Unaccompanied asylum seeking children

Transcription

1 London Borough of Camden 16 Plus Service Unaccompanied asylum seeking children A policy framework for social workers and multi-agency professionals UASC Version:002 Draft [Being updated to in co-operate NAM Process] Afzal Ahmed

2 Contents Page. No 1. Introduction 1 2. Legal Framework 1 3. Point of Entry 2 4. Referral of Unaccompanied Children to Social Services 3 5. Other services for Unaccompanied Asylum Seeking Children Entitlement to Support at Age Legality of Stay Missing Children Child Trafficking and Exploitation 13 Appendix Appendix A Assessment Appendix A1 Guidance Eligibility & Needs Assessment for Applicants Claiming To Be Unaccompanied Asylum Seeking Children Appendix B Useful Contacts Appendix C Application for Asylum Appendix D National Insurance Number for UASC Appendix E Checklist for Social Workers Appendix F Rights & Entitlements at 18 Appendix G Further Education Entitlements Appendix H Higher Education Entitlements Appendix I UASC Flowchart Fwi Work Flow Map Appendix J UASC Flowchart UASC Duty Appendix K UASC Flowchart Point of Entry Appendix L UASC Flowchart Support for young person turning 18 Appendix M Glossary

3 1. Introduction The purpose of this policy is to provide information, advice and guidance to social workers and other professionals working with unaccompanied asylum seeking children and young people (UASC) who may be looked after or supported by Central Bedfordshire Council. It is not intended that this policy should replicate other national or local practice guidance relating to children in need and looked after children and young people. Central Bedfordshire Council recognises that unaccompanied asylum seeking children are first and foremost children, and have the same needs as children everywhere and are entitled to services provided to all looked after children. It is recognised that unaccompanied asylum seeking children encounter a range of difficulties relating to their specific circumstances and it is the intention of this policy that staff working with unaccompanied asylum seeking children have appropriate guidance, procedures and support to ensure that the specific needs of unaccompanied asylum seeking children are identified and action is taken to meet those needs within available resources. 2. Legal Framework The Children Act 1989 gives local authority social services departments the responsibility for unaccompanied seeking children, just as they have responsibility for any other children in need in their catchments area. The responsibility for a particular young person lies with the local authority in which the young people first present themselves. Under the Children Act 1989, anyone under 18 is to be regarded as a child. 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, it is for the Local Authority to conduct its own Age Assessment to determine the young person s eligibility for services. The Children Act 1989 places a duty on the local authority social services departments to assess children in need. The Children Act applies to all children who live in England and Wales regardless of their immigration status. Unaccompanied asylum seeking children will be given services in one of two ways. Section 17 of the Act defines a child in need as one who is unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority. 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. Section 20 of the Act places a duty of a local authority to "look after" a child in need, if they appear to need such level of service. Agreement to provide accommodation for a longer term must be preceded by a core assessment if required, as with all other children. 1

4 The Children [Leaving Care] Act 2000 extends the duties of a local authority towards children it looked after. The local authority has financial responsibility for such children aged 16 and 17 and has some responsibilities towards young people after they reach Point of Entry The term 'asylum-seeker' is used to describe a person who has lodged a Claim for asylum as a refugee and is awaiting a decision. This clearly differs from the definition of an economic migrant as 'someone who has left their homeland to find work and, hopefully, a better standard of living' in another country. 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 and has no adult relative or guardian to turn to in his country. Food, Shelter and Half a Chance (BAAF 2001) advised that the following are some of the most common reasons why children seek asylum: forced recruitment into military service the death of parents or parents' inability to care for their children (as a result of conflict in the region); prohibition from participating, or being forced to participate, in religious activities; being forced to give information about the activities of a group or members of their family; pressures to denounce family members; involvement/non-involvement in political groups The UKBA of the Home Office deal with application for asylum. 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 C Making an application for asylum. 2

5 4. Referral of Unaccompanied Children to Social Services 4.1 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 LEAVING CARE 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 are met. They will need to explore the following areas with the Immigration/Customs Officer: basic details about the child name, date of birth, race, culture, language and religion, 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. 4.2 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 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, should notify the local UKBA as soon as possible and arrange a screening interview. 3

6 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. 4.3 Referral by Police or other agencies If, the police are concerned a young person 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 Police preliminary assessment and evidence for concern. The leaving care 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 are met. They will need to explore the following areas with the Police: basic details about the child name, date of birth, race, culture, language and religion, usual place of residence reasons for concern expressed by the Police 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. 4.4 Responses to Referrals For this particular group of children and young people the leaving care team are responsible for taking new referrals and deciding on the appropriate action within 24 hours. The process for responding to referrals of potential children in need is as follows and is summarised in the attached flowchart (see Appendix I & J) 4

7 4.4 Screening Duty staff will respond to personal callers, they will establish whether callers wish to request a service for a potential child in need as indicated in section 4.1, 4.2 & 4.3. Previous history must be taken into account when deciding whether to take a referral. It is the responsibility of the lead assessor to check whether any other SSD or the Home Office may know this child and to retrieve any previous records or information. 4.5 Taking Referrals Duty The leaving care team will have duty staff available each day to receive and process new referrals. The duty staff in conjunction with the senior practitioner will consider the level of urgency and respond immediately to emergencies i.e. children in need of protection or accommodation. Cases requiring emergency action must be discussed with a team manager. Where referrals do not require emergency action, a duty social worker will gather information in order to establish whether an initial/core assessment or section 47 enquiry is needed Process If a referral is to be taken, a social worker on duty from leaving care team is responsible for completing the fwi Contact Record. Where there is already an ICS Contact Record, the social worker must check that all the information is accurate, and update or amended the form as necessary. Contact Record should be completed whenever a new referral or a rereferral of a closed case is received Referral decisions Responsibility for the day to day running of the duty system is delegated to the designated Deputy Team Manager or Team Manager. exiting of a s47 enquiry accommodating a child legal implications i.e. immigration Other cases should also be discussed with a Team Manager: where it is unclear whether a child protection response is required. where there are health and safety concerns. When the Contact Record has been completed, the social worker will pass to the relevant Team Manager by way of task on frameworki. 5

