The Refugee Council s submission to the Education and Skills Committee inquiry into Every Child Matters November 2004 Registered address: Refugee Council, 3 Bondway, London SW8 1SJ Charity number: 1014576 Company number: 2727514
Introduction 1. The Refugee Council is the largest organisation in the UK working with asylum seekers and refugees. We give direct support and advice, and work with asylum seekers and refugees to ensure their needs and concerns are addressed. We have ten years experience of assisting unaccompanied children in the asylum process through our Panel of Advisers for Unaccompanied Refugee Children. Through our services to children and our policy work, we work closely with many agencies assisting children involved in the asylum process. 2. The Refugee Council welcomes the attention given by the Committee to the issue of children s services reform. We support the Government s stated aim to safeguard children and to ensure that policies are in place that ensure that each child fulfils his or her potential. The Refugee Council therefore welcomed the Green Paper Every Child Matters and the efforts made to address issues that would directly affect our clients. Our detailed views on the proposals outlined in Every Child Matters can be seen in our full response of November 2003 on the Refugee Council s website. 1 3. This submission highlights some of the concerns expressed as a response to Every Child Matters, as well as commenting on the progress made since its publication. It includes recommendations for further progress towards our shared vision, a society in which children are safe and able to maximise their opportunities. Every Child Matters 4. The title of this inquiry is particularly pertinent to the Refugee Council, as we work with some of the most vulnerable and marginalised children and young people in the UK. Many of the young people we see have experienced violence, human rights abuses and separation from close family members. In the UK they struggle to negotiate an asylum system designed for adults and a child protection system focused on children who live in their own community within their own families. 5. Every Child Matters is to be commended for its principles and the stated aim that Child protection must be a fundamental element across all public, private and voluntary organisations. 2 6. Falling through the gaps is a phrase that could have been coined to describe the experience of asylum seeking children in the UK. It is therefore 1 http://www.refugeecouncil.org.uk/publications/pub007.htm#child_matters 2 Every Child Matters. Introduction by the Chief Secretary to the Treasury. 2
imperative that policies aimed at vulnerable children do not simply repeat previous mistakes as a society we must rise to the challenge of protecting those hardest to protect. Children and families subject to immigration control 7. The Refugee Council acknowledges a need for immigration control and understands that in order to fulfil its function the government is responsible for decisions regarding applications to enter or stay in the UK. However, we strongly believe that while children are living in this country, they must be afforded equal rights and treatment under UK law. Policies relating to child protection and children s welfare must pay particular attention to the needs of this vulnerable group. The wording of the Green Paper and forthcoming inquiry indicate that this is the view of government. This message was further underlined by Baroness Ashton at Committee stage of the Children Bill in May 2004: Noble Lords can rest assured that the wording of the Bill covers all children. There are no exceptions; noble Lords would not wish it otherwise, and neither would I. 3 We are therefore disappointed at two recent pieces of legislation which appear to be contrary to this point of view. Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 introduces a new category of people to whom support may cease at the end of an unsuccessful claim for asylum and appeals associated with it. For the first time, families could be faced with the possibility of having their children supported in the public care system as a result of destitution. It has widely been commented that this proposal is inconsistent with the Children Act 1989, which has as one of its underlying principles the position that every effort should be made to preserve the child s home and family links. Clause 11 (Arrangements to Promote and Safeguard the Welfare of Children) of the Children Bill places a new duty on a list of agencies to have regard to the need to safeguard and promote the welfare of children. That this clause may be placed on the statute is a testament to the wide ranging reform proposed by the government in Every Child Matters. The Refugee Council is therefore mystified at the continued resistance to place the same duty on the National Asylum Support Service, centre managers of immigration removal centres and immigration officers at the port of entry. 3 Hansard House of Lords, Vol.660 No. 77, 4 May 2004, Col. 1086. 3
Recommendations 8. Guidance for practitioners on the implementation of Section 9 of the Asylum and Immigration (Treatment of Claimants) Act 2004 must be consistent with the principles of the Children Act 1989. 9. Ministers must as a matter of urgency address the anomalies between legislation aimed at improving the welfare and safety of children and the tighter controls on immigration which may have harmful effects on children. Children and families in detention 10. The Refugee Council is opposed to the detention of asylum-seeking children. There are no circumstances where detention is in a child s best interests and alternatives must always be sought. We are particularly concerned at the increasing number of children detained and of the insufficiently robust safeguards to ensure that the harm caused to such children is minimised. Her Majesty s Inspector of Prisons has, in several recent reports which looked into centres holding children, made some important recommendations related to the welfare of children. 4 The Home Affairs Select Committee has also expressed concern with the way in which children are detained. 5 It is very important that those responsible for the safety and welfare of children are aware of these concerns and take action to ensure that such recommendations are implemented. Recommendations 11. Alternatives to detention should be established so that children seeking asylum are not detained. 12. Government policies and practice concerning the detention of children must be reviewed to ensure that the harm to children is kept to an absolute minimum. Discussions on implementing the recommendations of HMIP reports must include social care professionals. 4 HMIP report on Dungavel August 2003 and HMIP report on Oakington November 2004. 5 Home Affairs Select Committee, Asylum Applications, Second Report 2003-04, para 220. 4
