5.4 Unaccompanied Minors Seeking Asylum

UASC may be amongst the most traumatised and vulnerable children known to the Department. Some may have witnessed the death of family members and may be entirely alone. Others may come from countries where the rule of law has broken down and where survival depends on trusting only immediate family. Most will have had long and tortuous journeys to this country suffering significant hardship on route. Such experiences mean that they will need time, space and help to begin to rebuild their lives.

Oxfordshire Children’s Services Department, in partnership with other statutory agencies, voluntary and private organisations will strive to meet the needs of UASC within UK legislation and national policy frameworks.

Regardless of immigration status, the child or young person’s needs should be considered as paramount and a UASC will be entitled to assessment as a child in need of care and protection under the Children Act, 1989.

If the child or young person is to be Looked After, they will be provided for under Section 20 of the Children Act 1989 and Looked After Children' guidance (Care Standards Act 2000, Care Planning, Placement and Case Review (England) Regulations 2010, Fostering Services Regulations 2011 and the Children's Homes Regulations 2001 and 2011).

Where links and/or re-unification with family or friends are possible, we cannot discharge our responsibilities without a full risk assessment, following the process we use with all Children Looked After.

The UN High Commissioner for Children defines unaccompanied children as:

‘Those who are separated from both parents and are not being cared for by an adult who, by law or custom, has the responsibility to do so.’ UNHCR (1994) Refugee Children: Guidelines of protection and care.

The United Kingdom Border Agency (UKBA) defines a UASC as a person who, at the time of making the asylum application:

• Is, or (if there is no documentary evidence) appears to be, under 18;
• Is applying for asylum in his or her own right;
• Is fleeing persecution from their own country; and
•  Has no adult relative or guardian to turn to in this country;

The UKBA definition necessitates 'twin track planning' between the department and the UKBA when working with UASC.

The Children Act 1989 places a responsibility upon local authorities to safeguard and promote the welfare of children and young people living in their area. When children in need are identified, an assessment of their needs should be undertaken.

The Human Rights Act 1998 identifies the following rights:

• The right to life;
• The right to liberty and security;
• The right to respect for private and family life;
• The right of freedom of expression, freedom of assembly and association;
• The right not to be discriminated against.

Current legislation constructs immigration controls and regulates the process of those seeking asylum within the country. A major factor for UASC is that the burden of proof is placed upon the applicant to evidence his or her asylum claim.

When considering our duties towards UASC, the Hillingdon Judgement and Local Authority Circular (2003) 13 should also be followed. In summary this means:

• All UASC should, on arrival, be supported under Section 20 of the Children Act 1989, until an assessment of their needs has been completed;
• Based on assessed need, most UASC, including 16 and 17 year olds who require accommodation, should be provided with Section 20 support;
• The majority of UASC will be entitled to leaving care services if they have been accommodated for at least 13 weeks before their 18th birthday;
• Section 17 of the Children Act 1989 can be used to support UASC in exceptional circumstances, where an assessment of needs identifies that to become Looked After would not be in the UASC’s best interests – for example, if the young person strongly expresses aversion to becoming Looked After;
• This requires approval from a Children’s Services Area Service Manager and the strategic lead for CLA or prevention.

The format for assessing any UASC’s needs is the same as for any other child in Oxfordshire. The process will follow that set down and in accordance with the young person’s wishes and the procedures contained in this Manual taking account of the Framework for Assessment of Children in Need and their Families. However, in addition to the general assessment, a specific age assessment must be undertaken and careful attention must be paid to immigration processes.

The procedure for assessing any UASC’s educational needs is the same as for any other child in Oxfordshire, with English as a second language. However young people of post statutory school age and those of 14 plus entry to the new arrivals orientation programme will be provided with a holistic assessment whilst s/he is awaiting admission to a school or education provision or to supplement their early school provision. Hence, entry into this programme is not intended to delay admission to an educational establishment but to support it and ensure that UASC are properly prepared for life in a strange country. Entries to schools will follow the Service Level Agreement (SLA) agreed between schools and service and the Assessment & Admissions Process for Education and flowchart (See Appendix 2: Assessment and Admissions Process for Education).

4.1

Specific Considerations

Oxfordshire Children’s Services Department holds responsibility for a UASC who is seeking asylum if:

• They enter the country via an air or seaport and first declare themselves in the county. (Most arrive by lorry and are dropped off at the services);
• They present first in Oxfordshire as an ‘in country applicant’;
• They have family and/or another local connection, which the Department has agreed to support. (Please note the department would not normally support young people with extended family and friends in this country since these young people would not be regarded as UASCs);
• They are resident in another part of the country and Oxfordshire retains its responsibility to support.

4.2

UASC Arrivals in Oxfordshire

A child or young person can make an asylum application in the following ways:

• To an Immigration Officer at the point of entry: Immigration will inform the local authority within whose jurisdiction the UASC is found; or
• In the case of children already in the UK, at one of the UKBA Screening Units, or a Police Station;
• If a child is already in the UK and is picked up and detained by the Police, the Officer in Charge can make an application on their behalf, and inform the UKBA.