8 Decisions about a response must be made within 24 hours of contact being received and agreed by the Team Manager, who will assign an outcome Outcome of contacts The outcomes from a contact that are relevant to children in need duty cases are: No further action Provide information and advice Refer to other agency Passed on as child referral If the outcome is to provide information and advice, details of this should be recorded on the contact record. The duty manager choosing the child referral outcome on frameworki and selecting a worker should assign contacts that are accepted as child referrals to the allocated social worker Recording and processing referrals Referral records are what opens a case for work and must be completed for all new cases and for any previously known cases that have been closed and are being re-referred. The leaving care social worker is responsible for completing the Fwi referral and information record with the referrer. The referral record must contain essential information about the child and their family, the reason for the referral, and the actions taken by worker in response to the referral. The division to report to DfES uses the information on the referral record. it is essential that the record is fully completed. The referral episode requires social workers to record the service user group and sub-group for cases. The groups are based on the CIN categories used by the division to report to the DfES. More than one service user group can be selected, but one must be chosen as the primary group, i.e. for leaving care clients it will be absent parenting. The referral record should contain recommendations for further action and the reasons for this. Completed referral records must be sent to the duty manager or senior, via the authorisation task, to obtain a decision on the outcome of the referral. The duty manager or team manager should read all available information from the contact record, referral record, any CAF forms etc, 6

9 and make a decision on the referral within 24 hours of the child referral outcome being selected. Outcome of referrals The outcomes from a child referral that are relevant to children in need cases are: No further action Provide information and advice Initial assessment Refer to other agency Initiate strategy discussion If the decision is not to progress any further, and the no further action outcome is chosen, the manager or senior should record the reasons for this on the referral record. If the decision is to provide information and advice, details of this should be recorded in the case notes. If the decision is to progress to an child & family assessment, that outcome should be chosen and the work assigned to the allocated social worker immediately via frameworki as the 45 day [maximum] timescale for completing child & family assessments begins once the outcome of child & family assessment is selected. The manager or deputy manager should also allocate the case to that worker via frameworki and ensure that work begins on the Merton Age Assessment immediately. Leaving Care presenting as 15 yrs or younger will be assessed by the social worker and will become looked after and a foster placement sought Young people presenting as 16 or 17 years will be assessed under Section 17 of the Children Act 1989 by leaving care team in the first instance and will be provided with accommodation, maintenance payments and ongoing support by this team. Following a Child & Family Assessment the young will be accommodated under Section 20 of the Children Act Where it is believed that a young person is older then the presenting age or has been age disputed by the Home Office. A service under Section 17 of the Children Act 1989 will be provided without prejudice pending the completion of an age assessment. This will also be true for referrals that have had an age assessment carried out by a paediatrician, where there is still doubt about age Consent to network checks and information sharing Young people aged 16 and over can give their own consent to information about themselves being shared with other agencies, as can 7

10 young people under 16 where it is thought they are of sufficient age and understanding Child & Family Assessment Child & Family assessments must be completed within 45 days of the date that child & family assessment was selected as an outcome of the referral, this is only if a Merton Age Assessment is not being completed, otherwise a Merton Age Assessment will suffice. The manager or deputy is responsible for choosing the outcome of child & family assessment, or a Merton age assessment from the referral episode, assigning the initial assessment to a social worker, and allocating the case to them. The allocated social worker that carries out the child & family assessment is responsible for completing the ICS child & family assessment record on frameworki (See Appendix A for guidance on completing assessments) Authorisation and service provision The completed child & family assessment and plan should be sent to the duty manager or senior for authorisation via a task on Framework i. Managers and seniors must reply to this task, recording their comments and authorisation, and choose the appropriate outcomes for the episode Outcomes from the child & family assessment episode are: Outcomes from initial assessments will depend on the child s assessed needs. Some children may require statutory intervention such as child protection or accommodation. Case closed Age assessment Provision of services Refer to other agency Immediate legal action Please note that timescales continue to run even if an episode is held up. For example, if there is a delay in selecting an outcome at the referral stage and work on the child & family assessment does not start until day 5, social workers must still complete the assessment by day 45, which is the maximum day to complete. Work on episodes must begin as soon as it appears in a social worker s inbox and must be completed within the permitted timescale. The frameworki system generates alerts that will remind social workers when work needs to be completed. Administrators 8

11 in the Duty and Assessment team also send out weekly reminders listing those cases where there are outstanding assessments. Duty managers and seniors are responsible for ensuring that contingency plans are in place to ensure that a social worker is available to complete work on initial and core assessments within the timescales in the event that the allocated social worker is absent. Duty managers and seniors should also make use of the act for facility available on frameworki to authorise completed work in the absence of other managerial colleagues. It is suggested that the following timescales are used to ensure that assessments are completed on time. Number of Children Social Services & Border Agency Asylum Process days Day 1-2 Network checks i.e. checks with police or UKBA if person known by another local authority Social worker interviews UASC [See Appendix A]. Immigration documents are verified Contact Record is completed on fwi Day 3 Local Border Agency Office is informed of new arrival to make a claim for asylum if not already done and date for First Reporting Event Day 4 Social worker begins work on recording the child & family assessment. Day 14 At First Reporting Event case owner issues letter of invitation for substantive interview Social Worker to ensure child has legal representative Day 7-14 Social worker begins recording of age assessment Day Manager amends/edits and authorises the child & family assessment and age assessment Day 20 SEF form to be returned Day 25 Interview at Solihull Day Decision made on asylum 9

12 5. Other services for Unaccompanied Asylum Seeking Children 5.1 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. (see Appendix F,G & H) 5.2 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. 5.3 Representation for UASC The Panel of Advisers will ensure that all children can obtain legal advice, available from: The Immigration Advisory Service 2 nd Floor, County House 190 Great Dover Street London SE1 4YB Telephone Website Refugee Legal Centre Nelson House Commercial Road London E1 2EB Telephone Website Refugee Council Voluntary Resource Centre 15 New Bedford Road Luton LU1 1SA Telephone [Collin Ocaya] for information on surgery dates children@refugeecouncil.org.uk 10

