PAN LONDON PROTOCOL. Provision of Emergency Accommodation. For Rota Referrals

Transcription

1 PAN LONDON PROTOCOL Provision of Emergency Accommodation For Rota Referrals 1

2 Table of Contents 1. Introduction 3 2. Purpose of the Document 3 3. Pan London Rota 3 4. Emergency Accommodation 3 5. Local Determination/ Connection 4 6. Young People Presenting to Local Authority 5 7. Referring Young People to Croydon 6 8. Legal Responsibility for Young Person 6 9. Notifying Local Authority of EA in Their Area Safeguarding Age Assessment Referral to Asylum Support Cancelling Appointments Local Authority Support Cost Claim Travel to Local Authority Appointment Missing from Emergency Accommodation Interpretation Services Partnership & Working Arrangements 10 Appendix 1: Initial Accommodation Process for Young Adults - UKBA 15 Appendix 2: Initial Accommodation Local Authority Request Form - UKBA 17 2

3 1. Introduction 2. Purpose of the Document This Pan London Protocol: Provision of Emergency Accommodation for Rota Referral sets out clear guidance for local authorities: Once a young person has been placed in EA Once an initial rota referral has been made Working arrangements between LB Croydon, LASC, EA Service Provider and the UKBA. To reduce the number of nights a young person stays in EA. Safe transfers of young people to LAs 3. Pan London Rota The pan London Rota was an agreement by Directors of Children Services that local authorities (LA) would take turns in supporting unaccompanied asylum seeking children claiming to be 16/17 years of age. This was to ensure the fair distribution of young people to LAs in London. The Rota is a voluntary arrangement and all LAs have positively contributed to being part of the system. The Pan London Rota is now managed by Croydon Council s Unaccompanied Minors Team. 4. Emergency Accommodation EA is a temporary arrangement. Young people should not remain in the accommodation for more than 5 working days. Young person should be transferred from EA to local authority for assessment within 5 working days. This will reduce the child protection, child care concerns and safety issues that may arise if young people stay in EA. A young person who is under 18 is particularly vulnerable if uncertainties continue. Delays can put a child at a greater risk of insecurity and anxiety especially if reason for entry into the UK is trafficking or exploitation. 3

4 5. Local determination/connections 5.1 LB Croydon manages the rota system and LAs have agreed to accept referrals from the rota on the basis that any young person presenting at the Asylum Screening Unit (ASU) would be without a local connection. 5.2 Local connection A Local authority should not receive a young person who: a) Already has a connection to another local authority OR b) Demonstrates they have relatives in another borough with a verified address. The EA Service Provider will inform LB Croydon and LASC immediately if there is any indication that the young person has a relative or any previous communication with another borough. In the case where it is known that the young person has a relative or has presented to an LA prior to rota referral, the young person should be returned to the LA they initially had contact with, followed by a letter and phone call stating reasons why. If a LA assists a young person for more than 5 working days, this will be deemed a local connection. If a young person presents to an LA after 4 pm, or over a weekend, the LA should assist the young person until the next working day and then escort to UKBA Asylum Service Unit (ASU) before 1 pm. See section 6 and 7. If the young person is found to have a local connection and if on undertaking their initial assessment the Local Authority finds the young person needs to be accommodated under s20 but has a connection to another area then s20(2) Children Act 1989 should be used to transfer the child to that area s care. Section 20(2) states that where a Local Authority who provides accommodation under s20 (1) for a child who is ordinarily resident in the area of another Local Authority, that other Local Authority may take over the provision of accommodation for the child within 3 months of being notified in writing that the child is being provided with accommodation or such other longer periods as may be prescribed. (Source: Creighton & Partners) 4

