Care of unaccompanied migrant children and child victims of modern slavery. Checklist for Social Workers and IROs to ensure compliance with updated statutory guidance for local authorities issued in November 2017 Context Unaccompanied migrant children and child victims of modern slavery can be some of the most vulnerable children in the country. They are typically alone, in an unfamiliar country, and may be surrounded by people unable to speak their first language. They may have experienced exploitation, abuse and trauma in their country of birth, on their journey to the UK or in the UK. Unaccompanied children are likely to be unaware of their rights and whom they can trust. They are at increased risk of going missing. The guidance confirms the duty placed on local authorities to protect and support these highly vulnerable children, noting that they will often have complex needs in addition to those faced by looked after children more generally. The checklist reflects the guidance. It should be carefully considered and implemented by social workers, team managers and IROs throughout the Looked After Children planning process, and reflected accordingly on the child s records. Legal Advice and awareness 1. Is the YP accessing specialist asylum and/or immigration legal advice and representation? The legal advice must be provided by a registered immigration adviser (Wolverhampton Refugee Council is a key contact for this). The Care Plan should note that specialist legal support is required and how it will be provided The child s Social Worker should ensure that the child is accompanied in all meetings with legal professionals (the supporter can be a safe adult other than the social worker). Social workers to ensure that interpreters are present at these legal meetings and that the child is aware of what is going on and is empowered to ask questions and seek clarification on all issues regarding his legal position. 2. Has the Social worker fully considered the wider child protections system around child victims of modern slavery, including how and when to refer a child to the National Referred Mechanism? Risks may increase or decrease at any time risk assessment is an on-going process. Risk assessments to be completed for all potential victims of modern slavery and NRM referral to be completed. Forms at https://www.gov.uk/government/publications/human-trafficking-victims-referraland-assessment-forms
Social workers to work closely with UKBA case owners to ensure that they are aware of their safeguarding responsibilities under Section 55 of the Borders, Citizenship and Nationality Act 2009. Likewise UKVI may request information in order to fulfil their safeguarding responsibilities e.g. when considering removal. 3. Has the IRO given full regard to the child s needs as a UASC or Child Victim of modern slavery? The IRO will need an awareness of the particular needs and issues these children may present with, so that appropriate challenge can be provided at review. Health Assessment 4. Does the health plan address any particular physical, psychological or emotional impact of experiences as an unaccompanied child or child victim of slavery? These can be severe and traumatic, and may surface much later. Referral for psychological or mental health support may be needed. Has the young person been screened for infections? The health plan should cover all aspects of health including physical, sexual, emotional and mental health. Considering transcultural counselling. Educational Assessment 5. Has the Social Worker/IRO considered the child s specific needs? Some unaccompanied children may have never had access to education before. They may need a period of time to acclimatise to formal education. Cultural orientation and life skills work may be needed. Virtual school to work closely with the social worker and school to ensure that the child s educational needs are fully addressed when the child has started school. Learning English will be essential to enable the child to communicate. The plan should include a clear educational pathway for securing high quality education provision and details of any particular support required e.g. where the child has a special educational need. Family reunification 6. The same duties apply as to all Looked After Children in terms of: returning the child to their family where this is safely possible promoting contact between the child and their parents/family where this is safe and reasonably practicable
Has permanence planning considered family tracing and reunification? Social Worker and IRO need to be mindful that this requires sensitive handling and will not always be possible. 7. Has the child been informed of the family tracing services which they may be able to access through the British Red Cross? This will not be appropriate in all cases, e.g. where the child has expressed a fear of certain family members or where the child became distressed at the idea of contact with the family 8. Where potential reunification is being considered, has a detailed family assessment been carried out, considering risks? Protection Planning 9. Is a child protection plan required? Is MASE planning required? An unaccompanied child or victim of modern slavery may be at risk of going missing and exploitation. 10. Does the care plan include what steps will be taken by the Local Authority, carers and police to reduce the risk of the child going missing and to recover the child if they go missing? 11. Is the child in safe and suitable accommodation? 12. Are photographs of the child on file for use if they go missing? (Face, full body length, distinguishing features) 13. Has the child been asked what would help them to feel safe? 14. Are steps being taken to build a stable, trusting relationship between Social Worker and child? This will be important in planning for their protection, in understanding their experience and reducing risks of going missing. A negative asylum or immigration decisions may heighten risks of going missing, and will need to be handled sensitively. 15. Have placement decisions taken into account the need to protect the child from exploitation and the risks of going missing? Transfer to an out of area placement/another Local Authority may be appropriate to put distance between the child and traffickers. Each placement decision should be based on the needs of the individual child considering: whether or not they have been trafficked; their experiences during their journey to the UK; culture, age, sex and personality; their sense of personal autonomy and ability to live
