person entitled to benefits as UK national
Yes, granted Indefinite or
Young Person
Refer to DSS, Housing Benefit etc,
Discretionary Leave to Remain
Has s/he had a
becomes a
Provide Leaving Care services (s 23 Children Act)
decision re.
‘Former Relevant
Asylum?
Child’
Yes, refused leave to remain
No
Young Person excluded from benefits and services
unless to do so would breach his/her rights
under the European Convention
(s 54 Nationality, Immigration & Asylum Act 2002)
Young Person entitled
Yes, granted
Has s/he had a
Young Person
to
Indefinite/Discretiona
decision re.
makes application
benefits
ry
Asylum?
to NASS
Refer to DSS,
Leave to Remain
Housing Benefit etc
N
Yes, refused leave to remain
o
Carry Out Human Rights Assessment:
Provide whichever service under s23 is
Provide Leaving Care
No entitlement
Young Person
necessary to prevent a breach of Human Rights
Services, reclaim support
to
makes
grant from NASS
any services
application to
NASS
N f th
i
APPENDIX H
The Age Assessment Interview Process – Checklist
1. Before the interview:
ARRANGE INTERPRETER: Check correct dialect with the young
person. Ensure the interpreter has sufficient time to stay for the entire
interview process.
2. During the interview:
TAKE NOTES: Make sure you take clear notes throughout the
interview. Note the explanations you have given to the young person,
the questions asked and answers given. They need not be word for
word, but need to be as detailed as possible. Make sure they are
legible.
EXPLAIN PURPOSE OF THE INTERVIEW & YOUR ROLE AS
ASSESSING SOCIAL WORKER: Make sure the YP understands this.
Make a note that you have explained this and the YP is happy with this.
ASK OPEN ENDED, NON LEADING QUESTIONS: Go through the
sections in the Assessment document. Use this to structure the
interview. Explain why you are asking questions about specific topics
as you go through. Be confident with the questions that you ask, it is
acceptable to challenge the information the YP has given you, but do
not be too negative.
Essential questions:
1.
Why do you think you were born on (claimed dob)?
2.
Do you have any documents to support your date of birth?
Have you given any documents to anyone else?
3. At the end of the interview:
DISCUSS YOUR THOUGHTS WITH THE YOUNG PERSON: Explain
to the YP that you will be using the information they have given you to
come to a decision about their age. If you have doubts about their age
based on their appearance and presentation and the credibility of the
information they have given you, you need to tell the YP this and give
them the opportunity to respond.
GO THROUGH YOUR NOTES WITH THE YOUNG PERSON: If need
be, ask the interpreter to assist you. Read through the notes to the YP.
SIGN AND DATE THE NOTES: You should sign the notes, and ask
the YP and interpreter to sign them.
4. After the Interview:
GATHER ALL THE MATERIAL YOU NEED TO CONSIDER: Make a
list of all the material you have, including any documents, medical
reports, your notes etc. Follow up where necessary. If the YP has
indicated they work with other professionals you need to contact those
persons to gain their opinions. e.g. CAMHS
CONSIDER EACH SOURCE OF MATERIAL: In your assessment you
need to refer to all relevant information to show you have considered it.
Each document or source of information must be referred to, stating
why you accept it or reject it.
COMPLETE AGE ASSESSMENT FORM: Use all the information you
have gathered.
PREPARE DECISION LETTER: Never use a standard letter. The letter
must be tailored to the individual YP. You must give reasons, they need
not be long but must be adequate to explain to the YP why you have
reached the decision.
5. The Follow Up Interview
INTERPRETER & NOTES: Ensure the interpreter is available again.
As above, take full notes.
PURPOSE OF INTERVIEW: Explain that you have made an
assessment and that your decision is provisional at this stage. You are
to go through the assessment and give the YP the chance to respond
to your comments.
GO THROUGH THE ASSESSMENT: Go through each section and
invite the YP to comment. The comments must be noted on the form.
CONSIDER THE INFORMATION GIVEN: You must show you have
taken the extra comments into account and decide whether this alters
your assessment. Once finalized, you should have the assessment
signed by the appropriate manager. Finish your decision letter.
DECISION TO YOUNG PERSON: Give the YP the decision letter,
copy of Intake Interview notes and Age Assessment.
Document Outline