The nearest UKBA Screening Unit is at Lunar House, 40, Wellesley Road, Croydon, CR9 2BY.  Telephone: 0207 346 1134.

A child/young person may present to Children’s Services but they cannot make an application to Children’s Services. However they may need assistance to approach the Immigration Service or Police to do this.

It is at this stage that the ‘twin track planning’ asylum and child care processes start (see Appendix 1: Workflow Charts).

When a UASC has been identified either by the Immigration Service or the local Police:

• The Children and Families Assessment Team (C&FAT) or out of hours EDT will be requested to provide a social worker to attend the first interview;
• This should take place on the same day that the UASC either presents, or is detained. EDT/C&FAT completes an Initial Assessment Form to estimate age and need at the police station. The only decision to be made is whether the UASC is under 16 years, aged 16 or 17, or over 18. The Initial Assessment needs to contain a summary of observations and conversations that confirm how this decision was reached. It is important that this document is sent promptly to the City C&FAT, regardless of the decision. See Appendix 3: Age Assessment for detailed guidance on Age Assessment;
• If assessed as over 18, the new arrival is left at the police station to continue their asylum claim as an adult. The social worker will need to provide a standard letter to the person and Immigration stating that they have seen the person and assessed then as 18+ and therefore no duty is owed to them under children’s legislation. NB if a young person is claiming to be under 18, then there must be an assessment that is Merton Compliant;
• If assessed as under 18, arrangements need to be made for the young person to leave custody. A standard letter will be provided to Immigration so that this can be facilitated;
• If assessed as age 16 or 17, the UASC is placed in Key 2, or B&B if there are no vacancies, unless the initial assessment identifies needs that require a foster placement. Team Manager approval is required for a B&B placement during office hours and the first choice would be the Acorn on Iffley Road. Key 2 should always be notified of 16/17 year olds, whether or not they provide accommodation so that outreach support can be arranged. A standard letter will be provided to Immigration so that this can be facilitated;
• If assessed as under 16, the young person is placed in foster care. A standard letter will be provided to Immigration so that this can be facilitated;
• If EDT makes an emergency placement without a first interview between the UASC and an Immigration Officer, the C&FAT social worker will need to contact the UKBA and arrange for the UASC to be interviewed;
• It is important at this stage for the C&FAT team to obtain independent legal advice for the young person and ensure on this first appointment they have an interpreter. Further independent legal advice will need to be sought to support the young person prior to their 18th birthday to complete the application for further leave to remain but this should be organised by the solicitor appointed to support the young person;
• The Placement Duty System must be notified and a referral made to either undertake notification of current placement or locate a suitable placement, appropriate to the age and needs of the UASC, based on the information available at the time. The placement will need to be aware that the information available at this time will be minimal;
• If City C&FAT deals with the initial assessment during office hours, the UASC is accompanied to Knights Court while the placement is being sought
• If dealt with by EDT, North or South areas, they should e-mail City C&FAT office (Duty) plus Leaving Care Admin to alert them to the new arrival and provide basic details (name, stated date of birth and assessed age, nationality, language);
• Designated UASC admin creates the new person on FW-i and creates the contact. NB North and South teams are not expected to create new people on FWi or create contacts. They then undertake a referral to the City C&FAT Team Manager and the allocated C&FAT worker sets up the initial assessment as an outcome, together with the individual’s UASC status and the outcome of the age assessment when completed, onto FWi. The C&FAT worker also notifies the Central CLA administrator and CLA Senior Practitioner for UASCs of the new arrival;
• All ongoing communication regarding asylum status must be shared with Leaving Care Business Support and Administration along with the individual UASC’s status throughout the asylum process. The results of any contact with the Home Office must be communicated to the relevant social workers by Central Leaving Care Admin/Finance and vice versa.

The Social Worker must obtain as much essential information as possible (with the support of an interpreter where necessary). This information includes:

• Full name and age – check spelling;
• Nationality and country of origin;
• Religion;
• Information on first language and ability to speak and understand English;
• Names and addresses of possible contacts in the UK, especially family/ relatives. If young people record the presence of relatives in the country, they should be reunited with them if they are willing to have them, and the relevant LA notified of their presence in their authority;
• If the child is travelling with anyone, siblings and friends, and if so, determine age as this may effect unaccompanied status;
• Events prior to arrival;
• Events post arrival;
• Have they presented to another LA or country? (this information should be available through police or UKBA).

The Immigration Officer will also obtain and record basic data on an IS96NW form, a copy of which will be given to the individual concerned. They will also be given:

• A Statement of Evidence Form to complete, if they are assessed as under 18;
• A Human Rights Form;
• A letter asking the applicant to return to the Asylum Screening Unit in one month with the completed Questionnaire.

