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Contents

1.	Assessment of Need
2.	Clarification of Immigration Status
3.	Assessment
4.	Age Determination
5.	Child Trafficking
6.	Under 16's
7.	Over 16's
	7.1	Care Planning
	7.2	Education and Training
	7.3	Employment
	7.4	Financial Advice
	7.5	Travel
8.	Useful Telephone Numbers and Addresses

1. Assessment of Need

The Framework for the Assessment of Children in Need and their Families should be used for all Child and Family Assessment and appropriate translation services should be used when necessary.

At the point of an initial interview, the following must be obtained:

• Given name / family name;
• Country of origin;
• Date of birth;
• Home language;
• Religion;
• Route into UK (ask questions such as ‘where did you sleep last night; who did you travel with?)
• Details of any family or friends either in UK or with whom travelled;
• Any documentation to support information;
• A copy of all immigration papers and other documentation must be taken;
• The named Case Owner/Liaison with the UK Border Agency.

In most cases a child is referred by Croydon Social Services via the Croydon Duty Rota to the Wandsworth Asylum Team who will place any young person aged 16+ in supported housing in specially commissioned properties pending further assessments from Children’s Specialist Services. The Asylum team will then make a referral to Children’s Specialist Services and should provide copies of all immigration papers and other relevant documents. Croydon Social Services have a special agreement with UKBA to offer services to all children under the age of 16 and will only refer children over the age of 16 via the Croydon Duty Rota.

If it becomes evident that a child has presented to any other authority prior to arriving in Wandsworth or if s/he is staying in the area of another local authority, that relevant authority must be contacted and the child returned to that area.

If the child is accompanied by, or has a letter from, a legal representative and they have not been to the UK Border Agency in Croydon then the representative must be asked to take the child to Lunar House in Croydon for him/her to be interviewed and registered as an UASC with the Home Office and to be placed on the London wide rota. The same applies if a child presents to a police station and is referred by the police to Children’s Specialist Services as an unaccompanied minor.

If it is established that the child is the responsibility of Children’s Specialist Services then the assessing Social Worker must pursue two parallel courses of action:

• Clarification of immigration status;
• Child and Family Assessment of need.

If a child over 16 presents directly to Children’s Specialist Services and is deemed eligible for services, s/he will be referred to the Housing Department for accommodation to be provided in the specially commissioned properties.

All children under the age of 16 will be placed with foster carers.

2. Clarification of Immigration Status

The child should be accompanied to the appropriate Border Agency reporting centre with a letter stating the address at which s/he can be reached and details of the responsible worker including contact numbers. Copies of all documents should be kept on the case record.

Any Border Agency documents should be marked with a borough stamp on both sides by the Social Worker. This indicates that the asylum seeker is supported and prevents a claim being made in a different local authority.

3. Assessment

All unaccompanied asylum seeking children aged under 16 must be accommodated under s20 of the Children Act 1989.

All unaccompanied asylum seeking children aged 16 and 17 should be offered services. As a result of the Hillingdon Judgement (2003) this should be under S20 if an assessment shows they are vulnerable, e.g. risk of abuse, prostitution, addiction to illegal substances, disabled or pregnant.

However, support under S17 may be provided if the unaccompanied asylum seeking child makes an informed decision that they require more semi-independent accommodation and S17 support is more suitable to their needs.

Assessment should have particular regard to:

• Vulnerability of the child due to separation from family/ friends / country of birth;
• Any factors regarding safety and being new to London;
• Any factors regarding mental and physical health.

4. Age Determination

The young person will have been asked their age prior to referral and deemed age disputed by the Border Agency if the young person’s appearance and demeanour strongly suggests that s/he is over 18 and there is no satisfactory documentary evidence to substantiate the claimed date of birth.

Also a young person could present as under 16 when they are clearly over this age but be considered under 18 and can be subject to an age assessment. All Age Assessments must be Merton Compliant. There are new guidelines for UKBA case owners to work in close co-operation with Social Services to assist in the process of completing Age Assessments. Assessing social workers should be able to contact the case owner for assistance with information relevant for the assessment (country of origin information, help with verification of documents, copy of finger print reports from other EU countries). Consent should be sought from the young person that information they provide in the Age Assessment may be shared with UKBA. Whilst a young person is assessed, accommodation and services under Section 17 Children Act are provided until his/her age has been determined.

If a young person is assessed to be over eighteen at point of referral, UKBA needs to informed of the outcome and the Wandsworth Asylum Team will refer the young person to the Refugee Council for further assistance as a single adult. Under new case law every case of age determination can potentially lead to Judicial Review and courts will now carry out their own fact-finding age assessment. Assessing social workers need to be aware that they can be cross-examined in court and have to defend their decisions in this case.

On occasions referrals for Age Assessments are made to Wandsworth Children’s Specialist Services by UKBA, Solicitors or other agencies for children who are accompanied asylum seeking minors. If there are no requests for other services and no safeguarding concerns arising, the local authority has no duty under the Children’s Act to complete an Age Assessment and should advise the child and the referring agency that the child’s immigration solicitor should commission an independent Age Assessment.

Care should be taken when making representation regarding a young person’s age:

• Cultural and social factors can make accurate age determination difficult;
• Some young people may not genuinely know their age;
• Those who have taken responsibility for themselves may have physical and emotional attributes associated with those of adults.

