Hillingdon Borough Council: Margaret Cassidy House and children being trafficked therefrom

Dear Sir or Madam,

Further to a recent question in the House of Commons by John
McDonnell MP, [1] referring to the Guardian Newspaper article:
'Brown pledges to investigate trafficking of children through
Heathrow (Hillingdon Council) care home' [2] and 'At least 77
Chinese children have gone missing since March 2006 from the home,
operated by the London borough of Hillingdon. [3] and follow up
letters. [4] Together with a response by the UKBA [5] and
Hillingdon Council comments reported in the Telegraph. [6] Can you
please email me an electronic copy of the following information:

1)What exactly is the legal status and definition of the
accommodation under discussion? It has been described in the media
as a 'care home' a 'facility' and an 'assessment centre' to name
few. I understand it is known as Margaret Cassidy House (MCH),
therefore please confirm this name ()Margaret Cassidy House (MCH)
and advise on whether MCH is:

a.) Children's Home?
b.) An assessment centre?
c.) A hostel?
d. Semi-independent accommodation?

If it is not described above (a,b,c,d) please advise what other
legal status or definitions MCH has and how it should best be
described.

2)What child care regulations and laws apply to the running and
operation of MCH?

3)Is MCH staffed 24 hours a day by residential social care workers?
If not, please describe how it is staffed throughout any 24 hour
period, including weekends.

4)If MCH is an “assessment centre” [7] please advise on:

a.) What types of assessment take place in-situ at MCH?

b.) Does MCH have in-situ interview facilities? If so, please
provide information that describes such facilities.

c.) Are all those who conduct the assessments registered with the
General Social Care Council?

d.) What are the job titles of the staff who conduct assessments
in-situ at MCH?

e.) Are the assessments conducted under the 'Framework for the
Assessment of Children in Need and their Families' [8] or the
Common Assessment Framework [9]?

5)When unaccompanied children seeking asylum are transferred from
Heathrow Airport's UKBA staff and immediately placed 'in care' and
given a placement at MCH or other facilities, can you confirm that
those placed at MCH specifically, are therefore 'upon arrival'
cared for and accommodated under Section 20 of the Children Act,
further to LAC13 (2003) Department of Health Guidance? [10] As
discussed below:

“In 2003, a number of legal and policy developments helped clarify
some of the social
services entitlements of UASC.The two key ones were the Hillingdon
judgement and Local
Authority Circular (2003) 13.They made explicit the level of
support that was expected of
local authorities for unaccompanied children and young people,
including:

All unaccompanied children should, on arrival, be supported under
Section 20 of the
Children Act (1989) until an assessment has been completed.

Based on assessment of need, most unaccompanied children, including
16- and
17-year-olds, should be provided with Section 20 support.

The majority of unaccompanied young people will be entitled to
leaving care services.

Section 17 (which generally provides less care and support than
Section 20) can be used
to accommodate unaccompanied children in exceptional circumstances.

LAC 2003 (13)

Department of Health guidance on accommodating children in need and
their families
[LAC 2003(13)] advises:
“… where a child has no parent or guardian in this country, perhaps
because he has arrived
alone seeking asylum, the presumption should be that he would fall
within the scope of
section 20 and become looked after, unless the needs assessment
reveals particular factors
which would suggest that an alternative response would be more
appropriate.While the
needs assessment is being carried out, he should be cared for under
section 20 (of the
Children Act 1989).””
http://www.kent.gov.uk/NR/rdonlyres/9090...
13 November 2007
Unaccompanied Care Leavers and Asylum Seekers
A paper from: Birmingham City Council, Hounslow Council, London
Borough of Hillingdon, London Borough of Hammersmith and Fulham,
Kent County Council, Manchester City Council, Oxfordshire County
Council, Solihull Metropolitan Borough Council and West Sussex
County Council

6) Under the above paper can you please confirm that Hillingdon
Council does in fact place 16 and 17 year olds at MCH and that upon
arrival in the UK, after passing immigration controls at Heathrow
Airport and transferred from UKBA staff to the care of Hillingdon
Council, they are immediately accommodated under Section 20 of the
Children Act, irrespective of whether or not the UKBA may dispute
their age, as “the presumption should be that he would fall within
the scope of
section 20 and become looked after, unless the needs assessment
reveals particular factors
which would suggest that an alternative response would be more
appropriate. While the
needs assessment is being carried out”, or pending “he should be
cared for under section 20 (of the Children Act 1989)” ? [ibid] Or
can you confirm or deny it is the practice of Hillingdon Council
not to accommodate under Section 20 until an age assessment or
needs assessment is actually completed? That being contrary to the
aforementioned LAC13 (2003) guidance? Or that such practice has
ever common practice, implemented or advocated, at any time period,
since 2006?

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Yours faithfully,

Cassidy, J

References:

[1] "John McDonnell (Hayes and Harlington) (Lab): The Prime
Minister will have seen the distressing reports this morning in The
Guardian about the trafficking of children, who arrive at Heathrow,
are taken into care, and are then trafficked into prostitution and
used as child labour. He has always taken a personal interest in
the care and safety of children. May I ask him to secure a report
for the House on the measures that the Government are taking with
the local authority to tackle this problem and prevent this human
suffering?

The Prime Minister: Child trafficking is completely unacceptable
and inhumane, and anything that we can do to stop child
trafficking, we will do. I will investigate, with the Home
Secretary, the reports that are in the newspaper this morning. We
will do everything that we can to protect these children. We are
leading internationally in asking other countries to help us ban
the practice of trafficking children. We will do everything that we
can."
Volume No. 492 Part No. 70
House of Commons Debates 06 May 2009
http://www.publications.parliament.uk/pa...

[2] Brown pledges to investigate trafficking of children through
Heathrow care home
Prime minister says trade 'completely unacceptable and inhumane'
after Guardian reveals 77 Chinese children were trafficked through
local authority home
6 May 2009
http://www.guardian.co.uk/world/2009/apr...

[3] Revealed: 77 trafficked Chinese children lost by home
http://www.guardian.co.uk/world/2009/may...

[4] Letters - Failures that allow child trafficking
Friday 8 May 2009
http://www.guardian.co.uk/world/2009/may...

[5] Trafficked children missing from local authority care - UK
Border Agency response
http://ukba.homeoffice.gov.uk/siteconten...

[6] Traffickers using children's home to take immigrants for drugs
and prostitution rings
http://www.telegraph.co.uk/news/newstopi...

[7] A spokesman for Hillingdon council said the home was actually
"an assessment centre for unaccompanied young people 16 years and
over".
Julian Wooster, the council's deputy director of Children and
Families said: "We cannot lock the doors because it's a breach of
their human rights.
"Unless they have committed a crime we do not place them in a
secure setting."
"We try to persuade them not to run away from the centre."
http://www.telegraph.co.uk/news/newstopi...

[8] Framework for the assessment of children in need and their
families
http://www.dh.gov.uk/en/Publicationsands...

[9] Common Assessment Framework
http://www.everychildmatters.gov.uk/deli...

[10] LAC (2003)13: Guidance on accommodating children in need and
their families

“where a child has no parent or guardian in this country, perhaps
because he has
arrived alone seeking asylum, the presumption should be that he
would fall within the scope of
section 20 and become looked after, unless the needs assessment
reveals particular factors which
would suggest that an alternative response would be more
appropriate. While the needs
assessment is being carried out, he should be cared for under
section 20.”
http://www.dh.gov.uk/en/Publicationsands...

Yours faithfully,

Cassidy, J