Documentation needing to be taken away for completion can be posted back to:

SEF (M) Asylum Co-ordinator Unit
PO Box 1234,
Croydon
CR9 1ZX

Screening Interview

• If the client did not see an Immigration Officer when they first presented at the police station they will need to be accompanied to Lunar House (Croydon) where fingerprinting, a photograph and ARC will be issued. No appointment is necessary – unless taking two or more new clients;
• If the client is seen by an Immigration Officer whilst in police custody then they will make their asylum claim at this time. It is possible that the Immigration Officer will also carry out the Screening Interview at this point. If this is the case, then all that remains is the issuing of the Application Registration Card (ARC), for which the Immigration Officer will make an appointment for the client to attend Lunar House, usually within 48 hours unless a delay is requested to make CSW support arrangements for the trip and to enable C&FAT to complete an age assessment prior to the issuing of the ARC in order to avoid having a disputed age printed on it;
• It is important to be aware of the appointments of other new arrivals so that trips to the Home Office in Croydon can be combined wherever possible. Please note that Lunar and Eaton Houses are separate locations and cannot be combined. Also, it is not practical to accompany more than 2 or 3 clients at a time;
• If the client makes their asylum claim at the police station but does not receive their screening interview, an appointment will be made for the interview at Eaton House;
• If the client misses an appointment, C&FAT will contact the Home Office (HO) to make a new appointment. Eaton House reporting centre – 0208 814 5029.

To summarise, there are three routes:

1. Client presents having not made an asylum claim. Asylum claim, Screening Interview and issue of Application Registration Card (ARC) all take place at Lunar House;
2. Client presents having made an asylum claim and having had a Screening Interview. Client will be given an appointment to receive their ARC;
3. Client presents having made asylum claim only. Client will have been given an appointment at Eaton House for a Screening Interview and ARC.

Making an initial asylum claim may be delayed e.g. for health reasons (the HO will not meet a young person who has scabies); delays with age assessment; the HO’s own difficulties. It is apparently not a valid reason for the claim to be delayed due to Oxfordshire County Council (OCC) staff shortages/illness. Any delay in claiming asylum has implications in terms of HO funding to OCC for the young person.

Therefore, if a young person is not able to claim asylum within the first two weeks of being looked after by OCC, C&FAT must:

• Notify Assistant Head of Service – Children and Families and UASC admin of the delay and reasons for it;
• Write to the HO and inform them that the UASC is in their care and the date of arrival; to inform them of the reasons for the delayed claim and the intended date of claim, enclosing a copy of the age assessment;
• Request written HO agreement that they will pay the UASC’s support costs from date of arrival;
• Log any cancelled HO visits or reasons for delay in case notes/chronology.

First Reporting Event (within 10 working days of Screening Interview/claiming asylum):

All clients will be invited to attend a First Reporting Event (FRE) at Amadeus House in Middlesex or via telephone if agreed by the HO caseworker. This is a short appointment to confirm where the young person is living, their support, whether they have had an age assessment and have a solicitor. It is possible to alter the dates for FRE appointments in discussion with the Home Office.

Statement of Evidence Form (SEF) (submitted within 10 working days of FRE and must be submitted before substantive interview):

When the client has his or her Screening Interview, they will be issued with a SEF (Statement of Evidence Form) which must be returned by post within 20 working days and seek legal advice for assistance in the UASC completing SEF.

• C&FAT contacts Turpin and Miller solicitors (TM) within 5 working days of arrival to request an appointment for the completion of this form. Once a date is received, C&FAT books an interpreter for this first TM appointment, but not for any thereafter. The case manager should ensure that TM receive a copy of the young person’s age assessment, a standard letter of support (see Appendix 6: Standard Letter to Solicitor Regarding SEF Completion), a copy of their Screening Interview, blank SEF and any other relevant documentation in time for the appointment;
• The solicitor will submit the completed SEF form directly to the Home Office. It is important to request a copy.

• Photographs and fingerprints (if aged over five) will also be taken;
• Legal and appropriate adult support is required at this interview;
• Social support via an appropriate adult can be given by the Children’s Services Department;
• Legal advice and support can be obtained from the Refugee Legal Centre 0207 7803200 and locally through Turpin and Miller (01865 770111);
• The Police or UKBA usually provide an interpreter for this interview, but to avoid delay, the social worker should always check that this resource is in place before attending the interview;
• The child’s social worker must ensure, through the interpreter that the UASC has an understanding of what is happening, that this is in accordance with their ‘wishes or feelings’, challenge the officer or interpreter if required and that they are given all the relevant paperwork by the Immigration Officer to evidence that they have ‘permission to remain’.

Decision

The Home Office aims to make decisions on children’s asylum claims within 25 working days and the case manager must follow up and ensure that the relevant paperwork is received and recorded on FW-i, Leaving Care business support is alerted and the paperwork is copied to the solicitor.

