Supporting Unaccompanied Asylum Seeking Children (UASC)

Similar documents
Rethinking social policy for asylum seeking care leavers. A contribution to the Commons debate on the Children and Social Work Bill

Consultation on proposals for the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber) fees

Department for Education guidance Care of unaccompanied migrant children and child victims of modern slavery Consultation Response, March 2017

Open Report on behalf of Debbie Barnes, Executive Director of Children's Services

Consultation on the revised statutory guidance for local authorities on the care of unaccompanied asylum seeking and trafficked children

Children s Services Committee

Care of unaccompanied migrant children and child victims of modern slavery.

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

Local Authority obligations to people with No Recourse to Public Funds (NRPF) Olvia Fellas Team Manager

ADCS and LGA response to Home Office UASC Funding Review

See Rantsev v Cyprus and Russia, (Application no /04), European Court of Human Rights.

Department of Health consultation on the Care Act 2014

Mapping unaccompanied asylum seeking children in England. Rachel Humphris and Nando Sigona

Assessment and Support of Post 18 UASC s listed as Appeal Rights Exhausted

The EU refugee crisis and implications for the UK. Pip Tyler 27 February 2016

Assessing and supporting adults who have no recourse to public funds (NRPF) (England) Practice guidance for local authorities

Children coming to the UK voluntarily because they think they can get a better life

The Immigration Act and Asylum Support

The Liberal Democrats: a Blueprint on Unaccompanied Asylum Seeking Children. Coram Children s Legal Centre s response, March 2016

NRPF Network Briefing

NRPF Connect User Guide A Detailed Guide to Recording Immigration Status on NRPF Connect

Reforming support for failed asylum seekers and other illegal migrants

Asylum Support for dependants

Quarterly asylum statistics August 2017

Quarterly asylum statistics December 2016

COSLA Response to the Scottish Parliament Equalities and Human Rights Committee on Destitution, Asylum and Insecure Immigration Status in Scotland

The Project. Why is there a need for this service?

Getting it Right for Separated & Unaccompanied Children in Scotland. Andy Sirel, JustRight Scotland 30 November 2017

NRPF Bulletin. Inside this issue. Contents

Rights of EU nationals after Brexit: concerns, questions and recommendations

The Refugee Council s submission to the Education and Skills Committee inquiry into Every Child Matters

Summary of Key Points

Work & Pensions Committee: Victims of Modern Slavery Inquiry

Before: MR. JUSTICE LAVENDER Between : The Queen on the application of. - and. London Borough of Croydon

Quarterly asylum statistics November 2017

Families with No Recourse to Public Funds

Croydon Immigration and Asylum Support Service (IASS)

NATIONAL STRATEGIES AND POLICIES UK & NORTHERN IRELAND

Guidance: Implementation of section 67 of the Immigration Act 2016 in France. Version 2.0

Summary of Key Points

Quarterly asylum statistics November 2018

March General remarks

REFUGEE FREQUENTLY ASKED QUESTIONS

An insecure immigration status

DOMESTIC ABUSE VICTIMS WITH NO RECOURSE TO PUBLIC FUNDS PRACTICE GUIDANCE OXFORDSHIRE

WHAT THE UNITED KINGDOM CAN DO TO ENSURE RESPECT FOR THE BEST INTERESTS OF UNACCOMPANIED AND SEPARATED CHILDREN

Quarterly asylum statistics February 2019

Welsh Action for Refugees: briefing for Assembly Members. The Welsh Refugee Coalition. Wales: Nation of Sanctuary. The Refugee Crisis

1. Scottish Women s Aid

Refugee Council Briefing on the Queen s Speech 2017

Information. Children in the Asylum System February The asylum statistics are published quarterly by the Home Office.

Consultation Paper for a Blueprint on Unaccompanied Asylum Seeking Children

Draft Refugee and Asylum Seeker Delivery Plan. Section 1 Health and Social Services. Mental Health. Actions to achieve priority

No Recourse to Public Funds: Financial Implications for Local Authorities

People. No Recourse to Public Funds (NRPF) Policy and Procedure

THE STRATEGIC LEGAL FUND FOR REFUGEE CHILDREN & YOUNG PEOPLE

Guidance for Staff in Children s Social Care working with unaccompanied asylum seeking children

Briefing note: The right to rent scheme and asylum support

Housing Allocation and Homelessness. Liz Davies, barrister Garden Court Chambers 16 April 2015

