An unaccompanied asylum seeking child is an asylum seeking child under 18 years who is not living with their parent, relative or guardian in the UK.
All unaccompanied asylum seeking children are by definition children in need and will receive assessment and provision of services. Most unaccompanied asylum seekers will qualify for provision of accommodation under Section 20 Children Act 1989, there being no person who has parental responsibility/being lost or abandoned/the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation and or care. If the child is assessed to be at risk of significant harm, consideration may need to be given to legal action to protect the child.
In a small number of cases, if the child has expressed the view that they do not want to be looked after and is judged competent to look after him/herself, provision of any accommodation and support can be made under Section 17 1989 Children Act.
Due regard should be given to the experiences children may have had in their country of origin and their previous encounters with government and authority figures. Sensitivity needs to be shown to children’s experience of repeat questioning. They may be particularly traumatised having been separated from their families, possibly against their will or having left the country to escape abusive situations at home or from authority figures in their own country e.g. being forced to be child soldiers.
The assessment of unaccompanied asylum seekers begins with little or no verifiable information. The child may give false information because of pressures exerted on them or the need to keep secrets. Even establishing the age of the child may be difficult as 50 million children world wide are not registered at birth, many societies calculate age differently to the UK and it is sometimes advantageous to the young person to declare an age different from their true one. Most asylum seekers will have received an initial assessment from intake teams established in boroughs which are initial points of entry to the UK. The paper record of this assessment will transfer with the asylum seeker and will be used as the foundation of future work with the child.
Assessments should pay particular attention to issues of race and culture and to the specific circumstances of the child’s arrival in the country. Professionals undertaking assessments must be alert to the possibility that the child may be a victim of human trafficking. An interpreter should always be used if the child/family’s first language is not English.
Before Children’s Social Care can provide any services for a child arriving from overseas, their nationality, ordinary residence and immigration status must be established. In most cases this is established by the police in collaboration with the UK Border Agency. Services to the child will be provided in parallel with ongoing investigations by the UK Border Agency, and close links will need to be established between the social worker and the UK Border Agency case owner.
The provision of services should focus on equipping the child for life in their country of origin as well as in the UK.
If safeguarding concerns arise in respect of an unaccompanied asylum seeking child, the safeguarding procedures will be followed as for all children.