The Hillingdon judgement and subsequent guidance in (LAC (2003) 13) makes clear that all UASC fall within the scope of Section 20 of the Children Act 1989. All placements should reflect the assessed needs of the child or young person, although it is acknowledged that needs may change as the assessment progresses and an alternative placement may need to be found. The details of all Children Looked After are recorded on FW-i in the usual way in the Care Episodes Module, and where necessary as costed packages of care in the Assessment Framework and authorised by the relevant manager.  

The Department will strive to match the assessed or perceived need as follows:

• All UASC will be accommodated under Section 20 in a suitable placement in accordance with their age and assessed needs (usually foster care or in an alternative supportive environment, e.g. Key 2 for those aged 16 plus);
• In very exceptional circumstances, children over the age of 16 may be supported under Section 17; this decision must be endorsed by the area service manager and strategic lead;
• If not accommodated under Section 20: Young people are not entitled to care leaver status and funding will remain with the Family Support Team (FST) up to the age of 21;
• If granted Refugee status/further leave to remain, the Section 17 young person will be entitled to access the welfare benefits system. This is also true for care leavers post 18.

Following Initial Assessment by C&FAT, all children less than 18 will be allocated to a C&FAT social worker.

• The allocated worker will complete a Core Assessment, and the completed assessment will inform the UASC’s Care Plan;
• The Independent Reviewing Officer will review this in the same way as for any other looked after child and after one month the case will transfer to the Children Looked After Team (CLA);
• The CLA Team Manager and senior practitioner CLA/Leaving Care (LC) will need to be informed upon UASC arrival if under 18 and the case transferred to the senior practitioner at the first Looked After Review;
• The CLA/LC senior practitioner will undertake a referral for UASC aged 16 or 17 to the Leaving Care Team prior to the second Looked After Review if it is likely the UASC will become a relevant child or 6 months prior to the UASC becoming age 18;
• If the UASC is turning 18 within 6 months of arrival, a leaving care referral needs to be identified as an action point at the first Looked After Review;
• Any recommendation made by the case manager to de-accommodate must be evidence based, the UASC’s wishes and feelings and feedback from the UASC support network taken into account and the Life Skills Assessment completed. It is advised that the case manager informs the Independent Reviewing Officer and evidences their decision prior to the second Looked After Review.

Where there is a dispute/uncertainty about the young person’s age, a risk assessment should be undertaken to minimise the potential dangers to vulnerable others already in the placement, and the welfare and emotional wellbeing of the young person to be placed. Immigration officers can refer UASC to a doctor if there is a doubt about age, in practice immigration offices most often record ‘age’ claimed and date of birth ‘claimed’ on their paperwork. Recent case law has suggested that a careful assessment by social workers is as effective in determining a young person’s age, particularly in distinguishing between 15 and 19.

Health Needs

• The local authority does not hold Parental Responsibility for any UASC who is accommodated under Section 20 and does not therefore hold authority to authorise prophylactic treatment or other invasive medical procedures. It can only do so if it has Parental Responsibility under a Care Order;
• Where a child is over 16 years the law states that they are competent to consent to medical treatment;
• The individual themselves may consent to medical treatment and the decision to proceed with treatment will be made by health professionals in consultation with the child or young person;
• Where a child is under 16 years the health professional will consider the child’s competency to give informed consent i.e. whether the child is Gillick Competent or Fraser Competent;
• Health professionals may determine that a child under 16 years is not competent to give consent;
• If treatment is required and no consent from the child or young person can be obtained either because consent is withheld, the child is not deemed to be competent to give consent or cannot be obtained because of medical emergency, again the decision to treat or otherwise will be made by health professionals who will again consider the competency and how necessary the treatment is in accordance with the law and health policy;
• “The Children Looked After Health Policy” must also be followed for UASC – see Health Assessments and Health Action Plans Procedure;
• Refer to Health procedure (Appendix 4: Health Assessment, Registration and TB Screening - to follow) for Health Assessment, Registration and TB Screening). 

For the purposes of financial procedures and care planning, the birth date of the UASC will be that recorded on Home Office records (see also Section 7, Age Disputes).

Core assessment informs more appropriate care planning and should be completed within 35 working days of referral and prior to a transfer to CLA. It must be managed sensitively to reduce fear, anxiety or confusion. Ethnic origin and life experiences before arrival in this country will influence personal development and may impact on a young person’s visual or emotional presentation.

The health assessment should be completed by the first Looked After Review.

The Personal Education Plan is unlikely to be completed by the first Looked After Review but CAFAT should initiate the plan for CLA to complete by the second Looked After Review.

Enabling the UASC to be part of the assessment process is extremely important as in most cases they will be the major source of information. Consideration must therefore be given to securing an interpreter with the level of skill and experience necessary to support the individual to understand why an assessment is necessary, and what will happen. The Refugee Council Children’s Panel may provide valuable help or assistance. Consent to gather or share information with another agency must be obtained, and the Consent Form completed.