BETTER OUTCOMES: THE WAY FORWARD IMPROVING THE CARE OF UNACCOMPANIED ASYLUM SEEKING CHILDREN. January 2008

International Organization for Migration Review of the National Referral Mechanism Written Evidence Submission to the Review Team September 2014

NO RECOURSE TO PUBLIC FUNDS GUIDANCE AND PROCESS

Children s Services Committee

Key pressures on local authority NRPF service provision

Refugee Inclusion Strategy. Action Plan

Destitution of Young Refugees in the UK Aoife O Higgins Oxford Monitor of Forced Migration Volume 1, Number 2, The online version of this

Making Asylum Work for Women Our recommendations for a fair asylum system

Unaccompanied Asylum Seeking Children (Kingston Processes)

Unaccompanied Asylum Seeking Children Contents 1. Definitions 2. Policy 3. Legal Framework Assessment Support Arrangements Leaving Care Definitions

JCHR: Inquiry into the human rights of unaccompanied migrant children

East of England Unaccompanied Asylum Seeking Children (UASC) Safeguarding Protocol

Second evaluation round. Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings CP(2017)33

Background Briefing. Asylum destitution. Glasgow City Council Meeting 28 June Councilor Susan Aitken:

Six key actions for Northern Ireland to respond to the needs of asylum seekers

Human Rights of unaccompanied migrant children and young people in the UK

Belonging begins at home : Housing, social inclusion and health and wellbeing for people from refugee and asylum seeking backgrounds

Refuge and Asylum.indd 1

East of England Unaccompanied Asylum Seeking Children (UASC) Safeguarding Protocol

Victims of Domestic Violence with No Recourse to Public Funds

Submission to the APPG on Refugees inquiry Refugees Welcome?

Migrant terms and definitions. International Organisation of Migration Group and Sub-Group Terms. IOM Migrant groups term 1

EFFECTIVE ACTION SUPPORTING PEOPLE WITH NO RECOURSE TO PUBLIC FUNDS (NRPF) A GUIDE FOR HOMELESSNESS SERVICES

Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION

THE IMMIGRATION ACT 2016

Consultation Response

Breach of Human Rights and S4

TAKING THE RIGHTS STEPS Children s Rights: Wales and the World. Separated Children Seeking Sanctuary in Wales Swansea University, 11/12 th June 2012

Safeguarding Children Who May Have Been Trafficked

Asylum statistics APPLICATIONS: Sep Applications by nationality:

ACHIEVING A DURABLE SOLUTION FOR TRAFFICKED CHILDREN

CCLC s Migrant Children s Project

Sanctuary Scholarship

State of Children s Rights in England Briefing 5. Immigration, Asylum and Trafficking

Unaccompanied Asylum Seeking Children. Policy and Procedure

Clause 37 and Schedule 8 of the Immigration Bill on Support for Certain Categories of Migrant

Research into how No Recourse to Public Funds status affects those experiencing gender based violence, domestic abuse and sexual violence in Wales

BALI DECLARATION ON PEOPLE SMUGGLING, TRAFFICKING IN PERSONS AND RELATED TRANSNATIONAL CRIME

Immigration Act 2014 implementation as at September 2014 Guidance from the Race Equality Foundation and Equanomics-UK

Discretionary leave considerations for victims of modern slavery. Version 2.0

Guidance for local authorities: Assessing and supporting victims of domestic violence who are from abroad and have no recourse to public funds (NRPF)

Transcription:

The Association of Directors of Children s Services Ltd #adcsconf16 Supporting Unaccompanied Asylum Seeking Children (UASC) ADCS Annual Conference 2016

The Association of Directors of Children s Services Ltd Welcome Paul Greenhalgh, Chair of the ADCS Asylum Taskforce and DCS Croydon London Borough Council ADCS Annual Conference 2016

Implications of the Immigration Act 2016 for the local authority role relating to children Catherine Houlcroft 7 July 2016

Current position - local authority support for migrants with NRPF Duties under general safeguarding responsibilities for: Families s17 Children Act 1989 Care leavers leaving care provisions Children Act 1989 up to 21/25 years Adults the Care Act 2014 Immigration exclusions to support -Schedule 3 Nationality, Immigration & Asylum Act 2002: Parents/ young person without current immigration permission & EEA nationals - can they return to country of origin? LA must carry out human rights assessment

Immigration Act 2016 Government aim: reduce illegal immigration and take a tougher approach to those who should no longer be here Home Office asylum support will stop for refused asylum seeking families- only available in very limited circs. New statutory schemes for local authority support for: Destitute families with no immigration status or single parents with a British child (Zambrano families) Care leavers with no immigration status These groups cannot be provided with accommodation/ financial support under the Children Act 1989

