Unaccompanied Children from Abroad and Child Victims of Trafficking and Modern Slavery

1. Scope of this Chapter

For the purposes of this Chapter, an unaccompanied asylum seeking child (UASC) is defined by the Home Office as a young person under the age of 18 making an application for asylum in his or her own right in the UK and is not being cared for by an adult who, by law or custom, is responsible for doing so.

This chapter describes the particular issues arising in referrals involving young unaccompanied asylum seekers.

When it comes to the notice of Birmingham Children's Trust that a child or young person is an unaccompanied asylum seeking child, they will be regarded as in need of accommodation provided under Section 20 Children Act 1989, until an assessment concludes that they are no longer in need of this service. In all such referrals the UASC Team will complete the assessment following guidance contained in Assessments and the ASTI Teams Policy and the policy in relation to care planning will apply as set out in Care Planning Policy.

2. Eligibility for Service

To be eligible for a service, a young person must meet the definition of an Unaccompanied Asylum Seeking Child. The child/ young person may be granted refugee status, humanitarian protection or leave to remain as an unaccompanied asylum seeking child/ young person. In all these cases they will remain eligible to receive services from the Trust.

As part of the general duty to assess and meet the needs of an unaccompanied asylum seeking child/ young person, we should ensure that they have access to a legal representative.

Unaccompanied asylum seeking children/ young people are highly likely to require specialist support from a variety of organisations and agencies.

3. Referral Routes

Potential referral routes are via:

• CASS (usually spontaneous arrivals). In these circumstances CASS will complete a referral form and send through to UASC Team following discussion with the team. UASC Team will then progress the referral by checking all Home Office documentation and evidence that the young person has resided in, or has a local connection to, the Trust area;
• Legal Services direct to UASC Team (this is usually where a pre-action letter has been received from the young person's legal representative); In these circumstances UASC Team will complete the referral form and progress the referral as above;
• National Transfer Scheme - referrals are made directly from the Home Office to the UASC Team who will progress the referral as above.

4. Assessment

A Trafficking Risk Assessment will be completed at the earliest possible stage and will inform service provision and any safeguarding response.

In all cases where a referral is received concerning an unaccompanied asylum seeking child, the UASC Team should provide them with Local Authority/Trust accommodation and carry out an assessment of their needs, in accordance with the Assessments and the ASTI Teams Policy unless a determination of age prevents the team from offering support. The assessment will take account of:

1. The immigration status of the child/young person;
2. The child/young person's accommodation arrangements and needs;
3. The child/young person's local connection with Birmingham or with any other Local Authority/Trust area;
4. The child/young person's financial and other support;
5. The child/young person's ethnicity and religion;
6. The child/young person's education needs and how these will be addressed;
7. The issue of age should be addressed if relevant and determine whether a full Merton-compliant age assessment is required;
8. The child/ young person's history and journey to the UK;
9. The child/young person's health needs. This includes the psychological or emotional impact of experiences as an unaccompanied or trafficked child/ young person, and any consequent need for psychological or mental/emotional health support to help the child/young person deal with the trauma;
10. Any safeguarding issues or factors that may indicate the child/ young person is or has been trafficked or may be a victim of exploitation such as forced labour, servitude or slavery, criminal or exploitation;
11. Any family links that may be available to support the child/ young person (ensuring that any search for family members does not jeopardise their safety). The child/ young person should always be consulted with and informed if family tracing is being undertaken or commissioned on their behalf (see British Red Cross - Find Missing Family);
12. Their wishes and feelings (voice of the child) in accordance with their level of understanding.

In determining an unaccompanied child/young person's accommodation needs, the assessment must have regard to their age and independent living skills, and consider the intensity of service required. This may range between supported accommodation, and foster placements.

When working with unaccompanied and/or trafficked children and young people, be aware that they are at risk of going missing from care, often within the first 72 hours, whilst others may be at risk of repeated missing episodes due to ongoing exploitation. Photographs of the child/ young person should be kept on file for use if they do go missing and be shared with the police in that instance. Photographs may include one of their full body length, one of their face and any others that depict distinguishing features

An interpreter should be used to assist in all assessments.