13 6. Entitlement to Support at Age UASC granted Refugee Status, ILR or Time Limited Leave to Remain The Local Authority under the provisions of the Children Act 1989 & The Leaving Care Act 2000 will support UASC who are granted refugee status, ILR or time limited leave to remain [see Appendix L] 6.2 UASC awaiting decisions on their immigration application for extension The Local Authority under the provisions of the Children Act 1989 & The Leaving Care Act 2000 will support UASC who have applied for extension of their ELR/DLR/HP in time. Depending on the final outcome 6.1 or 6.4 will apply [see Appendix L] 6.3 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 18 th birthday, he or she should make an application to UKBA 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 relevant. 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 UKBA. In addition to this, UKBA 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 Responsibility for locating and managing suitable accommodation for this group of young people will fall to the local authority rather than to UKBA (the local authority will, however, be able to seek reimbursement from UKBA up to an agreed amount). At age 18 a former UASC who makes a fresh asylum claim should contact the Border Immigration Agency (UKBA) 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). 6.4 Services for Former Relevant UASC If a young person is over 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, and they have been issued with removal directions then they will continue to be entitled to services as young people leaving care under the Children Act 1989, until they have been detained or deported or have reached 21 and no longer entitled to leaving care service 11

14 7. Legality of stay in the UK Central Bedfordshire Council 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 UKBA 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. 8. 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; Leaving Care Team (0300 ); or Emergency Out Of Hours Service () The social worker/duty social worker should inform UKBA, solicitor as well as the police, as soon as any unaccompanied child who is supported goes missing. The fax number is:. 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. 9. 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 Central Bedfordshire for whom there is concerns about their safety. Further reference can be sought via Tri-X Procedures, which can be accessed on the Intranet Site. 12

15 Appendix A Assessment As for all young people, assessments will follow the guidelines set out in local policies and procedures, taking account of the framework for the assessment of children in need and their families and the Children Act Other considerations will need to apply in order to ensure that any additional needs of UASC are met. Initial assessments should not seek to elicit a potentially uncomfortable amount of detail about the young person s circumstances. UASC may have experienced considerable trauma in their home country, have experienced a difficult journey en route and may be unfamiliar with and suspicions of the circumstances they will find themselves in. Many UASC may have experienced difficulty with officials requesting information and some will be unfamiliar with giving detailed information and may choose to withhold information, being fearful of the consequences. Assessments should therefore proceed carefully and be paced in order to take account of complex and sensitive issues and the potentially painful history of departure from the home country and arrival in the UK. Where a referral agency is involved, as much information as possible should be gained from this source in order to avoid duplication during the initial interview with the young person. Particular attention will need to be paid to the young person s account of the circumstances which led to them leaving their home country and of travel to, and arrival in, the UK in order to begin to make an assessment of the emotional and mental health needs of the young person. Social workers should also pay particular attention to signs of trafficking or sexual exploitation of UASC and any evidence should be bought to the attention of the Team Manager. Initial assessments should always take place with an interpreter except in circumstances where it is clear that the young person has sophisticated use and understanding of English or where the Social Worker is fluent in the young person s first language. Social workers should seek to establish the first language of a young person rather than making an assumption based on the country of origin and should also seek to establish whether there may be issues arising from the ethnic/religious/cultural/ political group to which the interpreter belongs. The interpreter should be briefed prior to the interview as its content and purpose and intended outcomes e.g., to determine a suitable placement. Where possible, interpreters employed by or used regularly by the Services for Children and Families should be used in order to maximise the potential for a clear understanding of the issues involved. 13

16 The Social Worker will, at the outset, need to be clear about his/her role and that of the Department and establish that s/he is not immigration official. There will be issues concerning the young person s asylum application that will need to be addressed at an early stage. It will be important to ensure that the young person has access to legal representation, that the solicitor is made aware of the Department s involvement and of the contact details for the young person and that both parties are aware of the need to complete and return the Statement of Evidence Form (SEF) within 14 days of the application for asylum. Immediate support issues should be addressed. The young person may have family members or friends living in the UK who can provide support but not accommodation or may have travelled with other asylum seekers with whom s/he would wish to maintain contact. Completed paperwork should include Initial Case Information Form for UASC, which has been designed to capture important information. Assessment work, as with all children, is a continuous and ongoing process. It may be, however, that UASC will be reluctant to share personal information until they feel able to trust the Social Worker or carer and are confident that information will not be used to their, or other family s detriment. It will be difficult to assess the parenting of UASC when parents are not available, but with sensitivity it may be possible to explore the young person s parenting experience and the existence/role of other supportive adults over time. UASC will, whatever their circumstances, have experienced a number of losses parents, extended family, peers, home, culture and way of life. It will be important to assess the impact of the losses and to be aware of the variety of ways in which young people might react and present in these circumstances. During the course of ongoing assessment, it will be necessary to determine with the young person whether s/he wishes for efforts to be made to trace his/her family. If this is the case, the Red Cross Tracing form should be completed. In doing so, the Social Worker should clarify whether or not there could be any repercussions for the young person s family by initiating this process. In assessing young people s ability to live independently, social workers may need to balance skills which are well developed as a result of the need to have been resilient in the face of adversity against gaps in skills and knowledge which may not be immediately self evident but which are the result of a lack of nurturing and/or disruption which has resulted in the young person leaving the home country. Unaccompanied Asylum Seeking Children A Practice Guide (DH 1995) suggests that all case assessment, review and planning process will necessarily include at least the following: o o o o Personal and family history. Exile history and its effects. Contact with family, friends and community. Legal and immigration status. 14

17 o o o o o Education/employment history and plans. Health, physical and emotional. Language, religion and diet. Placement plans. Physical resources (i.e., clothes etc). Initial assessments will need to include an assessment of the young person s personal belongings and an identification of items needed immediately e.g., clothes, toiletries etc. For all unaccompanied asylum seeking and refugee children who are looked after, the Looked After Children process and policy should be followed. Details for Essential Information, placement & pathway plan may be minimal. These documents should be updated as new information becomes available. Reviews should take place within statutory timescales and to encourage young person to participate information should be provided in their first language. 15