Key changes local authority support Local authority will only be able to provide accommodation/ financial support when eligible under new scheme (para 10A/10B) Eligibility criteria = destitution + immigration status or safety net provision - will not require local authority to support when family/young person can return to country of origin Children will still be able to receive support under section 17 for additional needs, e.g. disability Young person can be referred to Home Office if eligible for support for refused asylum seekers

What will the impact be for local authorities? Statutory guidance/regulations = consistency? Simpler assessment criteria? No human rights assessment to refuse/ withdraw support Two parallel systems of support (Children Act + 10A/10B) Refused asylum seeking families = new client group All risk held by local authorities if people don t return: More referrals? Impact of destitution on communities/ safeguarding? Displacement of need?

What is required for this to work? Central government: Engagement in grace period following ARE date Continued consultation with local authorities Ancillary benefits to be linked to local authority support New burdens assessment

What is required for this to work? Local authority: Organise current NRPF services Establish good partnership working with Home Office Resolution of immigration status of all looked after children (UASC or other migrant child) before they become adults - see LGO report on LB Greenwich Ensure staff are informed and trained impact of immigration status ingrained in pathway planning limited options may make this clearer

NRPF Network services & contact details NRPF Network hosted by LB Islington Free services - news bulletins, practice guidance, regional NRPF meetings, policy work and more Chargeable services training for local authorities; NRPF Connect database Two staff - based in London and Manchester Website: www.nrpfnetwork.org.uk Email: catherine.houlcroft@islington.gov.uk Tel: 020 7527 7121

Immigration Act 2016 detail of support options for families and care leavers (18+) with no immigration status

Immigration Act 2016 Home Office asylum support will be stopped: s.95 - refused families after 90 days grace period s.95 - refused singles after 21 days grace period s.4 - abolished New s.95a Home Office support for refused asylum seekers: Must show a genuine obstacle to leaving the UK Only available during grace period New statutory schemes for local authority support for: destitute families & care leavers with no immigration status - will not be able to receive accommodation/ financial support under Children Act 1989

- I Support options for families with no status Immigration Act 2016 Provider Legislation Criteria Home Office Section 95 asylum seekers Home Office Section 95A refused asylum seekers Local authority Paragraph 10A Schedule 3 families with no status Pending further submissions (fresh asylum claim) or JR action relating to asylum Genuine obstacle to leaving the UK established within 90 days of ARE date Pending non-asylum human rights application or appeal OR ARE and co-operating with return OR support necessary to safeguard & promote the welfare of a dependant child

Care leavers with no status exclusions from support Children Act 1989 Type of leaving care support Now Excluded? Immigration Act 2016 23C Assistance incl. accommodation Yes Yes 23CA Assistance to pursue further education/ training up to 25 yrs Yes Yes 23CZA Staying put with foster carers No Yes 23D Appointment of a personal adviser No Yes 24A Advice and assistance Yes Yes 24B Assistance to pursue further education and training up to 25 yrs Yes Yes

Support options for care leavers with no status Immigration Act Provider Legislation Criteria Home Office Section 95A refused asylum seekers Genuine obstacle to leaving the UK established within 90 days of ARE date - I Local authority Local authority Paragraph 10B Schedule 3 care leavers with no status Care Act 2014 Pending non-asylum human rights application or appeal OR ARE & local authority satisfied that support needs to be provided Eligible care and support needs subject to a human rights assessment

Immigration Act 2016 what will not change No change to responsibilities towards supporting separated migrant children/ UASCs Accommodation/ financial support still provided under Children Act 1989 to: Young person/ family with leave to remain EEA nationals subject to human rights assessment Care leavers who are still seeking asylum post-18 Care leavers making their first non-asylum application for leave to remain Your person/ family receiving support prior to implementation date

For more information see NRPF Network factsheets Immigration Bill 2015-16: local authority support for families (England) http://www.nrpfnetwork.org.uk/documents/immigrationbill-families.pdf Immigration Bill 2015-16: local authority support for care leavers with no immigration status (England) http://www.nrpfnetwork.org.uk/documents/immigrationbill-careleavers.pdf Immigration Bill 2015-16: funding higher education for migrant care leavers (England) http://www.nrpfnetwork.org.uk/documents/immigrationbill-education.pdf

Immigration Act 2016 detail of support options for families and care leavers (18+) with no immigration status

