Memorandum submitted by the Refugee Council
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.[67]
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".[68]
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 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 and that 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."[69]
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 introduces a new category of
person 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, 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.
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
into centres holding children, made some important recommendations
related to the welfare of children.[70]
The Home Affairs Select Committee has also expressed concern with
the way in which children are detained.[71]
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.
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[72].
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.[73]
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".[74]
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.
— 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 CHILDREN
SEEKING ASYLUM
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 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 unaccompanied by 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
eg 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.
November 2004
67 http://www.refugeecouncil.org.uk/publications/pub007.htm#child_matters. Back
68
Every Child Matters; Introduction by the Chief Secretary
to the Treasury. Back
69
Hansard House of Lords, Vol 660 No 77, 4 May 2004, Col 1086. Back
70
HMIP report on Dungavel August 2003 and HMIP report on Oakington
November 2004. Back
71
Home Affairs Select Committee, "Asylum Applications"
Second Report 2003-04; para 220. Back
72
Working with Refugee Children (The Joseph Rowntree Foundation)
2003. Back
73
A Case for Change; How Refugee Children in England are Missing
Out (Refugee Council, Save the Children, The Children's Society)
June 2002. Back
74
Home Office (IND) Information note; Unaccompanied Asylum Seeking
Children, July 2002. Back
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