3.2.5 Unaccompanied Asylum Seeking Children |
AMENDMENTS
This chapter was updated in October 2009 to reflect the new arrangements for providing services to unaccompanied asylum seeking children. References to NASS were also changed to the UK Border Agency.
Contents
- Scope of this Chapter
- Eligibility for Service from the Assessment Team/Leaving Care Team
- Initial Assessment
- Children in Need Criteria
- Core Assessments
- Provision of Services
- Refusal of Services
- Withdrawal of a Service
- Unaccompanied Young Asylum Seekers Reaching Age 18
- Review of Services
1. Scope of this Chapter
For the purposes of this chapter, a young unaccompanied asylum seeker is a young person who arrives in this country unaccompanied by an adult, with the exception of his/her agent, and has no relatives or legal guardian resident in this country who is able to care for him/her.
This chapter describes the particular issues arising in referrals involving young unaccompanied asylum seekers.In all such referrals, the Procedures in relation to Initial Assessments and Core Assessments will apply as set out in Initial Assessments Procedure and Core Assessments Procedure.
Where a young unaccompanied asylum seeker becomes Looked After, he or she will remain the responsibility of the Unaccompanied Asylum Seeking Children’s Team and the Procedures in this Manual relating to Looked After Children apply.
2. Eligibility for Service from the Assessment Team/Leaving Care Team
To be eligible for a service Leaving Care Team, a young unaccompanied asylum-seeker must be seeking asylum in the UK and have no relative/supporting adult willing to take responsibility for him or her. Where such young people are provided with services, they will continue to be eligible for a service from the Team where they achieve refugee status up to their 18th birthday. In addition, the young unaccompanied asylum seeker must have a local connection to Enfield and be able to produce evidence to confirm this or have been referred by the Refugee Council in line with the agreed rota system.
Children under the age of 16 years old will receive services from the Assessment Team. Those aged 16 or 17 will receive services from the Leaving Care Team.
In relation to all new referrals, the duty worker in the relevant Team must complete a Referral Form, and check all Home Office documentation and evidence that the young person has resided in the borough.
3. Initial Assessment
In all cases where a referral is received concerning an unaccompanied young asylum-seeker, the relevant Team will carry out an Initial Assessment in accordance with the Initial Assessment Procedure, to determine whether he or she is a Child in Need. The Initial Assessment will take account of:
- The additional guidance provided to the Team as to checking the immigration status of the young person,
- The young person’s accommodation arrangements and needs,
- The young person’s local connection with Enfield,
- The young person’s financial and other support,
- The young person’s ethnicity and religion, and
- The age assessment of the young person and any available information on their agent, their access into this country, the length of time they have been in this country and possible other connections.
In determining an unaccompanied young person’s accommodation needs, the Initial Assessment must have regard to his or her age and independent living skills, and consider the intensity of service required. This may range between independent accommodation, semi-independent accommodation and foster placements.
An interpreter will be used to assist in all assessments.
The caseworker must complete an Initial Assessment Record in all cases.
The assessment of age is a complex task, which often relies on professional judgement and discretion. Such assessment may be compounded by issues of disability. Some young people may genuinely not know their age and this can be misread as lack of co-operation. Levels of competence in some areas or tasks may exceed or fall short of our expectations of a child of the same age in this country.
The advice of a paediatrician with experience in considering age may be needed to assist in this, in the context of a holistic assessment. However, the High Court has ruled that, unless a paediatrician's report can add something specific to an assessment of age undertaken by an experienced social worker, it will not be necessary.
4. Children in Need Criteria
Where it is established as a result of the Initial Assessment that the referral concerns a young unaccompanied asylum-seeker, this will always satisfy the criteria for services to a Child in Need.
See Enfield's Thresholds for Children in Need Services.
Where there are concerns that a young person has suffered or is at risk of suffering Significant Harm, the caseworker must discuss the case with the manager and consider whether the circumstances warrant a Strategy Discussion/Meeting and Child Protection Enquiry.
5. Core Assessments
Core Assessments will be undertaken where appropriate in accordance with Core Assessments Procedures but should not be undertaken without the approval of the caseworker’s manager.
The circumstances in which a Core Assessment may be appropriate are:
- Where a young person requires a Looked After placement.
- Where a young person presents at risk behaviours and/or appears traumatised or vulnerable.
6. Provision of Services
Where a Referral/Initial Assessment identifies that a young unaccompanied asylum seeker is in need of services, the young person should be provided with information about the services available to them from the Team and other agencies.
The young person will also be given assistance to register with a GP and dentist, and enrol in a local school or college. An interpreter should be booked to accompany the young person to appointments with the GP, where necessary.