18 Appendix A1 Guidance Eligibility & Needs Assessment for Applicants Claiming To Be Unaccompanied Asylum Seeking Children NOTES FOR ASSESSOR Please be aware that the police station can only hold the client for 24 hrs then they have to be released from custody. It is imperative that the Initial Assessment is completed within that 24hr period. A telephone interpreter (on loud speaker) can be used for the Initial Assessment. Please obtain these items before you leave the venue: Photograph Custody Form ASSESSSOR (Can be taken at the assessment, please ask client if they are agreeable) if client is happy to have their photograph taken please take front and side profile. upload on fwi Front sheet (police station should make this available) upload scanned on fwi Introduce yourself and ask the interpreter to do the same. Check understanding of language and dialect. Remember telephone interpreting may be difficult for both parties at times. Check applicant is feeling well. Remember the applicant may be tired. Offer refreshments / water if applicable. Explain that we are Social Care staff and have no powers over Immigration. Explain that we are not the Police (remember it is unlikely that the police would have advised on what is to happen next). Explain that because the applicant has arrived without Identification Documents we will need to establish the age/date of birth. Remember many young people from abroad might not know their date of birth. Explain it is important for them to know that the outcome of this assessment might result in us deciding that the applicant is aged over 18. If that s the case the applicant will then be transferred to an appropriate agency for support. Explain that if the out come is that the applicant is under 18 then he/she will be supported by Social Services. Try to gather enough information to establish a view of how the applicant presents in manner and demeanour. It should be noted that although physical appearance may initially indicate that the applicant is older than the age claimed, without undertaking a full assessment it cannot be judged if this is because of life experiences/genetics or if the applicant is intentionally misleading the assessor. However, if the responses indicate that the applicant is misleading the assessors, the initial assessor should be confident in making any recommendations to be taken into consideration at the full assessment. If the police made an error and the applicant confirms they are adult, it is not necessary to continue the assessment but refer to UKBA, please do this before you 16

19 leave the station. Local UKBA office UKBA will arrange for them to be picked up and to be supported as an adult. Under 18yrs Inform the applicant that because they have arrived in this area, until the assessment of age is completed, they will be looked after by the LA and may continue to be so if it is assessed that they are a vulnerable young person. Explain they will now be placed in accommodation. Give date (if possible) of next meeting, and of visits that have been arranged etc. Explain we shall try to establish accommodation needs based on the given responses. Explain that they are free to leave the accommodation to go outside and that the provider will explain this. However if they leave and do not return the LA will consider that they are not willing to co-operate and have refused assistance. Explain this is an initial meeting, we shall be asking questions to ascertain immediate needs and that we shall meet again with a face to face/telephone interpreter. Explain that if there are immediate health needs we will arrange for the applicant to be seen by medical or health professional. At the end of the interview, explain that the applicant will need to see an Immigration Officer (if not seen at police station or elsewhere) at some point to take their fingerprints and photograph. They will also be given immigration documents. Explain that an age assessment will need to be undertaken in the coming week to establish a date of birth/age; the LA would undertake this. Complete the Initial Eligibility pro forma this can be uploaded on fwi, can also be shared with placement providers until a more detailed assessment is completed i.e. Child & Family Assessment, Placement & Essential Information forms. Seek medical professional if necessary at the time. Contact Placement Team to arrange accommodation for under 16s and leaving care duty for over 16s PLEASE ENSURE THAT YOU GIVE THE CLIENT THE CONCLUSION FORM IF THEY ARE OVER 18. Under 16yrs Should the assessors conclusion be that the client is under 16 you should inform the placement and resource team immediately so they can identify an appropriate foster placement. 17

20 Appendix B Useful Contacts & 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 lists the advisers in their scheme and provides a link to solicitors who provide immigration advice. Alternatively the OISC Helpline can be reached on Home Office Website: UKBA Bedford Tel: Fax: Immigration and Nationality Enquiry Bureau (INEB) Tel Refugee Council Tel: Ports Dover (East) Tel Gatwick North Tel Gatwick South Tel Heathrow Terminal 1 Tel Heathrow Terminal 2 Tel Heathrow Terminal 3 Tel Heathrow Terminal 4 Tel Waterloo Tel International Organisation for Migration (IOM) Tel Choices, Refugee Action Tel: Refugee Legal Centre Tel: British Red Cross Tel:

21 Appendix C Application for Asylum C1. 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. An Application made in Bedfordshire are dealt by the Asylum Screening Unit in Solihull, West Midlands. 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 will 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 20 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. Beginning 5 March 2007, all unaccompanied children claiming asylum will go through the NAM process. An unaccompanied child who applied for asylum before 5 March 2007 will be part of what the UKBA calls legacy cases. When an individual claims asylum, they are immediately screened to assess how s/he entered the UK, to establish identity, and are fingerprinted then given an Application Registration Card (ARC). This is also when the applicant's age is discussed (see below) Unlike adults, children seeking asylum are still given a 'Statement of Evidence Form' (SEF). This must be returned by post within 20 working days. Your client should seek legal advice for assistance with completing the SEF. During the screening, the immigration officer will ask about the age of the applicant. If the individual alleges to be under the age of 18 and does not have the documents necessary to support this, then as of 5 March 2007, the young person will be assessed by an on-site social worker. If the social worker is unable to assess the age at this stage, the individual will be routed as an age-disputed case to a Case Owner trained in working with minors. Thus, a young person will be treated as an 'age dispute' child unless and until s/he is proven otherwise in an age assessment carried out by social services. The NAM Case Owner and the assessing social worker should discuss any delays that prevent a decision on age being made within 25 days of the screening. 19

22 C2. How is the application dealt with? Applications from unaccompanied minors are handled by specially trained caseworkers, for which the welfare of the child is a central consideration. IND's target for 2005/2006 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). First Reporting Event [FRE] 10 days after claiming asylum, the child will be expected to attend his/her first reporting event. This is when the child-seeking asylum will: first meet his/her Case Owner; have the asylum process explained; receive the date for his/her asylum interview; and be instructed on reporting requirements; and be offered help in finding legal representation. The child should attend the first reporting event with his/her legal guardian and social worker. Legal representatives are also permitted to attend, however the Legal Services Commission [lsc] is currently not funding legal reps to attend FRE so most won't go. Asylum interview A Case Owner will interview children over the age of 12. They must have a responsible adult (social worker) present at the interview. The interview cannot go ahead if there is no responsible adult present. 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). C3. Information Sharing by UKBA Information provided by asylum applicants is particularly sensitive and the SEF form begins with a statement of confidentiality (young person should sign a consent form which has been explained to them). The UKBA 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 UKBA's Asylum Policy Instruction (API) on Disclosure and Confidentiality of Information (Chapter 16, Section 2) located on the Home Office website. 20