Education and Training

As far as admission to school or college is concerned, UASCs have the same rights as other children coming to this country. The Code of Practice on School Admissions states:

• If the UASC is of compulsory school age the case manager submits a movement form to the virtual school and a referral form to Macclesfield House to arrange a school place and inform EMAS to enable tracking (Appendix 2: Assessment and Admissions Process for Education). See also Accessing Provision from Meadowbrook College;
• Once the school has admitted the child then it is important to think about contacts with all agencies involved, age implications, obtaining resources, induction, placement, health, tutor groups, information for all staff, gaps in provision, dates for regular review of progress/achievement in schools and regular mental health monitoring. This is undertaken via the PEP and HAP;
• Those aged 16 or 17 undertake the rolling orientation programme while awaiting an education provision.

Review specific issues:

• The majority of these young people will feel isolated without family or friends in this country;
• Educational attainment will vary greatly, depending on their country of origin, previous formal education and fluency in speaking and comprehension of English;
• Participation will be influenced by their comprehension of English;
• Health problems may not have been diagnosed due to limited health services in their country of origin;
• Experience of prejudice against asylum seekers;
• Feelings of uncertainty and anxiety whilst their claim for asylum is considered;
• The young person may have suffered torture and be traumatised by this abuse.

All children looked after may experience difficulties because of their situation. The combination of the above factors can only compound the specific vulnerability of UASC.

Assessment of age is a key factor in the assessment of need and subsequent delivery of appropriate services to UASC.

When requests for services are received, age must be addressed as an integral part of the initial assessment of need. This is so that eligibility for services is determined accurately and appropriately.

UKBA policy, where an applicant claims to be under 18, but his or her appearance strongly suggests that he or she is over 18, the applicant should be treated as an adult and offered support from the UK Border Agency (and they would not be UASC). The decision can be challenged by the person claiming to be a minor. An age assessment provided by a social worker must be obtained and it is essential that this assessment is completed with the help of a skilled interpreter. 

The case of R v Merton LBC (2005) deals with the do’s and dont's of age assessment. Children’s Services Department must undertake their own age assessment and ensure that there are clear reasons for the conclusion. This policy is drafted in line with guidance contained within that case. This has been reinforced by the Hillingdon v Liverpool judgement (2008).

Prior to attending the First Reporting Event (FRE) interview, the social worker will obtain as much background information as possible, including the views of the immigration officer, all medical data collected at the initial medical examination and any other additional evidence of family or other contacts in this country. Two workers should complete the age assessments and components of the assessment should include:

• Physical presentation (pen picture, physical development, clothing);
• Social presentation (observation on behaviour, interactions/relations with others, self care skills, level of coping);
• Family composition/demographics;
• Education (history and achievements);
• Health (growth and development, findings from medical and dental checks);
• The history given by the child or young person, and an examination of the credibility of the history given;
• Any other professional views.

The age assessment should be recorded on the appropriate document format (FWI or the word Pro-Forma in Appendix 3: Age Assessment) with clear and concise wording which demonstrate the evidence upon which the local authority seeks to rely. A signed Merton Pro-forma attached should be uploaded on to FW-i. Any piece of evidence that is presented by the young person must be considered and reasons for accepting or dismissing it must also be clearly recorded. The assessor must give the young person the opportunity to respond to any conclusions she/he makes about the evidence offered by the young person, and the detail of this must be recorded.

Once the assessment has been completed, a meeting must be convened to share the findings with the young person and their representative. The meeting will decide upon the level of service to meet the assessed need and whether or not other agencies need to know the outcome of the assessment. It will be made clear to the young person that if s/he is assessed as being over 18 s/he will be sent to London with information about how they can challenge the assessment. The young person must demonstrate a clear understanding of the process and if there is any doubt, because of language or other difficulties, these must be addressed. A letter setting out the final decision must be provided to the young person and the evidence that forms the basis of this decision must be included. This will allow the young person the opportunity to challenge any issue that they may feel has been wrongly recorded.

This letter should also set out the mechanism of appeal for the young person within the local authority – if the young person wishes to contest any of the issues raised within the assessment or decision letter, this could be done through the complaints procedure. Complaints leaflets should be given to UASCs and where possible in their own language. However, their rights must be clearly explained to them with an interpreter present, if necessary.

There should be three levels to the assessment when an UASC’s age is in doubt, when the following information should be considered:

Level 1: (immediate assessment at point of entry): the young person’s given information/appearance (pen picture, physical development), views of other professionals, medical adviser, immigration officer, social and education information.

Level 2: (by the end of the initial assessment): when the assessing social worker and carer have undertaken a more detailed assessment of the young person’s social, emotional and behavioural presentation over a short period of time.

Level 3: (by the first Looked After Review): when the assessing social worker and carer have undertaken a more in depth assessment of the young person’s needs and will include information on:

• Physical presentation – to include pen picture, physical development, observations of clothing, evidence of financial resources;
• Social presentation - to include observations of behaviour, interactions with others, self care skills;
• Emotional and behavioural presentation – to include observations of relationships with others, evidence of anxiety or worries, being harmed, or the fear of harm.

This must be available to the first review as a written report.