5 Section 20(2) Children Act 1989 should be used to request that the other area take responsibility for the child. (Source: Creighton & Partners). Note: Information on a local connection may not be disclosed by the young person whilst in transition from ASU to EA to local authority appointment. 6. Young Person Presenting at Local Authority If a child presents to an area then that area should take initial responsibility for the child, assessing and then meeting their needs. As part of that assessment the issue of legalising the child s status should be considered. It will almost always be a need of the child for their status to be legalised and therefore assistance should be provided to them in making the relevant application to the UKBA. (Source: Creighton & Partners). The local authority concerned should escort the young person at the earliest opportunity, to the UKBA Asylum Service Unit (ASU) to make a claim for asylum. Until the claim for asylum is made the UASC (newly arrived), has no formal status in the UK. It is only when the asylum claim has been made that the UASC is then formally recognised as being present in the UK. Assuming that there is no local connection the UASC is then entitled to be assessed for eligibility of service provision where the need arises i.e. in Croydon. This will apply if a young person is over 16, pre asylum, has no local connection and presents at a local authority After the asylum claim has been made, the local authority where the child first presented can continue, if they wish, to resume responsibility for that child and maintain service provision. NOTE: The local authority must not send the young person directly to Croydon Council for Rota referral. They must first claim asylum at the ASU as outlined below in section 7. 5

6 7. Referring Young People to Croydon LA s must alert the Intake Social Workers from Croydon s Council Unaccompanied Minors Team (UMT) that they will be travelling to Croydon ASU with a young person to claim asylum. The team can then arrange to meet the LA and young person the next day at ASU. The contact number for the UMT Duty is ext LA s must escort the young person to Croydon ASU and handover to Croydon Council s social work team based in the ASU. ASU do not receive young people after 1pm. Therefore LA s must assist overnight any new arrival who presents after that time where the need arises. 8. Legal Responsibility for Young Person The borough in which EA is located will be legally responsible for the young person. When the young person is transferred to an LA via the Pan London Rota, that LA will become legally responsible. 9. Notifying Local Authorities of EA in Their Area LASC will be responsible for notifying the LA in which EA provision is located. The LA in which EA is located will be responsible for following through the Department for Education process for a child including relevant s20 process, health care etc. if the need arises pdf An immediate Safeguarding Assessment should be conducted. The assessment must be holistic and consider safeguarding issues of the young person e.g. trafficking, fostering, false marriage, abuse etc. NOTE: Any safety issues involving the young person whilst in transition from ASU to EA will be discussed with the Croydon Duty Manager. 6

7 10. Safeguarding 10.1 Missing Persons If the child goes missing, the LA in which EA is placed will be responsible for following the Department For Education Guidance on Children and Young People Who go Missing Service Provider will notify LASC and Croydon UMT if the young person goes missing or they have reason to believe child trafficking has occurred Child Trafficking All persons working with the young person must follow the guidance for child trafficking and child trafficking tool kit. icked_children_toolkit_july_2009.pdf 10.3 National Referral Mechanism Any child, who comes to the attention of a local authority who provides a service, must be referred to the National Referral Mechanism (NRM) if the local authority has reason to believe the child may have been trafficked Age Assessment LA s on the Pan London Rota have a duty to carry out an initial assessment of need of young people and provide support if eligible for service provision as a 16 or 17 year old. LA s should make arrangement to accommodate the young person in their borough as soon as Croydon UMT make contact with a rota referral. The LAs priority should be the care and placement of young people awaiting an age assessment. Assessment can be conducted whilst the young person is placed in LA care such as residential or foster care. 7

8 If a young person is assessed as an adult, the LA must refer them to Asylum Support services and notify LASC. The young person must not be returned to EA by local authority once assessed as over 18 years old. Please refer to Pan London Age Assessment Good Practice Guidance for further information. 12. Referring to Asylum Support Services If a young person is assessed as over 18 years of age the LA can refer either to: a) Refugee Council Contact the Refugee Council Children s Panel first on: or They will arrange for young people assessed as 18+ to be accommodated and supported at Initial Accommodation (IA). If it is too late in the day for a young person to be seen at the Refugee Council, they can be referred straight to IA. b) Initial Accommodation If a young person is assessed (Merton compliant) as over 18 years old, LA should contact the London Initial Accommodation (IA) helpline on between 9:00am 5:00pm. Or out of hours Please see appendix 1 for further information on the process for referring young adults to IA. 13. Cancelling Appointments LA s must provide 24 hours notice in writing if they wish to cancel an arranged appointment for the young person referred to their borough from Pan London Rota. If the LA fails to give sufficient notice the young person will be sent to the LA who must make alternative accommodation arrangements. 8