5. Child Trafficking

See Safeguarding Trafficked and Exploited Children Procedure, of the London Safeguarding Children Board Procedures.

In accordance with the requirements of the Council of Europe Convention on action against Trafficking in Human Beings, the UK has now a national referral mechanism for identifying and recording victims of trafficking. Professionals who come into contact with a child they suspect to be a victim of trafficking they need to act to support and protect this child from further harm. Practice guidance set out in the London Child Protection Procedures (London Safeguarding Children Board). If an unaccompanied minor is identified to potentially be a victim of trafficking, Wandsworth Children’s Services will act as the Local Competent Authority. A Trafficking Assessment (London Safeguarding Children Board, London Safeguarding Trafficked Children Toolkit 2011) needs to be completed. A referral of the child as a Potential Victim of Trafficking to the Central Competent Authority (UKBA in all cases of persons who are subject to immigration control) needs to be made and Section K of the Trafficking Assessment has to be sent with the referral. If a young person already has an allocated case owner at UKBA he/she will be the appropriate person to address the referral to.

6. Under 16's

See Decision to Look After and Children's Resources Panel Procedure in the Looked After Children module of these procedures.

7. Over 16's

7.1 Care Planning

All young people aged 16 and 17 are entitled to an assessment of their needs to establish:

• If their welfare is seriously prejudiced;
• Their need for accommodation;
• Their health, education and training needs;
• What needs arise from their asylum seeking process;
• Care planning needs to take into consideration a possible return of the young person to their country of origin;
• Young persons need to be informed about the possibility of a Voluntary and Assisted Return through IOM.

It may be decided after assessment and in conjunction with the young person that the young person’s needs could be met under S17 Children Act 1989.

If an unaccompanied asylum-seeking child has yet to receive a status s/he must be referred to the UK Border Agency (UKBA) Support Service before reaching the age of 18. In cases where the child has not been granted leave to remain on her/his 18th birthday and if s/he has not been looked after, the young person should be referred to the UKBA Asylum Support Service.

Young persons reaching 18 years with all appeal rights exhausted are no longer entitled to accommodation and subsistence, except under Section 4 of the Immigration Act, as they are classified as unlawfully present in the UK. The Social Worker needs to conduct a Human Rights assessment and depending upon the outcome of the assessment the young person will be either referred to UKBA for Sec. 4 support or provision of services to the young person will continue. If the young person has been looked after, s/he is entitled to a pathway plan and advice but accommodation and subsistence should be provided by UKBA under Sec.

7.2 Education and Training

Young people should be given options for post year 11 education and training, e.g.:

• Work in supportive environments;
• College;
• Training;
• Year 12/13 in school or college.

Young people given ‘refugee status’, ‘indefinite leave to remain’, ‘humanitarian protection’ or ‘discretionary leave to remain’, are entitled to work.

7.3 Employment

Unaccompanied asylum-seeking and refugee young people may be entitled to access employment training opportunities as would any other young person. This will be dependent on their immigration status.

7.4 Financial Advice

Legislation and guidance covering the management of financial support to asylum seekers is complex. There are costs that can be claimed back through the grant claim process each year and the recording of payments is critical to the accuracy of that claim.

Children under 16 and those 16 or 17, who are provided with accommodation under Section 20, will be entitled to allowances as agreed within these services. Clothing, food, travel and education and social costs will be met to an agreed limit. Any additional funding will be negotiated on a case by case basis.

It may be possible to access funding through schools, community groups and charities for specific items.

A young person aged 16 or 17 who has previously been looked after and is living in independent or supported accommodation will be entitled to an allowance based on the current Income Support rates for 18-24 year olds.

A small number of young people aged 16 or 17 who are not looked after but receive a positive decision on their asylum claim will be eligible for state benefits, including Income Support and Housing Benefit.

7.5 Travel

Travel costs for attending both major and minor interviews at the appropriate Home Office Reporting Centre are reclaimable by the Asylum Team from UKBA.

Costs of travel to see solicitors are not reclaimable. The young person can claim these costs from their solicitor under funding from the Legal Services Commission.

Young people under 16 should always be accompanied on their major and minor interviews. Solicitors can claim for attending the major interview from the Legal Services Commission.

It may be possible for someone from the Refugee Council Children’s Panel, to accompany the young person on their interviews. If this is not possible a young person’s key worker should attend the interview with the young person, their solicitor can arrange a representative.

Children’s Service staff or representatives should not get involved with the asylum claim

and;

It is a Home Office responsibility to arrange interpretation and translation services

8. Useful Telephone Numbers and Addresses

UK Border Agency Asylum Support Service

3rd Floor Voyager House 30 Wellesley Rd, Croydon, Surrey CR0 2AD Tel: 08456 021739

Border and Immigration Agency

Tel: 0845 6021739

Refugee Council Information Service (Includes Children’s Panel)

240-250 Ferndale Road, London SW9 8BB Tel: 020 7346 6700

Children and Families Across Borders

Canterbury Court, Unit 1.03, 1-3 1 - 3 Brixton Road, London SW9 6DE, Tel: 020 7735 8941

British Red Cross, Refugee Services (Family Tracing)

Aztec Row 5 Berners Road, Angel, London, N 1 0PW, Tel: 020 7704 5670

IOM (International Organisation for Migration)

21 Westminster Palace Gardens, Artillery Row, London SW1P 1RR Tel: 0800 7832332

End