NB If two professionals agree the young person is older than stated, the social worker should inform the team manager who will underwrite the decision and decide whether a planning meeting is necessary. The young person should be assisted to contribute to the meeting, with the help of an interpreter and referred to VIVA Project, our advocate scheme. If it is not resolved the young person should be helped to take it through the complaints procedures.

The casework instructions for the UK Border Agency guides workers through the necessary actions needed for an UASC who is nearing the age of 18.

Young people must make an application for further leave to remain 4 to 6 weeks before they reach 17.5 years since this is when leave to remain expires, to do this they must have independent legal advice which will help them complete the application. Social workers can support this application with a letter. If a young person does not make an application for further leave to remain then they would not be entitled to UKBA support.

If an application for further leave to remain has been made then they can access the benefits system until the outcome of their application. If further leave to remain is granted then they can continue to claim benefits. If not granted they will be entitled to UKBA support if they are agreeing to a voluntary return. They are also entitled to UKBA support if they have never had a decision about their asylum claim.

The social worker must provide a letter to UKBA stating their duties to assist under the leaving care legislation and whether the department is aware of other sources of income/support the young person might have. The local authority continues to have a duty to support care leaving asylum seekers up to the age of 21 (or 25 if in higher education).

The situation regarding entitlements/responsibilities for the various categories of ex-UASCs is extremely complicated. It is therefore the Social Worker/Leaving Care Personal Adviser’s responsibility, to keep themselves informed of any changes in their clients’ status and to pass this information on to the Central Leaving Care Admin/Business Support Team for claiming the appropriate grant (and to record it on FWi).

Those who have had a determination of their application will no longer be entitled to support under UKBA guidance when they reach the age of 18.

For those receiving UKBA benefits or who are are, the local authority still holds some responsibility under the Leaving Care Act. The Leaving Care Team will do everything possible to support young people to consider the voluntary return system but if this is not successful, we will give them Housing and subsistence until 21. However, their access to Employment, Education and Training will be restricted. (See Leaving Care policies).

UASC are vulnerable to ‘people traffickers’. They are often targeted, recruited or coerced into the sex industry or the ‘slave trade’ (indentured service). 

When any UASC goes missing, or does not go where they are expected to go, the Police must be contacted and all available information given that may lead to the child or young person being recovered. 

UKBA must be informed as they hold a current photograph and finger print record. Details of the missing UASC will be posted on the UASC Index.

UASC have the same rights as other CLA who are missing children. The case must not be closed until the missing young person’s whereabouts is known, they have been recovered, or they reach the age of 21, whichever is sooner. As in the Care Leaving Care Act 2000, the team must make every effort to re-engage the young person until they are 21.

When a missing UASC is located, they remain the responsibility of the local authority that first provided them with services. Action must be taken to recover them to an environment that meets their needs for support and protection and UKBA must be informed

When a missing UASC is located, it may appear that the young person is willingly involved in the sex industry or as an indentured worker, but this must be carefully explored as the UASC may be paying back a debt of honour, and it may put them or their family of origin at risk if they do not continue to co-operate. They should be viewed as at risk, and continuing efforts should be made to protect them and their family of origin. This requires a specific Child Protection Assessment, Strategy Meeting with the Police and agreement about how to proceed.

Relevant Reference Documentation

Home Office Local Authority Letter (INDLAL 06/01) and the attached Grant Instructions to Local Authorities, August 21st, 2009 (see Appendix 8: Financial Procedures for UASC - UK Border Agency Grant Instructions). 

Introduction

Oxfordshire County Council have the opportunity to claim grant funding for UASC from the UK Border Agency either via the Home Office UASC Grants for under 18’s and the Leaving Care Grant for over 18’s or via the UK Border Agency. This financial procedure outlines how different staff members are involved in the monitoring of UASC and how information is collated to enable a successful grant claim for each UASC.

There are key financial areas for achieving accurate monitoring of UASC and compiling a successful grant claim.

• Processing of the UASC on FWi – re: notification of new UASC arrivals up to date information and the upload of all relevant UASC Home Office documents as a priority;
• Home Office Grant Teams send monthly Annex A submissions for under 18’s UASC and Leaving Care UASC;
• Incorporation of UASC Grants monitoring within the monthly budget monitoring process, including estimated income;
• Collation of cost information of each client, including details of relevant expenditure which can be included as part of the grant claim.

Grant Criteria and Claimable Expenditure

Reimbursement via UASC grant for all costs relating to a UASC will generally only be received if we can provide the correct Home Office reference number on the grant claim forms. This reference number should appear on the Standard Acknowledgement Letter.

This is issued to any person from abroad granted temporary admission under the written authority of an immigration officer - it is a double-sided A4-sized document printed on security paper and is used to acknowledge a claim for asylum.