9 14. Local Authority Support Cost Claim LAs can make arrangements to transfer young people to their support prior to the LA assessment. The cost of support will be met by the UKBA up until the young person is assessed as being an adult. If a local authority concludes that a person is an adult they must be referred to Asylum Support see details in Section 12 above. If a local authority concludes a person is a child i.e. under 18 years of age, UKBA funding will continue via the UASC Grant claim. Travel expenses incurred for UASC is claimable within the UKBA grant. 15. Travel to Local Authority Appointments 15.1 Transfer Arrangements to Local Authority Appointments LASC will co-ordinate the safe transfer of young people to LA appointments. LASC will utilise a Westminster City Council contractor. All transport staff are CRB checked. LASC will contact LA s to ensure young person arrive safely for their appointment. The LA must submit confirmation of the office address they wish the young person to report to. The LA should make arrangements for young people to be transferred to their offices as soon as is possible (within 5 days) Pick up Point LASC will arrange transport arrangements and ensure young people reach their destination safely. LASC will notify the EA Service Provider by of pick up arrangements. LA will confirm with Croydon UMT the location where young people should be dropped off for assessment interview. 9

10 Note: Travel expenses incurred for Young People are claimable within the UKBA grant. 16. Missing From Emergency Accommodation If a young person goes missing from EA prior to attending LA appointment LASC will notify the LA. The agency that last saw the young person will be responsible for reporting them missing to the Police. 17. Interpretation Services LA s are expected to ensure that interpretation facilities are available. LA s can accommodate a young person once they have accepted the Rota referral, then make arrangements for interpreters. As soon as a LA accepts a Rota referral they should make arrangements to accommodate the young person. 18. Partnership and Working Arrangements Young people are referred to EA via the Croydon UMT. Accommodation is currently provided by the LASC Service Provider and is managed by LASC. LASC monitor the accommodation and support services and administer the payment of invoices on behalf of the UKBA. LAs should take steps to assess young people as soon as is possible and provide appropriate support, accommodation and services. LASC can assist and advise LA s with any issues that may arise with Rota referrals London Borough of Croydon LB of Croydon has an intake team of social workers based at the ASU. Any LA with a UASC who needs to claim asylum can in the first instance alert Croydon s UMT to agree arrangements to receive the young person at ASU. 10

11 Young people who are eligible for the rota are taken from the ASU to LB Croydon, by the duty social worker. LB Croydon is responsible for: Arranging an initial assessment appointment with an allocated LA based on the Pan London Rota referral system. If the young person is unable to be assessed on the same day, Croydon UMT will refer the young person to EA. Completing an EA Placement Form for each young person and updating this for every night the young person requires accommodation. The initial referral in most cases, will detail which LA the young person has been allocated to and when an LA assessment has been arranged. The form may also indicate if the young person needs to return to the UKBA, visit the RC etc. Making travel arrangements for the young person to reach EA safely (when young people have presented in Croydon). Inform Rota LA of the young person being referred and make contact with LASC who will arrange transfer. Log young people who go missing London Asylum Seekers Consortium (LASC) LASC is responsible for: Providing EA on behalf of the UKBA. Monitoring both the EA and support services and arranging any necessary inspections of accommodation. Monitoring the performance of the EA Service Provider. Monitoring the number of nights young people are accommodated in EA to ensure they do not exceed 5 nights. Administering the Placement Forms received from Croydon UMT via the EA Provider. Checking and processing the payment of invoices on behalf of the UKBA. 11

12 Reconciling information provided by Croydon UMT and the EA Provider to establish all agreed assessment interviews has been kept. Recording the LA to which young people will be referred on the Rota. Completing monthly spreadsheets detailing all Rota referrals, number of nights accommodated in EA and the allocated LA Receiving Local Authorities The LA is responsible for: Agreeing and arranging to undertake an initial assessment as soon as possible and no more than 5 working days. Working in partnership with LASC and the Service Provider to receive transferred young people within 5 working days. Reporting to Croydon UMT if a young person goes missing/does not attend initial assessment appointment. Placing the young person in a safe and secure accommodation in their borough upon receipt of Rota referral or within 5 nights in EA. There is no cost implication if assessment is carried out whilst in LA accommodation. If LAs are unable to locate their own accommodation LASC may be able to source accommodation on their behalf depending on location and availability. Note: At the point of assessment and once the young person has been transferred the LA picks up financial responsibility for the young person. If the LA disputes the date of birth of a young person they must conduct a Merton compliant age assessment and then either, provide a service or refer the applicant to Asylum Support as an adult. Local authorities within their duty of care to vulnerable young people must work with LASC and Croydon UMT to safeguard and protect the young people by ensuring they: Receive young persons' safely at local authority appointment Assess whether the young person is a child in need and entitled to statutory support or should be transferred to Asylum Support Service. 12