independently; their sense of safety and ideas on what will make them feel safe. 16. A high support placement may be beneficial initially with the child moving to a lower support setting when they are ready. Is the placement the most appropriate available? Review, advocacy 17. A child s needs will change over time, including the need for protection. Has this been considered by social worker and IRO? 18. Independent advocacy support can be particularly beneficial for unaccompanied children and victims of modern slavery, not just for making a complaint but for representations about care and support. Has the IRO discussed and promoted this with the child? 19. An Independent visitor can support an unaccompanied child who may be a long way from home and family and can feel isolated from peers. Has the IRO discussed this with the child? If the child declines this then reasons for doing so should be recorded. 20. Has the child and his/her carer been signposted to the Refugee Council Children s Panel Advice Service which offer advice and information? see website: https://www.refugeecouncil.org.uk/what_we_do/childrens_services/ Planning Transition to adulthood 21. Does the LAC Review of the Pathway Plan thoroughly address issues relating to immigration status? Does it consider the advice and support the child will need to engage in a timely and effective way with the process for resolving their status? 22. For former unaccompanied children, does the transition plan cover the challenges and issues facing any care leaver, such as education or preparing for independent living? 23. For children and young adults who have been granted refugee status or humanitarian protection, does the Pathway Plan consider when they may be required to make a further application for leave to remain?
24. Does the Pathway Plan consider language and cultural factors? Unaccompanied children can be at particular risk of becoming isolated when leaving care. 25. Has a Personal Adviser been appointed? This is a requirement for all unaccompanied children who qualify for leaving care support. Immigration Status and Transition Planning 26. Does the Pathway Plan reflect where the child is in this asylum process in terms of the four main possible outcomes? Granted Refugee Status (i.e. granted asylum), with limited leave to remain for five years, after which time they can normally apply for settlement (i.e. indefinite leave to remain) Refused asylum but granted humanitarian protection, with limited leave to remain for five years, after which time they can normally apply for settlement. It is very likely that those granted refugee status or humanitarian protection will qualify for indefinite leave to remain, so care and pathway planning should primarily focus on their long-term future in the UK, in the same way as for any other care leaver. Refused asylum but granted Unaccompanied Asylum Seeking Child (UASC) Leave. This is normally for 30 months or until the age of 17 and a half, whichever is the shorter period. It is a form of temporary leave to remain and is not a route to settlement. It is important to note that this decision is a refusal of the child s asylum claim and will attract a right of appeal. In such cases, Care and Pathway Plans must consider the possibility that the child may have to return to their home country once their UASC Leave expires or that they may become legally resident in the UK longterm (if a subsequent application or appeal is successful). Planning should also cover the possibility that they reach the age of 18 with an outstanding application or appeal and are entitled to remain in the UK until its outcome is known. Please note that children that have been refused asylum and have been granted UASC leave may wish to appeal the decision and need to be supported to do so even if they have been granted UASC leave. Refused asylum and granted no leave to remain. In this case the unaccompanied minor is expected to return to their home country and their Care Plan should address the relevant actions and support required. Children,
will however, be able to remain as long as their appeal rights have not been exhausted and should continue to be supported if they wish to appeal. Considering these main four possible outcomes: 27. Does the Pathway Plan consider the implications for the child if their asylum claim is refused without a grant of leave, if their application to extend their leave is refused or if appeal against a refusal is dismissed? In such circumstances, the person will become unlawfully present in the UK and be expected to make plans for a return to their home country. 28. Where entitlement to remain is still being determined does the plan identify short-term achievable goals? 29. Where an immigration decision has not been decided, does the transition plan reflect all relevant potential outcomes to be refined over time as the status is resolved? 30. Where relevant, does the plan address how the young person will be prepared for a return to their home country, or the possibility of this, when they are 18? There is a need to inform the young person of voluntary return options through the Home Office and provide them details of the number: Voluntary returns service Telephone: 0300 004 0202 Monday to Friday, 9am to 5:30pm 31. Where the care leaver s immigration status remains unresolved, Pathway Plans should consider the implications if the outstanding application or appeal is refused. A Human Rights Assessment will be required: this will decide whether the care leaver ceases to be eligible for care leaver support under the restrictions on Local Authority support for adults without immigration status. Where this is likely to be required, does the Pathway Plan timetable the HRA, to be carried out by the allocated Social Worker prior to the 18 th birthday?