1.5.4 Unaccompanied Asylum Seeking Children |
SCOPE OF THIS CHAPTER
This chapter informs professionals working with unaccompanied asylum seeking children in Kirklees. This document sets out a process for best practice to assist unaccompanied asylum seeking children to obtain services.
This chapter should be read in conjunction with West Yorkshire Consortium Procedures:
OTHER RELEVANT CHAPTERS
Case Accountability and Transfer of Cases Procedure
Contents
- Referral Process
- Arrangements for Young People presenting as under 16
- Arrangements for Young People presenting as over 16
- Initial Assessment Process
- Age Assessment Process
- Young People at 18
- Referral of Young People who have been Dealt with as Adults and are Supported Through UK Border Agency Support
1. Referral Process
The referral for the assessment of unaccompanied asylum seeking children should be made through Gateway to Care.
2. Arrangements for Young People presenting as under 16
Unaccompanied asylum seeking children who present as under the age of 16 at the point of referral should be referred to the Duty and Assessment Service for the completion of an Initial, Core and Age Assessment. If the assessment concludes that they are under the age of 16, then they should be transferred to either the Looked after Children Team or Leaving Care Team in line with the Case Accountability and Transfer of Cases Procedure.
3. Arrangements for Young People presenting as over 16
If at the time of referral an unaccompanied asylum seeking child is considered to be over the age of16, the referral should be passed to the Leaving Care Team for an Initial, Core and Age Assessment.
4. Initial Assessment Process
The young person will usually be at the Police Station. The Duty Social Worker from either the Duty and Assessment Service or the Leaving Care Team will need to establish that the police have contacted an appropriate language and dialect interpreter. The Duty Social Worker will attend at the Police Station and if there is reasonable cause to believe that the young person is over 18, a Merton Compliant Age Assessment must be completed by two qualified Social Workers. If the outcome of the assessment is that the young person is considered to be over 18, then they are not the responsibility of Children and Young People Service.
Young people who are considered under the age of 18 will be provided with services under Section 20 of The Children Act 1989. It will not usually be appropriate to complete the full Age Assessment at this stage. Arrangements will be made for immediate needs to be met including health needs, provision of food and clothing and arrangements for a placement.
The Social Worker should confirm that the police have photographed and finger printed the young person and their data has been checked against police records.
A Merton Compliant Age Assessment involving two qualified Social Workers will subsequently be completed.
Arrangements will need to be made by the Social Worker for an Initial Health Assessment to be undertaken within 28 days of the young person becoming Looked After.
The Social Worker will also make arrangements to convene a Looked after Child Review to be held within 28 days of the young person becoming Looked After.
Arrangements also need to be made for the young person to access legal representation.
A copy of the Age Assessment must be sent to the Home Office. The Home Office will then arrange an initial screening appointment. The young people will be accompanied to this appointment usually by Directorate for Children and Young People staff.
5. Age Assessment Process
The Age Assessment must be completed by two qualified Social Workers. They must ensure that the young person understands the purpose of the assessment and can understand the interpreter. The information will be gathered from a variety of sources - speaking with the young person; observations of the young person and discussions with other professionals/carers who have had contact with the young person. The source of all information gathered must be shared with the young person.
The reasons for the conclusion of the assessment must be explained to the young person, their response recorded and any amendments to the conclusion recorded. The young person must be informed of the Children and Young People Service Complaints and Representations Compliments Procedure.
If the conclusion is that the young person is considered to be over 18, h/she will no longer be considered as a Looked After Child and will be referred to UK Border Agency Support for support. The Children and Young People Service will remain responsible for their support at Income Support level of maintenance and for accommodation until UK Border Agency Support commences.
Any young person assessed as being under the age of 18 will remain a Looked After Child and will be entitled to the same services as all other Looked after Children.
A Personal Advisor will be appointed for each young person and within 3 months of them becoming a Looked after Child, a Pathway Plan will be drawn up.
Unaccompanied asylum seeking children will be encouraged to be involved in Education, Training and Employment as is legally possible and will be entitled to financial support in line with the Policy relating to financial assistance for looked after children aged 16 and over and for young people leaving care.
6. Young People at 18
The young person will continue to be supported to obtain legal advice and to pursue their claim for asylum. At 18, unaccompanied asylum seeking children cease to be Looked After Children and become Former Relevant and eligible for Leaving Care Services (see Leaving Care Procedures)
If at 18, the young person has been granted leave to remain, or has an outstanding appeal, they are usually entitled to claim benefits and will be expected to do so. Young people who can not claim benefits can continue to be financially supported by Children and Young People Service.
Young people who have exhausted all rights of appeal will be expected to claim support from UK Border Agency Support and will be supported by the Children and Young People Service until this support is provided.
7. Referral of Young People who have been Dealt with as Adults and are Supported Through UK Border Agency Support
Referrals should be made to Gateway to Care and passed to the Leaving Care Team for an Initial and Core Assessment. Unless there is immediate or obvious need for services to be provided under The Children Act 1989, a Merton Compliant Age Assessment will also be undertaken and whilst this is being done UK Border Agency Support will continue to support the young person.
If the assessment concludes that the young person is over 18, then there is no further role for Children and Young People Service. A copy of the assessment will be sent to the Home Office.
If the conclusion of the assessment is that the young person is under 18, then they will be provided with services under Section 20 of The Children Act 1989 as set out above. A date will be agreed for the young person to move from the UK Border Agency Support Accommodation to a Local Authority placement and the Home Office will be informed. For some Young People, it may be appropriate to remain in the accommodation and for this to be their placement funded by the Children and Young People Service.
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