23 C4. 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 UKBA are treating as adults (agedispute cases) are subject to detention in the same way as any other adult. C5. 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) or time limited ILR usually for 5 years, which means there are no conditions set on his or her stay in the UK during that period, it is expected the person will need to make an application for renewal, before the expiry date. 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 time limited 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 18 th birthday (or until 17.5 if the decision is made after April 1 st 2007), whichever is earlier, although there may be some exceptions. For example, for young people who 21

24 come from non-suspensive appeal countries, discretionary leave is only given for 12 months or until their 18 th 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 or refused further leave. 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 Kosovo s in 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. C6 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. C7 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. 22

25 C8 Asylum Process at 18 This is the process at the time of writing [June 14] please see note below. All young people should apply for an extension of their immigration process at least 3 months before their leave expires, in order for continued social services support. If a young person becomes 18 before his or her application or asylum appeal is finally determined, UKBA will not seek to disperse the child (where they have been looked after). Where the child or young person's asylum claim has failed (even where granted a period of limited leave) it is likely that they will ultimately be removed from the United Kingdom. A leaving care services must still be provided to which the young person is entitled up to the age of 21. The point at which entitlement to leaving care services ends will depend on whether they are properly 'failed asylum seekers' (as designated in Paragraph 6 of Schedule 3 of the Nationality, Immigration and Asylum Act 2002) or a person 'unlawfully in the United Kingdom' and whether withdrawal or withholding of such services would lead to a breach of the young persons rights under the European Convention or under Community Treaties. If they are 'failed asylum seekers', leaving care support should continue up to the point that they are removed from the UK or they fail to comply with removal directions set by the Immigration Service. It is important to recognise that merely being a failed asylum seeker is not sufficient cause to withdraw or withhold services - the young person must also fail to co-operate with removal direction set in respect of him or her. If the young person becomes a person 'unlawfully in the UK' by virtue of overstaying and having exhausted any application for extensions of leave and any appeal from the refusal to extend leave and they are not asylum seekers (no outstanding recorded asylum application or asylum appeal after their 18 th birthday) then consideration must be given to withdrawing or withholding leaving care support at the point at which they remain in the UK in breach of the immigration laws. Note however that in either case assistance should continue if the withdrawal of support would lead to a breach of Article 3 of the European Convention on Human Rights. Note: The local authority should decide when it is appropriate for the young person to make application for Section 4 Hard Case support, this will more then likely to be before the young person turns 21, if they are a failed asylum seeker. The local authority will not be in breach of Article 3 of the European Convention on Human Rights if the young person becomes eligible for Section 4 support, only then will the local authority be able to withdrew services. 23

26 Appendix D National Insurance Numbers for UASC How should an asylum-seeking child who has been granted Discretionary (or other kind of) Leave apply for a National Insurance Number? Because children in the care system (whether asylum seekers or not) may not have acquired a national insurance number automatically shortly before their 16 th birthday via the 'juvenile registration' system, a separate procedure has been developed which must now be followed. During the substantive interview for asylum seekers the UKBA caseworker will apply for NI number on behalf of the young person, if this has not happened then the procedure below needs to be followed. A specialist team within the Inland Revenue administers the system; their contact details are as follows: HM Revenue and Customs National Insurance Contributions Office (NICO) NI registrations Children in Care section Room BP1002 Benton Park View Longbenton Newcastle - upon - Tyne NE981ZZ Telephone: ; ; Fax: Who can apply through this procedure? The application must be made through the young person's social worker. The Children in Care section are not concerned with the section of the Children Act that the young person is being accommodated or assisted under so long as the application comes through the social worker. Specifically the procedure is open to those 'assisted' under section 17 of the Children Act as well as those accommodated under section 20 or those under a care order. Although the DWP guidance to the procedure indicates that the application should be made shortly before the child's 16 th birthday many unaccompanied asylum-seeking children will not have entered care by this time. This does not matter. The Children in Care section will accept applications from a child or young person in or leaving care up to the age of 20 (the application must be submitted before the young person's 20 th birthday). After the age of 20 the adult registration process must be used. How can the application be made? The child or young person's social workers must first of all write or fax the Children in Care section on Local Authority headed paper authenticated with a local authority stamp to obtain form CA3530U. This application form should be returned, enclosing copies of the required documents. The application can be made either by post or by fax (on the above number) but should NOT be made by both methods. Photocopies of original documents are acceptable. 24

27 What additional information is required? Most young asylum seekers will not have a birth certificate with them or have traveled on a passport. Neither will most be under a care order. Even if they have any of these documents in the case of UASC it is an essential requirement for the social worker making the application to provide copies of the young person's Home Office documentation. Examples of acceptable HO documents are; a letter granting leave and containing the young person's correct personal details (name and date of birth) or copy of the ARC card displaying the same details. If the young person is at the stage of applying for an extension of Discretionary Leave, a copy of the solicitor's letter making the application for an extension or a 'receipt' from the Home Office indicating that the extension application is under consideration should also be included and will be acceptable. Common Problems It is important that the child or young person's full name is transposed correctly and that the name given by the social worker matches that given by the home office. Where the Home Office has made a mistake in the spelling of a name (as frequently occurs) an accompanying letter from the social worker explaining the error and providing the correct version may be acceptable. Advice should be sought from the unit itself in this situation. A mismatch in the date of birth is not acceptable and MUST be the same as on the Home Office documentation. A consistent date is required for Benefits purposes. Where the SSD has accepted an 'age-disputed' minor as a child, it is likely that an exact date of birth will have to be agreed and accepted by the Home Office prior to the issuing of a NINO. A letter from the Home Office accepting a revised date of birth and accompanying the previously issued documentation would be acceptable. 25