Where a young person’s needs are for independent or semi-independent accommodation, and the manager agrees, assistance should be given with completion of the necessary Housing Application.
Where the Initial Assessment identifies that an unaccompanied young asylum-seeker needs to be Looked After, all the procedures in relation to Care Plans, Health Care Plans, Personal Education Plans and Placement Information Records must be completed. See Decision to Look After, Care and Planning Procedure.
All unaccompanied young asylum-seekers who are eligible for a service will be entitled to a weekly allowance. Additional one-off clothing grants are discretionary. All financial assistance must be authorised by the manager. The caseworker should arrange for payment of the relevant amounts in accordance with the team’s detailed financial procedures.
Travel cards or warrants will be issued to young unaccompanied asylum-seekers in relation to appointments at the Home Office.
Where the referral concerns a Disabled Child, the caseworker should seek advice and assistance from the Cheviot’s Children’s Disability Service.
7. Refusal of Services
The circumstances in which a family or young person may be refused a service are:
- The young person has provided inadequate documentation.
- The young person has provided documentation believed to be fraudulent or tampered with in any way
- There is an age dispute and an unaccompanied young asylum-seeker presents as over the age of 18.
Where an Initial Assessment identifies that a young unaccompanied asylum-seeker does not meet the criteria for a service from Enfield Children's Services, but appears to be in need of services from elsewhere, the Team will refer the young person to the appropriate agency which may be a different Children's Services authority, the Refugee Council, the UK Border Agency and/or an appropriate voluntary agency.
In such circumstances, the duty worker should make an appointment for the young person and advise him or her of the name, address (including a map where necessary) and contact number of the person with whom the appointment has been made. In addition, the duty worker must fax a copy of the Referral Form and Initial Assessment Record to the relevant office.In all cases where a service is to be refused, the caseworker must consult his or her manager before the decision is made and the letter confirming the decision is sent. Any correspondence received in relation to the decision should be referred to the manager.
8. Withdrawal of a Service
The provision of a service is dependent on the young person continuing to qualify for the service and/or meeting the local authority’s requirements, for example, where the young person does not keep the Department informed of their asylum claim, or where the young person is evicted from accommodation due to their conduct or behaviour or fails to attend appointments.
The circumstances in which service to an unaccompanied young person may be withdrawn are:
- Where another adult wishes to assume Parental Responsibility and this is considered appropriate
- If the young person is not residing in the accommodation provided (as evidenced, for example, by their failure to collect their weekly allowance and the absence of any belongings from their room).
- The young person’s conduct - assault or extremely abusive behaviour - towards staff or the provider of accommodation.
The service should not be withdrawn without the agreement of the caseworker’s manager. Any such decision must be clearly recorded, with reasons. In all such cases, legal advice should usually be obtained before a final decision is made.
Where a service is withdrawn, the caseworker should inform the Finance Office, if appropriate, immediately.
9. Unaccompanied Young Asylum Seekers Reaching 18
Where an unaccompanied young asylum-seeker reaches the age of 18, and the young person's legal status remains unresolved, a referral to the UK Border Agency should be made .
Where the young person is Looked After, the case will remain with the Leaving Care Team on the young person's 18th birthday and the Leaving Care Team will be responsible for implementing the procedures in relation to Eligible Young People and Relevant Young People, as appropriate, in accordance with Leaving Care Procedure, .
Assistance should be given in advance of their 18th birthday with the necessary applications for housing, Housing Benefit and any other relevant benefits.. The caseworker must ensure that the young person has accommodation to which to move on his or her 18th birthday. The caseworker must also ensure that the provider of the young person's present accommodation and the Finance Office is informed when the accommodation arrangement will end.
10. Review of Services
Where a young person is Looked After, his or her case will be reviewed in accordance with the Looked After Review Procedure.
Any other services provided should be reviewed at least every 6 months as set out in the Child in Need Plans and Review Procedure.
In advance of each review, the caseworker will send the young person a Checklist setting out the documents which the caseworker requires to be produced at the Review, such as confirmation of registration with a GP, enrolment at schools/college and updated information concerning their asylum status.
The young person should be invited to the Review and an interpreter should be booked as necessary. At the Review meeting, a Record of the Review should be completed and signed by the young person and the caseworker. The caseworker will then send the record to the manager for comment and signature.
Where a Review confirms the service, the Financial Assessment Form should be updated. Where additional support services are identified as necessary, the Plan should be updated to reflect this.
Where services are withdrawn as a result of the Review, the relevant teams should be notified immediately.
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