The practitioner must complete an assessment record for all young people.

Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery (2017) provides that where the age of a person is uncertain and there are reasons to believe that they are a child, they are presumed to be a child in order to receive immediate access to assistance, support and protection in accordance with section 51 of the Modern Slavery Act 2015. Age assessments should only be carried out where there is significant reason to doubt that the claimant is a child. Age assessments should not be a routine part of a Local Authority/Trust's assessment of unaccompanied or trafficked children. Where age assessments are conducted, they must be Merton Compliant.

The assessment of age is a complex task, which usually involves a face-to-face meeting and often relies on professional judgement and discretion. Such assessment may be compounded by issues of disability. Some young people may genuinely not know their age and this can be misread as lack of co-operation. Levels of competence in some areas or tasks may exceed or fall short of our expectations of a child of the same age in this country.

In advance of undertaking an age assessment for an unaccompanied asylum seeking child/ young person, Local Authorities/Trusts must seek Home Office assistance with verifying the authenticity of identity documents e.g. travel documents or a birth certificate. See ADCS website for further information and contact details for Local Authorities/Trusts.

The ADCS Asylum Task Force has worked with the Home Office to provide a set of jointly agreed "good practice documents" for age assessments and information sharing. These documents are offered as practice guidance, by way of assistance to Local Authorities/Trusts and their partners. The use of the proforma and consent form is voluntary. The content is not, nor does it seek to, be binding on Local Authorities/Trusts. It is simply a recommended approach.

The ADCS and Home Office Age Assessment Joint Working Guidance was updated in March 2023 to reflect the launch of the National Age Assessment Board, which began a phased rollout on 31 March 2023. The Board brings together a hub of specialist social workers, who will support local authorities and the Home Office to resolve age disputes by conducting age assessments. The Board will carry out full Merton-compliant age assessments upon referral from local authorities or on behalf of the Home Office, and will also use scientific methods to assess age once these are brought in.

The Board will set the national standard for age assessments, acting as a centralised team for local authorities and providing expert advice and training to improve the consistency and quality of how age assessments are carried out.

The advice of a paediatrician with experience in considering age may be needed to assist in this, in the context of a holistic assessment. However, the High Court has ruled that, unless a paediatrician's report can add something specific to an assessment of age undertaken by an experienced social worker, it will not be necessary.

5. Trafficked Children and Young People

The Coram Legal Centre definition regarding trafficked children is:

A child has been trafficked if they have been the victim of an action of "recruitment, transportation, transfer, harbouring or receipt...for the purpose of exploitation". Exploitation is interpreted broadly to include sexual exploitation, forced labour (including forced criminality and forced begging), servitude, slavery-like practices and organ removal. Children can also be trafficked for the purposes of benefit fraud and forced adoption. Criminal activities can include drug trafficking, cannabis cultivation, petty theft, fraud and selling counterfeit goods.

Trafficked children may have been trafficked internally within the United Kingdom as well as across national borders. Human trafficking is distinct from 'smuggling' which may involve the clandestine entry of a child across national borders, but does not involve their exploitation.

Whatever form it takes, modern slavery and child trafficking is child abuse and relevant child protection procedures, as set out in Working Together to Safeguard Children 2018 and West Midlands Safeguarding Children Procedures, must be followed if modern slavery or trafficking is suspected.

Local safeguarding partners have a duty to work together to safeguard and promote the welfare of children including child victims of modern slavery.

Where there are concerns that a child/young person has suffered or is at risk of suffering significant harm, for example as a result of trafficking and/or sexual exploitation, practitioners must discuss the child/ young person with their manager and consider whether the circumstances warrant a Strategy Discussion/Meeting and Section 47 Enquiry. The opportunity to intervene to prevent any further exploitation might be very narrow, so a strategy discussion should be convened as soon as possible, and any necessary immediate action taken to safeguard and promote the child/young person's welfare. This strategy discussion should involve the police, EmpowerU and any other relevant agencies and plan rapid further action if concerns are substantiated.