28 Appendix E Checklist for social workers Pre 18 Meetings & plans For those young people who are looked after under Section 20, including ex- Section 17s, ensure they have a pathway plan and education plan and that, at a minimum. Six-monthly review meetings are carried out. Us the review meetings as an opportunity to prepare for transition. Social workers in both leaving care and unaccompanied minor teams should be involved in transition planning and preparation for the young person. A key part will be triple-planning (see below) Triple Planning Ensure triple planning is incorporated into the planning process and starts as soon as a young person begins to receive social services support. This will include planning support and preparing the young person for the various possible outcomes at 18. Plan for return Plan for becoming end of line Plan for more permanent settlement in the UK Legal representation Social workers need to make sure that young people with outstanding immigration issues have legal representation pre and post 18. Social workers should not give legal advice to young people. Extension to Remain Where a young person has leave to remain until the age of 18, ensure that their legal representative applies for an extension at least 3 month before it expires as this will affect their right to stay in the UK and their right to certain entitlements such as job-seeker s allowance. Post 18 Funding for ARE For asylum-seekers, who have appeal rights exhausted a Human Rights Assessment will need to be carried out in order to satisfy ourselves that the young person has no recourse to other support and be eligible for 3 month financial support post 18. Housing Plan for housing at 18, based on the triple-planning process and the three possible scenarios. For young people who have not yet had a positive decision nomination for housing should be put on hold. Benefits Help the young person apply for benefits, including income support, jobseeker s allowance, housing benefit and council tax, if eligible. 26

29 National Insurance Help the young person apply for a National Insurance number if applicable. If a young person is looked after, the application should be made when the young person is 15 years and 9 months old. You need to be aware of the process of applying for a National Insurance number for over 16s and over 18s and act accordingly. (See Appendix D) Education Help the young person understand what education entitlements they have and what financial support they are entitled to post-18, including maintenance allowance if they are entitled to this. Refer to Youth Support Refer young people to Youth Support for careers, education and other general advice. Health checks Young people are entitled to statutory health checks; make sure they get these checks. Be aware of the particular health needs of this group. Post 18 UKBA Funding Post 18 Human Rights Assessment The Home Office will continue to treat the case as eligible for funding under the reimbursement criteria for an extended period of 3 months from the date the young person becomes ARE, provided that we conduct a human rights assessment necessary as a result of Schedule 3 of the Nationality, Immigration and Asylum Act Meetings For young people who are entitled to leaving care services, continue to have, at a minimum, minimum six-monthly pathway plan meetings. Extension of Immigration Status Check with Home Office, young person and Legal representative that the young person has applied for an extension. Copies of proof should be taken and filed. Legal representatives Make contact with legal representatives supporting young people and encourage them to keep in contact post-18. If the young person does not have a legal representative, help them to get good-quality legal advice at the appropriate time. End of Line Continue to provide social services support. Education opportunities are also still open to these young people. Young people should be encouraged to take up part-time vocational training, funding for University will not be funded unless the young person is eligible for a Student Loan (see Appendix C & H). 27

30 Appendix F Rights & Entitlements at 18* Immigration Status Section of the Children Act 1989 previously supported under: Social services support Entitled to Children Leaving Care (2000) Act services d Assistance with education costs, including travel & equipment costs and arguably tuition fees g Work Refugee Status Section 20 Children Act 1989 Humanitarian Protection Section 20 Children Act 1989 Discretionary Leave to Remain to 18 a Section 20 Children Act 1989 End of line Case b Section 20 Children Act 1989 Asylum-seeker awaiting a final decision c Section 20 Children Act 1989 ü ü ü ü ü ü ü ü u see note f ü Permission to do paid work ü ü ü u see note h u see note i Permission to do voluntary work ü ü ü ü ü Housing / benefit / NASS If unemployed, entitled to apply for a range of benefits including income support j ü ü ü Ï Ï Eligibility for local authority ü ü ü Ï Ï housing k Entitled to NASS support, including housing & subsistence Apply for NASS hardship funds Health Ï Ï Ï Ð Ð Ð Ï ü see note m ü see note l Ï Entitled to free NHS services ü ü ü u see note n ü Permission to free prescription The following people are entitled to free prescriptions: those receiving income support; those who have an HC2 exception certificate (including asylum-seekers and failed asylum-seekers); year olds in fulltime education. People with certain illnesses, pregnant women and women who have had a baby in past 12 months are also eligible. Key ü entitled u possible entitlement read notes Ð not entitled 28

31 Notes on Appendix F* a Discretionary leave or ELR to 18 and awaiting outcome of in-time extension application, or granted an extension or appealing a refusal of extension received. b Refused asylum and exhausted any appeal rights arising from that refusal and/or previously granted a period of ' limited leave' (discretionary leave, ELR or humanitarian protection) and not applied, in time, for an extension or refused an extension of the limited leave and any appeal rights from that refusal are exhausted. c Awaiting decision on the asylum application or following an out-of-time application after the expiry of a period of limited leave, the matter is being treated as a 'fresh claim' and the decision is awaited or awaiting the outcome of a final appeal against refusal of an asylum or human rights claim. d Leaving care services include a pathway plan, a personal adviser and six-monthly reviews up to the age of at least 21. To receive leaving care services a child must have been 'looked after' by social services for at least 13 weeks subsequent to their 14th birthday and either continue to be 'looked after' up to age 18 or have been 'looked after' at some time while 16 or 17. Those first accommodated by social services within 13 weeks of their 18th birthday would not be entitled to full leaving care services. f Under Schedule 3 of the Nationality, Immigration and Asylum Act 2002, 'failed asylum-seekers' are entitled to continued support up to the point where they have failed to co-operate with a removals direction, or, where this has happened, if rights under the, European Convention on Human Rights would be breached were support to be withdrawn. A recent note from the Home Office has indicated that 'end of line' young people may also fit another category detailed in Schedule 3, paragraph 7 of the Nationality. Immigration and Asylum Act 2002, namely 'persons unlawfully in the UK' and if this is correct, social services could withdraw support to 'end of line' cases unless this would be in breach of Article 3 of the European Convention on Human Rights. However, this is only a Home Office 'note' and has not been incorporated into local authority guidance; it is noted here only to alert local authorities to a possible change in the future. g Those entitled to leaving care services who are in full-time further education when they turn 19 are not entitled to income support and housing benefit after their 19th birthday but the local authority should pay for their accommodation and maintenance to allow them to continue in full-time study. h For more information on this, see Appendix D. i Since 23 July 2002 asylum-seekers awaiting a decision can no longer apply for permission to work. Therefore, very few young asylum-seekers who are still awaiting a decision will now have permission to work, but do check if they received permission prior to the July 2002 change, in which case they will continue to have permission. If asylum-seekers have been waiting for more than a year for an initial decision on their asylum claim, they are entitled to apply to the Home Office for permission to work. j These include income support (which those in low-income work are also entitled to) or jobseeker's allowance, housing benefit and council tax. While it is normally the case that those in receipt of jobseeker's allowance or income support can only study up to 16 hours a week without losing entitlement to these benefits, unaccompanied children with limited leave (including those with an extension application outstanding) who are 18 and in full-time non-advanced education (ie, attendance at a school, college or similar establishment for education up to and including GCE A levels) can receive income support up until their 19th birthday. k As stated in a letter from the Office of the Deputy Prime Minister to chief executives and housing directors of all English local housing authorities, 25 March l Young people receiving leaving care support from social services will not be dispersed by NASS, which currently reimburses the local authority with a sum of 140 per week for the young person's accommodation and support. m There are strict eligibility criteria for access to hardshi p funds. Hardship funds are available only to people who are destitute and not entitled to any other public funds. See NASS Bulletin on hard-case support in further reading section for more information. n People at the end of the line are still able to access NHS primary healthcare for emergencies or treatment which is immediately necessary and this should be provided free of charge. However, although some secondary NHS care in a hospital is free, such as treatment in an accident and emergency department, if a patient is admitted as an inpatient or registered as an outpatient they will be charged for this service. Restrictions to entitlements for asylum-seekers at the end of the asylum process came into force on I April *Re-produced by permission from Save the Children 29