13 If a LA concludes that a person is an adult they must be referred to Asylum Support. See Section 11 above. If a LA concludes a person is a child i.e. under 18 years of age, UKBA funding will continue via the UASC Grant claim Emergency Accommodation Service Provider The EA Service Provider is responsible for: Receiving young people and allocating appropriate accommodation to the young person Confirming safe arrival of the young people Identifying any immediate risk Support and sustenance during the young person s stay in EA Escorting the young person for any emergency medical treatment Ensuring the young person boards transport arranged. (within 5-days). Inform LA, Croydon UMT and LASC if young person goes missing from EA or misses a transfer arrangement Keeping a record of all young people, the dates accommodated in EA and the movements of young people i.e. UKBA, medical appointment, LA and reporting to Croydon UMT if a young person goes missing from accommodation. A full breakdown of services is outlined in the LASC EA Service Specification The UKBA The UKBA is responsible for: Meeting the costs of accommodation and support while the young people are in EA Data matching young people from point of claim to initial assessment. Meeting the cost of EA in line with any grant arrangements paid to LAs in respect of supporting young people. 13

14 LASC Pan London Protocol: Provision of Emergency Accommodation For Rota Referrals Version 2 September

15 APPENDIX 1 UK Border Agency London & South East Initial Accommodation Process for young adults assessed as over 18 This note is only for Local Authorities in London & South East region This document outlines the process for local authorities to refer destitute clients assessed as over 18 directly to Initial Accommodation and not via Refugee Council 1. The local authority must fax the Request for Authorisation to London & South East Initial Accommodation form - LA Form to by 4:30pm Monday to Friday 2. The local authority must also fax a covering letter confirming that the age assessment conducted is Merton Compliant. The covering letter must be faxed with the authorisation form Please note The IA staff cannot authorise entry of any young adult into Initial Accommodation without the letter confirming the age assessment conducted is Merton Compliant 3. The helpline officer will fax an authorisation form to the fax number on the request form provided by local authority. This will confirm the booking 4. The authorisation fax will also provide details of where the young adult will be accommodated The two sites are: Barry House Brigstock House 261 Barry Road Brigstock Road East Dulwich Thornton Heath SE22 0JT Croydon CR7 7JA 15

16 5. The young adult should make their own way to the required site on the day of the booking. The booking will expire at 12 midnight on the day if they fail to arrive. The young adult should make every effort to travel to the Initial Accommodation as soon as the booking is confirmed. 6. From 4:30pm onwards and weekends the out of hours service commences. The out of hours manager must be contacted on The local authority must contact the out of hours manager and confirm that the case is Merton Complaint and fax the covering letter to The young adult will be booked in either Barry or Brigstock House and will have to make their own way to the site. Please Note IA staff may request further information from the local authority before authorising the young adult in Initial Accommodation. IA staff may also refuse authorisation into Initial Accommodation if there is evidence confirming the young person is not destitute. Contact Numbers Contact Contact Name Phone Fax London & South East Initial Accommodation UKBA Duty officer UKBA Out of Hours manager Asma Nazir or Duty Officer N/A Barry House Duty Officer Brigstock House Duty Officer

17 APPENDIX 2 Request for Authorisation to London & South East Initial Accommodation Form (LA request Form) I request an Initial Accommodation bedspace for the following young adult. I confirm the age assessment is Merton Compliant. Local Authority: Name of Duty Officer (LA): Phone No: Fax No: Name of applicant: UKBA Ref: Confirmed Date of Birth: Signature of Duty Officer (LA): 17

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