The Home Office Grant Instructions state that only “Relevant accommodation and subsistence expenditure for UASC” and “Relevant administration costs for UASC” can be included in the final claim. These two areas are defined as follows:

Relevant Expenditure may Include the Provision of Accommodation and Board where:

• The local authority has a duty to carry out an assessment of need and to accommodate UASC under Section 20 of the Children Act 1989 or is accommodating a UASC as a result of a Care Order (including an Interim Care Order) made under Section 31 of the Children Act 1989, and the child is accommodated or maintained by:
  • Placing the child with a family or other suitable person (but not with a relative or family friend) under Section 23 of the Children Act 1989; or
  • -Maintaining the child in a community home, a voluntary home, or a registered children’s home, under Section 23 of the Children Act 1989; or
  • For a young person aged 16 or 17 maintaining the young person in suitable supported lodgings or independent accommodation under Section 23 of the Children Act 1989;
• The local authority has a duty to carry out an assessment of need and to provide a range of services appropriate to UASC needs where a young person aged 16 or 17 has been assessed to be a child in need under Section 17(1) of the Children Act 1989 and the young person is provided with support under Section 17(6) of the Children Act 1989;
  
  Plus
• Reasonable travelling expenses to enable the child (UASC) to attend a hearing of an appeal on his claim for asylum or an interview in connection with his claim for asylum which has been requested by the Secretary of State.

Relevant Administration Costs for UASC Should Include:

• Direct administration costs, together with any social services assessment costs;
• But they exclude: Indirect administration, payments in respect of any persons over the age of 18 years, Healthcare Costs, Education costs, Interest costs incurred in the financing of the services, Displacement costs from a child who is not a UASC, payments in respect of children who have been separated from their parents as a result of a Section 9 decision, payments in respect of a child who has been placed with family or friends.

The Grant Instructions set maximum daily rates that can be claimed for UASC. These fall into two categories and are set out below:

The total grant entitlement is the lower of total relevant expenditure (calculated as an amount per day for every day the child is supported) and the maximum daily rate.

The UASC Leaving Care Grant for Over 18’s (Claimed Via Quarterly Submission and receipt of Data for each Client).

Short Term 4 UKBA Funding – Please click here for more information about Section 4 support.

Financial Processing of New UASC

All UASC provision costs should be processed on FWI in the same way as any other child. Not all UASC expenditure is claimable via the HO grants, therefore all cost for UASC should be accounted through FWI as normal and any relevant expenditure will be identified and transferred to the correct cost centre at a later stage.

When a new UASC becomes known to the County Council, the social worker (usually from C&FAT or EDT) or relevant Team Manager should notify the UASC Admin Officer who then creates a new record in FWI and updates Grant Annex A information. The Initial Assessment is then recorded in FWi. The outcome of the Initial Assessment and Age Assessment then indicates whether the case proceeds to receiving services.

A copy of the IS96 or SAL2 should be uploaded onto FWI to ensure specific details required on the Grant claim can be obtained quickly. The data required is detailed below.

Some of these details may be missing from the IS96 or SAL2 (e.g. HO Ref. Number) please ensure all UASC data shown below is recorded in FW-i:

• First Name;
• Surname;
• * Claimed Age;
• Assessed DOB if Available;
• Nationality ;
• HO Ref Number;
• Port Reference – if available.

In addition the following data should also be provided regarding the UASC.

• FWI Ref
• Legal Status –see Appendix 9: Home Office Form to be Used for Status Instructions
• Current Placement
• Start Date of Support
• Any Closure Date and Reason

The Business Support Officer for the Central Leaving Care team and UASC Admin Officer (supported by Central Senior Admin Officer For Leaving Care) will start to record relevant data on each UASC including expenditure incurred for that client under the age of 18 and for those UASC with care leaving status broken down on a weekly basis. The Designated UASC Admin Officer sits within the Leaving Care Admin team and will enter all new UASC on to the centrally maintained Children’s Services Asylum Seeker spreadsheet that has the primary function of storing all data required in obtaining Grant funding as well as data on missing clients to ensure missing UASC numbers are monitored and that data is available on this for management recording.

Ongoing Monitoring of UASC

All provision costs for an UASC must be treated in the same way as any other child. However, all their costs will be charged to the UASC budget.

As part of the monthly budget monitoring process Team Managers should be identifying any UASC that are allocated to their team and discussing their potential cost impact on the UASC budget forecast.

On a monthly basis, the Designated UASC Admin Officer will distribute a draft management report compiled by the designated UASC Admin officer based on the data from the Children’s Services Asylum Seeker spreadsheet listing all the UASC that Business Support currently know about, together with their Known Immigration Status, which Grant they are funded by and validity for that claim (whether they are in receipt of Grant funding or not and not funded reason) and as well as a brief note on actions required to obtain funding. The distribution list is detailed below:

•  All Central Service Managers;
•  Central CAFAT Team Manager;
• Central Leaving Care;
• Central CLA Team Manager;
• RAISE Development Manager;
• Placement Team Manager;
• Strategic Lead for CLA;
• Placement Business Support Finance Manager;
• CYP&F Finance Managers.