32 Appendix G Further education entitlements* Immigration Status Entitled to apply to study at further education institutions (e.g. sixth form or college) d Refugee Status Humanitarian Protection Discretionary Leave to Remain to 18 a End of line Case b Asylum-seeker awaiting a final decision c ü ü ü ü ü Home Fees e ü ü ü u see note f Fee remission (i.e. no fees) when studying on a course funded by the LSC Free adult literacy, numeracy & ESOLclasses Education Maintenance Allowance (EMA) u see note h u see note h u see note h u see note i u see note g u see note j ü ü ü ü ü ü u see note k u see note k Ï Ï Learner Support Funds ü see note l u see note m u see note m u see note n u see note o Key ü entitled u possible entitlement read notes Ð not entitled 30

33 Notes on Appendix G* a Discretionary leave or ELR to 18 and awaiting outcome of in-time extension application, or granted an extension or appealing a refusal of extension received. b Refused asylum and exhausted any appeal rights arising from that refusal and/or previously granted a period of ' limited leave' (discretionary leave, ELR or humanitarian protection) and not applied, in time, for an extension or refused an extension of the limited leave and any appeal rights from that refusal are exhausted. c Awaiting decision on the asylum application or following an out-of-time application after the expiry of a period of limited leave, the matter is being treated as a 'fresh claim' and the decision is awaited or awaiting the outcome of a final appeal against refusal of an asylum or human rights claim. d There are no legal restrictions on asylum-seekers or refugees studying in the UK (including all the types of status included in the table). AII refugees and asylum-seekers are free to study on any level of educational course in the UK providing they are able to satisfy the entry requirements of the course, which may include language skills and previous educational achievement, and that they are able to pay the course fees. Getting a college place is at the discretion of the college. e Regulations regarding course fees for further education are complex and depend on whether the course is part-time or full-time and whether the young person is receiving benefits or social services support. f The further education regulations do not mention that immigration status should be current but state that it should have been given at some point. Therefore, home fees apply to any young person who at some point previously had discretionary leave, ELR or humanitarian protection. However, if the young person did not receive any of these and has exhausted all the appeals procedures, they are likely to be expected to pay overseas fees. g Asylum-seekers and their dependants are entitled to pay home fees if they are in receipt of one of the following: income-based benefits; assistance under the Children Act 1989; financial assistance from NASS; or assistance under the National Assistance Act 1948 (support from local authority). Otherwise, asylum-seekers who have been in the UK for three years are entitled to home fees; overseas fees apply for asylum-seekers who have been in the UK for less than three years. h All refugees and people with ILR or limited leave aged 16, 17 or 18 on 31 August in the calendar year when they start their programme are entitled to fee remission when studying on a Learning and Skills Council-funded course. This ensures that funding for year-old learners does not change during an individual programme if they become 19 years old. They do not have to pay fees if they become 19 during their programme, and institutions may continue to claim fee remission. If 19 or over when they start their programme, they will only be eligible for fee remission if they are in receipt of jobseeker's allowance or income-based benefits (in which case they can only study part-time, i.e., less than 16 hours a week). In addition all basic skills courses automatically attract fee remission regardless of age or immigration status. i j If already studying and not paying fees, this should at least continue until the end of the year. Asylum-seekers aged 16, 17 and 18 are entitled to apply for fee remission when studying on a Learning Skills Council course. If 19+ they will only be eligible if they receive assistance under the Immigration and Asylum Act 1999 (NASS support). In addition all basic skills courses (eg, ESOL) automatically attract fee remission regardless of age or immigration status. k There is some confusion over this entitlement. In a guide written by Education Action International, Educational Rights and Entitlements in Further and Higher Education 2004/05, it states that year-olds who have humanitarian protection or discretionary leave and have been ordinarily resident in the UK for three years prior to the due date at the start of their course are entitled to EMA, as well as people with ILR/refugee status. However, the Department for Education and Skills only highlights refugees and people with ILR as being eligible. I Refugees of all ages over 16 are entitled to learner support funds from the date of being granted refugee status. Young people with ILR are entitled to learner support funds between 16 and 18 years of age and, if they meet the three-year 'ordinarily resident' requirement, entitlement continues when they reach 19 and over. m Young people with ELR, humanitarian protection or discretionary leave are entitled to learner support funds between 16 and 18 years of age and, if they meet the three-year 'ordinarily resident' requirement, entitlement continues when they reach 19 and over. n The further education regulations do not state that immigration status should be current but should have been given at some point. Therefore, the same entitlements should apply as to those young people with ELR or discretionary leave to 18 who received an extension. However, if they did not receive any of these and have exhausted all appeals, they will not be eligible. o Asylum-seekers aged are eligible for learner support funds. Those aged 19 or over are ineligible. *Re-produced by permission from Save the Children 31