Organisational and information overhaul 13. Every Child Matters made important recommendations on access to services and information-sharing by agencies, with the intention of improving the experiences of children involved with at least one statutory agency. These proposals have been the subject of much discussion, which it is not our intention to duplicate here. However, it should be noted that even within the proposed improved systems, there will be children who will continue to miss out on the services designed for them. It is vital therefore that the committee understands these difficulties: There are, at any one time, a substantial number of refugee and asylum seeking children without a school place 6. In addition to those children unable to attend school as they are held in detention, many children living in the community are unable to access a school place. It is, therefore, important that services designed to support children in a more meaningful way are not denied them on the grounds that they cannot access a school place. Similarly, the proposals for information sharing rely on a child being known to a statutory agency. In addition to those mentioned above, there are children not cared for by an adult who are not seen by social services. 7 There are a number of reasons for this, some related to social services referral and assessment processes. However, the Refugee Council has specific concerns about aspects of policy and practice by the Immigration and Nationality Directorate that have serious implications for the safety of children. An unaccompanied child is defined by the Home Office s Immigration and Nationality Directorate as a child making a claim for asylum who has no adult relative or guardian to turn to in this country. IND does not consider a child to be unaccompanied if he or she is being cared for by an adult prepared to take responsibility for them. 8 This excludes some of the children in greatest need; children brought into the country by an adult who does not intend to care for them but rather has plans to exploit them. Current practice is to refer unaccompanied children to social services with no follow up, or to allow children to leave the Asylum Screening Unit with no address recorded on file. Concerns about those children who lose touch with the IND have been expressed to the Refugee Council by the directorate itself, however, this practice continues. 6 Working with Refugee Children, the Joseph Rowntree Foundation, 2003. 7 A Case for Change: How Refugee Children in England are Missing Out. Refugee Council, Save the Children, the Children s Society, June 2002. 8 Home Office (IND). Information note: Unaccompanied Asylum Seeking Children, July 2002. 5
Children held in detention or housed in the proposed accommodation centres, are not part of a wider community. The protection afforded to other children through attendance at school and contact with other members of that community will not available to these children. It is imperative therefore that the safety and welfare of these children is given particular attention. Recommendations 14. Design of wrap around services at a local level needs to be flexible enough to encourage take up within the most marginalised groups in society. Guidance should be issued at a national level to ensure that this happens. 15. Children seeking asylum, whether with family members or alone, should be tracked by those first in contact with them, to ensure that they are safe. If the Immigration Service is the first point of contact it must remain responsible for the safety of that child until s/he has been seen by social services staff. Support for unaccompanied asylum-seeking children 16. Every Child Matters rightly draws attention to those children who arrive in this country to seek asylum, unaccompanied by a parent or usual carer. They are described as some of the children in greatest need. The work of the Refugee Council s Children s Panel is referred to and its limited capacity acknowledged. The Green Paper invited suggestions on how to build on this work and provide a more comprehensive and consistent support for these children and young people. 17. The Refugee Council believes that the most comprehensive support would be provided through the appointment of a guardian. This role would be distinctive from and far exceed that which the Refugee Council is currently resourced to undertake, and it would still be necessary for the Children s Panel to continue to help children through the asylum system in addition to assisting their access to necessary services. 18. The role of a guardian would be a legal one, exercising parental responsibility for a child whilst their parents are unable to do this, and ensuring that all parties involved with the child seek the best possible solution to the crisis facing them. In addition, the guardian would fulfil the role played by a CAFCASS guardian in child welfare proceedings including instructing a legal adviser for young children and representing a balanced view, including that of the child, to all parties. This extra role helping to protect unaccompanied children will of course necessitate significant additional resources by government. 19. The appointment of guardians for children is of course, a matter requiring much deliberation and discussion and should not be taken lightly. There are 6
many models and considerations to analyse. We live in a world where children are at risk of exploitation from those they know and those they don t. For these children and young people, a legal guardian may at least give them the same chance of safety as the rest of the children here in the UK. Recommendation 20. An independent body should be appointed by government to provide a guardianship service. A child arriving in the country without a parent or legal guardian should be appointed a guardian for the time that they are in the UK. Workforce reform 21. The Refugee Council has much involvement with the statutory services working with refugee children. There is some excellent work being conducted by professional staff in sometimes extremely difficult circumstances. However, many professionals identify refugee issues as an important area not currently addressed in core training. Social work with asylum-seeking and refugee children is becoming an increasingly challenging and specialist role. New issues are emerging that require a skilled response such as age assessment and responding to the needs of young people trafficked for exploitation. 22. Every Child Matters rightly identifies a need for training those staff who have a role in delivering services to children. For those who deal with refugee children it is important that they are adequately trained to address the specific needs of this group, whether their role is in emotional or social support, assessment, education or immigration control. Recommendations 23. All professional staff coming into contact with asylum-seeking children should receive basic training on the issues affecting this group. 24. Social Work training courses should include modules on working with asylum seekers and refugees as part of the core training. Further information 25. The Refugee Council is happy to expand upon any areas of this submission in written or oral form. Refugee Council November 2004 7