Unaccompanied Asylum Seeking and Refugee Children ADCS Manchester 7 th July 2016

Context 3,043 UASC claimed in the UK in 2015 9% of all asylum claims were from UASC 56% increase on 2014 numbers 900 UASC in Kent County Council s care 3,000 The UK will resettle up to 3,000 individuals at risk IA2016 The Government must resettle a specified number of unaccompanied refugee children from Europe 20

Who are our UASC cohort? 62% aged 16 or 17 Eritrea was the top nationality, followed by Afghanistan and Albania 275 female UASC in 2015 66% of initial decisions taken last year were grants of some form of leave Nearly all of UASC under 16 are fostered. For UASC aged 16-17 half are placed in semi-independent living arrangements, and half are fostered. 21

Legislative framework: Four key provisions in the Immigration Bill 1. Transfer of legal responsibility from one local authority to another 2. Duty on local authority to provide information about available services 3. Obligation on local authority to set out in writing reasons for not supporting transfer of children 4. Duty to accept the transfer of relevant children under a mandatory scheme All provisions relate exclusively to England and were commenced on 31 May 2016. 22

Principles underpinning UASC transfer 1) Fair, equitable and transparent 2) Voluntary and locally-led 3) Distribution based on a proportion of the total child population (up to a maximum of 0.07%) 4) Building on existing structures and regional models with a phased introduction 5) Pooling knowledge and resources. Joining up with, and recognising existing commitments (eg adult dispersal and Syrian VPR) 23

Next Steps We have set up central and regional teams to support the transfer process Agreeing and implementing regional structures to support the scheme Delivered a July roll out but phased and progressive Interim protocol published on gov.uk 24

Looking After Unaccompanied Asylum Seeking Children Ian Lewis Director, Early Intervention and Children s Social Care London Borough of Croydon

Introduction Gateway Authority due to presence of UKVI in Croydon All Unaccompanied Asylum Seeking Children who present are referred to Croydon as Children in Need in our area Duty Service based in Lunar House Dedicated Duty Team based within Croydon Children s Social Care Fewer UASC than Kent but the only Local Authority where UASC are now the majority of CLA.

London Protocol Distribution of children aged 16 and 17 at presentation Voluntary agreement by all London authorities Children are looked after by new authority on day of presentation - 468 distributed in 15-16 (14 per LA) Adds to Croydon s unique profile as the majority of our UASC are presenting as 15 and under 220 in 15-16 Current local CLA population of c390 UASC population of c445. Rise of 8% in year 2015-16 Main countries: Albania (213) (56 in 15-16) Afghanistan (78)- (56 in 15-16) Eritrea (40)- (19 in 15-16).

Initial Assessment Single Social Work Assessment Consideration of Age Assessment Age assessments are either taken by the receiving authority or Croydon after initial screening Vital that social work staff have appropriate training Possible referral to National Review Mechanism re Trafficking/ Risks of CSE

Placements Due to our current age profile, all initial placements are in foster care We use a combination of in-house and IFA provision 145 in-house and 244 IFA. For some providers UASC becomes their placement of choice and caution is required 55 currently in SIA lower than Home Office financial assumptions.

Education Past experience of many school breakdowns Established internal assessment period through Virtual School Many children have little experience of formal education need orientation Language skills Some schools more positive than others age assessments Out of Borough placements children out of school Commissioned placements through local colleges.

Health Initial Health Assessment Arrangements commissioned directly from local authority No health information available from young people Emotional Health PTSD, isolation, anxiety Voluntary providers have been more effective than statutory CAMHS.

Leaving Care Around 400 Care Leavers Large Care Leaver population places pressure on accommodation Variable wishes for the future cultural differences Immigration status has a number of impacts tenancies, right to work, anxiety and instability, possibility of financial exploitation NRPF will be affected by Immigration Act.

Other Issues Cultural assimilation important role of voluntary sector Missing children, including young people who disappear altogether Child Sexual Exploitation Gangs and youth offending Impact on performance indicators Partnership management is important.

Conclusion These are children who require good quality care and support They need some specific services but many existing services are the right ones Good planning can mitigate issues Need to work closely with partners and with politicians.

The Association of Directors of Children s Services Ltd Concluding remarks Chris Spencer, Corporate Director of People Services, Harrow London Borough Council and ADCS lead on national transfer of UASC ADCS Annual Conference 2016

The Association of Directors of Children s Services Ltd Questions? Have you considered joining the ADCS Families, Communities and Young People Policy Committee or the Asylum Taskforce? Visit www.adcs.org.uk/committees for further details. ADCS Annual Conference 2016