34 Appendix H Higher education entitlements* Immigration Status Refugee Status Humanitarian Protection Discretionary Leave to Remain to 18 a End of line Case b Asylum-seeker awaiting a final decision c Entitled to apply to study ü ü ü ü ü Entitled to Home Fees ü see note d ü see note e ü see note e u see note f u see note g Entitled to apply for loans & grants from student support system ü see note h u see note i u see note i u see note j Ï see note k Key ü entitled u possible entitlement read notes Ð not entitled 32

35 Notes on Appendix H* a Discretionary leave or ELR to 18 and awaiting outcome of in-time extension application, or granted an extension or appealing a refusal of extension received. b Refused asylum and exhausted any appeal rights arising from that refusal and/or previously granted a period of ' limited leave' (discretionary leave, ELR or humanitarian protection) and not applied, in time, for an extension or refused an extension of the limited leave and any appeal rights from that refusal are exhausted. c Awaiting decision on the asylum application or following an out-of-time application after the expiry of a period of limited leave, the matter is being treated as a 'fresh claim' and the decision is awaited or awaiting the outcome of a final appeal against refusal of an asylum or human rights claim. d Refugees are eligible to pay home fees. People with ILR are entitled to pay home fees after being 'ordinarily resident' in the UK for three years. e People with humanitarian protection, ELR or discretionary leave are entitled to home fees. f This will depend on whether they had ELR, humanitarian protection or discretionary leave which has expired. The higher education regulations only require that ELR/humanitarian protection/discretionary leave should have been granted at some time in the past. It does not impose a requirement that ELR/humanitarian protection/ discretionary leave should continue throughout the course. However, if they did not receive any of these and have exhausted all appeals then they are likely to be expected to pay overseas fees, although the university does not have to charge overseas fees - it is at the discretion of the institution. g Although asylum-seekers can be charged overseas rates, education establishments do not have to do this. Three options are possible for young people in this situation First, they could apply to universities who do treat asylum-seekers as home students. Second, they could apply to the educational establishment to reduce the fees because of their particular circumstances. Third, they could opt for a part-time course, as many colleges do not charge overseas fees for their part-time courses. h Refugees are eligible from the date of being granted refugee status. People with ILR are eligible after being 'ordinarily resident' for three years. i People with ELR, humanitarian protection or discretionary leave are eligible after being 'ordinarily resident' for three years. j This will depend on whether they had ELR/humanitarian protection/discretionary leave which has expired. If this is the case they are entitled, as there is no regulation to state that status should continue throughout the course. However, if they did not receive any of these and have exhausted all appeals then they will not be eligible for higher education student support. k Asylum-seekers are not eligible. However, if an asylum seeker is granted refugee status they will become eligible to claim student support. If the young person is granted ILR, humanitarian protection or discretionary leave during the course they can become eligible if they meet the three-year ordinary residence requirement prior to the start of the course. *Re-produced by permission from Save the Children 33

36 Appendix I: UASC Flowchart - Fwi WorkFlow Map Age Assessment [UASC] Case Closue Child & Family Assessment Strategy Discussion LAC Visit LAC Visit Subseq. LAC Review Contact/ Referral Child or Young Person in Need Visit Arrange Resources LAC Updated Ass. Progress on Care Plan Child & Family Assessment Decision to Seek Accommod. 2nd LAC Review Develop Pathway Plan LAC Planning 1st LAC Review LAC Updated Ass. Progress on Care Plan Plan Updated

37 Appendix J: UASC Flowchart - New Arrival Duty Response UASC Referral - Duty Response Tasks: Advice, Information, Screening, Gate Keeping, Contact or Significant Information Duty Desk Actions: 1. Take Initial Contact 2. Give appropriate response 3. Complete Initial Referral form 4. Identify any matters of concern and consult with duty manager. Discuss with manager for financial payments, identified actions or section 47 investigation. Hand-over/Reviews to be bought to the attention of duty manager. Child in Need Cases - New Arrivals (named social worker) Tasks: 1. Initial assessment checks [age, local connection & asylum status] 2. Check LAC missing persons register [QA Team] for any match and Police Missing database 3. Refer to other agency if client over 18 or from another LA. Possible outcomes [from task 1 & 2]: - Complete initial contact/referral episode [fwi] - Start Age Assessment initial asses [fwi]. - Provide service under Sct. 17 CAct 1989 pending further enquires to complete initial or age assessment. - Arrange placement [Fax initial assessment] [provider to register client with GP & Dental practice] - Arrange statutory medical assessment with LAC GP - Arrange Full Merton Age assessment if doubt over age of client. Discussion with Manager - Complete initial contact/referral episode within 1 working Day & Age Assessment within 14 working days - First Reporting Event at HO, 10 working days from lodging an asylum claim - Second Reporting Event at HO, 20 working days from lodging an asylum claim [SEF must be completed] - Age disputed cases, age assessments should be completed and sent to NAM case owner within 25 working days.

38 Appendix K Eligibility & Needs Assessment Eligibility & Needs Assessment This pro forma should be completed and sent to *** immediately after completion. Finance Team (to create WBS number) & Accommodation Provider [initial details can be destroyed after placement form etc. have been completed] All information to be transferred to fwi episodes Date of Referral: Source of Referral: Ensure that the applicant is aware that this is an initial interview. That we are social care staff and that our role is to assess need and if necessary assess age. First Name(s): Family Name: Are you known by any other name? If yes what? DATE OF BIRTH: AGE: First language: Calendar Sex Religion Other language(s): Place of birth: Nationality: Date of arrival in UK: Date of leaving own country: Did you travel alone? Place of Arrival Method of arrival Do you have any documents? Do you have any friends, family or contacts in the UK? (obtain details) Have you ever applied for asylum in any other country? (if yes, where / when) Do you know the whereabouts of your parents? (if yes, where and contact details) Do you have any siblings? (ages) 1