Any concerns that a child/ young person has been trafficked should be referred to the National Referral Mechanism (NRM) using the Modern Slavery Portal.

A referral should also be made to Barnardo's, who provide our Independent Child Trafficking Guardian  service. They provide an independent source of practical and emotional support and advice for trafficked children and young people, speak up on their behalf and act in their best interests. They also provide specialist advise and training to professionals. The referral can be completed online using the online referral form.

6. Children in Need Criteria

Where it is established that the referral concerns an unaccompanied child asylum-seeker, they will be provided with Local Authority/Trust accommodation unless an assessment has concluded that they do not need this status. If the child/ young person does not become, or ceases to be, a Child in Care, the Trust will offer support as either a Child in Need or a Care Experienced Young Person.

7. Provision of Services

Where a referral/assessment identifies that a unaccompanied asylum seeking child is in need of services, the child/young person should be provided with information about the services available to them from the Trust and other agencies.

The child/young person should also be given assistance to register with a GP and dentist, and enrol in a local school or college. An interpreter should be booked to accompany the young person to appointments with the GP or school, where necessary. The health professionals and the school should be aware of the child/ young person's status and senior managers such as the Virtual School Head should be informed of the school placement.

The child will be supported to either initiate or progress their asylum application and will be supported to appoint legally funded representation, usually via a referral to the Refugee Council.

The UASC Team will notify the Home Office that the child is in our care.

All UASC in care will be referred to the UASC new to country clinic.

Unless the assessment identifies that an unaccompanied young asylum-seeker does not need to be in care, all the policies in relation to Care Plans, Health Care Plans, Personal Education Plans and Placement Plans must be completed. See Decision to Look After and Care Planning Policy.

Any unaccompanied asylum-seeking child who is treated as a Child in Need will be eligible to financial assistance which must first be authorised by the manager. The social worker should arrange for payment of the relevant amounts in accordance with the Trust's detailed financial policies.

8. Refusal of Services

A decision may be taken not to provide a service where, for example:

• A full Merton compliant age assessment or an age decision has been previously completed by another local authority. In this situation the UASC will be referred to that local authority;
• In some rare circumstances, it will be very clear that the individual is an adult significantly over the age of 18, at which point a decision will be made that they are not eligible to receive a service without the need to complete a full Merton compliant age assessment. In this situation an age decision letter will be provided detailing the reasons for refusal of service and signposting to additional support services.

Where an assessment identifies that an unaccompanied asylum-seeking child does not meet the criteria for a service from the Trust, but appears to be in need of services from elsewhere, the social worker will refer the young person to the appropriate agency which may be a different Children's Services, the Refugee Council, UK Visas and Immigration and/or an appropriate voluntary agency.

In all cases where a service is to be refused, the social worker must consult his or her manager before the decision is made and the letter confirming the decision is sent. Any correspondence received in relation to the decision should be referred to the manager.

9. Suitable Accommodation

Placement decisions should take particular account of the need to protect children and young people from any risk of being exploited, and the heightened risk of them going missing. Transfer to an out of area placement might in some cases be appropriate to put distance between the child/ young person and where the traffickers expect them to be. It is important that there is sufficient supervision and monitoring by on-site staff to keep the child/ young person safe. Bed and Breakfast (B&B) accommodation is not suitable, even on an emergency accommodation basis. Such accommodation can leave the child/ young person particularly vulnerable to risk from those who want to exploit them, and does not meet their protection or welfare needs.

9.1 Placement Options

Placement options for unaccompanied migrant children are the same as for other Children in Care i.e.:

Foster Care in a family setting either in a placement in an Ofsted registered and inspected placement with an Independent Fostering Agency foster carer or in a placement with a local authority foster carer.