The Asylum Seeker Report must be checked for any amendments, transfers or omissions – and returned to the UASC Admin to collate into a final report that is then sent to Ian Buller and Finance and any new information received should also be entered onto the Grant Claim submissions at this stage. The deadline for any spreadsheet alterations will be in line with the budget commentary deadline for MDS.

Once the report is updated, the Strategic Lead for CLA will receive the revised version to aid their budget commentary.

The Designated UASC Admin Officer will continue to record relevant grant submission data for both the Under and Over 18s Grants, as well as noting which clients receive UKBA funding, and liaising with social work staff directly when appropriate to obtain any required data and to communicate any new case information received via the Home Office. The UASC Admin Officer will have regular one to ones with the Senior Admin Officer for Leaving Care regarding problem cases and strategies for negotiating funding with the Home Office and for resolving funding issues in general. The UASC Admin Officer regularly maintains updated notes on grants progress and will notify the Senior Admin Officer immediately of any cases causing concern with regard to funding issues. Ian Buller will continue to record claimable expenditure incurred for all UASCs under 18 either on UKBA grant or on the under 18 grant until such time as the client reaches the age of 18 or until the client leaves the care of the County Council (e.g. goes missing from placement) and will continue to monitor and record claimable expenditure incurred for all UASCs Over 18 funded by UKBA or by the UASC Leaving Care Grant for Over 18’s.

The UASC under 18’s Grant instructions clearly state that no claim can be made for Asylum Seekers aged 18 or over. The final support date for this Grant must be the day before the 18th Birthday. However it is important to understand that in most cases a UASC will qualify for Leaving Care services and will be claimed for from the post 18 grant. Asylum seekers who have been accommodated by the local authority will be eligible to continue to receive advice, support and assistance from the Care Leavers Service as a Former Relevant Young Person until the age of 21yrs (25 yrs if in education). Click here for the full Guidance documents for both the UASC grant (under 18’s) and Leaving care UASC grant (Over 18’s).

If the young person has made a valid application for an extension of their leave prior to the expiry of their former leave they are entitled to Jobseekers Allowance/Income Support and housing benefit unless they remain in education past their 20th year. (See Financial Policy for Leaving Care Service for details of their entitlement).

If they have not made a valid application on their 18th birthday they are not entitled to Job Seekers Allowance, income support or other public funds. At this point they would need to make an application for support through UKBA. Click here for more information about Section 4 Support.

As this area of UASC support is relatively complex it is essential that any transition of support for an UASC approaching the age of 18 is planned ahead.

Payments and Completion of Grant Claim

With the exception of in-house fostering placements, Business Support Officer for the Central Leaving Care Team will process payments for UASC in line with the standard payment procedures. SAP entry pertaining to the period the payment covers.

In-house fostering payments relating to UASC are to be set up in FWI by the Placement Duty Team with the Fostering Payments Team and the Business Support Officer for the Central Leaving Care Team should be notified. This will instruct finance to initiate payments via the Foster Carers’ payroll.

For Under 18’s Grant, a monthly claim form (Annex A of the Home Office Grant Instructions, see Appendix 8) is submitted to the Home office by the 15th of each month via the Home Office CBP (Collaborative Business portal) and online secure connection to the Home Office – In no circumstances must data be sent by disk of any kind. All emails sent to the Home Office should not contain any data re: names unless using the new GCSx secure emails system. Click here for more information on this new system.

Any users needing this enhanced email service should contact the Senior Admin Officer for Leaving Care to get added on to this system immediately.

For the Under 18’s UASC Grant, the Home Office will use the monthly claim form to make a response that is returned to the County Council approximately two months later. This response details all cases and shows which are agreed and disagreed for funding. The following month we receive a payment amount – it is worth noting however that the first Home Office monthly submission is actually sent on 15 September each year and contains information from April – August (inclusive). For Over 18’s this is done via the same method but quarterly starting from 15 October.

The Home Office will not usually make payment on any cases that do not have a Home Office reference number recorded on the Grant Submission Forms – they will also not make payment on any cases that do not meet the essential Grant Criteria, including the following:

• The Home Office will not make payment through the grants to any UASC on UKBA funding;
• No Payment to any UASC with ARE immigration Status;
• No Payment to any UASC that has taken Citizenship / Naturalised;
• Accompanied Cases.

For more details including more about Accompanied Cases, please ask UASC Admin or see the Grant Claim Criteria for funding in the relevant Grant Claim Instructions.

At the end of the financial year the remaining disputed cases must be cleared and all attempts to ensure that an agreed for funding status is achieved. The final grant return (Annex B of the Home Office Grant Instructions) must be submitted to the Home Office by HQ finance. This cannot be submitted until all cases are resolved. All sources of evidence collated over the financial year will be used to support the legitimacy of the County Council’s Grant claim.

The Home Office reserves the right to complete an independent Audit on UASC expenditure at any time and to validate claims before making payment. It is therefore advisable that all information regarding UASC and relating expenditure (claimable or otherwise) should be filed in an orderly, consistent and timely manner. Access to this information must be made available if required.