Residential Care within an Ofsted registered and inspected children's residential care home.

Supported accommodation

Supported Accommodation is a semi-independent living and outreach service for 16-21 year olds, and suitable for those young people who can live in accommodation with minimum levels of supervision. It is important to note the difference between Supported Accommodation and residential care. Legally, Supported Accommodation providers can only provide accommodation and support; they cannot deliver direct care or interventions. These forms of accommodation are usually for older children, who require less intensive support and close monitoring and require only accommodation, as opposed to care and accommodation. Where there has been an assessment of need and the best match is in "supported accommodation" the placement could be in single or shared accommodation with support. If a child is assessed as needing care, they should be placed in an Ofsted registered provision.

Statutory guidance and the Care Planning Regulations clearly set out that in some cases, a child/ young person can be suitably placed in accommodation termed as "other arrangements", and Regulation 27 sets out the duties of a local authority when placing them in such arrangements (see also: Schedule 6). For further guidance, See Supported Accommodation Guidance for Social Workers.

With effect from 9 September 2021,  Regulation 27B  Care Planning, Placement and Case Review (England) Regulations 2010 (as amended by Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021) and Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review provide that those claiming to be under 16 should not be placed in an 'other arrangements' placement until an age  assessment has been carried out and the child/ young person is assessed as being 16 or 17. Suitable accommodation should be provided before, during, and after the assessment with particular care given to ensuring that the placement is fully risk-assessed – in many cases a solo foster placement or single occupancy children's home may be the most suitable setting.

Where an asylum seeking young person claims their age to be 16 or 17 they can be placed in a supported accommodation placement by a local authority only if such a placement is consistent with their welfare in line with the local authority's statutory duties. In cases where an unaccompanied asylum-seeking young person's claimed age is 16 or 17 and they have been placed in supported accomodation setting but on completion of a case law compliant age assessment are found to be under 16, a suitable alternative placement must be found within 10 working days following completion of the assessment.

See also Placements in Other Arrangements Policy.

For further guidance regarding suitable placements for unaccompanied asylum seeking children and young people please see: What is a suitable placement for an unaccompanied asylum seeking child? – Information for local authorities to accompany the national transfer protocol for unaccompanied asylum seeking children and On the Safe Side: Principles for the safe accommodation of child victims of trafficking, ECPAT.

10. Review of Services

Where a child/young person is in care, their care planning arrangements will be reviewed in accordance with the Children in Care Reviews Policy.

The child/young person should be invited to the Review and an interpreter should be booked as necessary.

Independent Reviewing Officers should be aware of the need to have regard to the child/ young person's needs as an unaccompanied child or child victim of modern slavery, including trafficking, when planning and providing care. They should also have an awareness of the particular needs and issues children and young people may face as a result of being an unaccompanied child or child victim of modern slavery so that they can provide appropriate challenge at review. Service providers should ensure that foster carers and all other care staff in placement settings are aware of appropriate steps to reduce the risk of trafficked children/ young people returning to their traffickers.

Any other services provided should be reviewed at least every 6 months as set out in the Think Family Outcomes Plan and Reviews Policy and Child in Need Policy and Practice Guidance.

In advance of each review, the social worker will discuss the purpose of the meeting with the young person, encourage them to attend and obtain their wishes and feelings. The social worker will complete the report for the Review in advance of the meeting.

The child/young person should be invited to the Review and an interpreter should be booked as necessary.

Where additional support services are identified as necessary, the plan should be updated to reflect this.

11. Withdrawal of Services

The provision of a service is dependent on the young person continuing to qualify for the service, for example someone who is age assessed as over the age of 18 at the time of accommodation would no longer be eligible to receive a service.

Services to an unaccompanied asylum seeking child may be withdrawn, for example, where another adult wishes to assume Parental Responsibility and this is assessed as appropriate and formally supported.

All relevant Trust processes should be followed when ending involvement with a young person.

In addition, unaccompanied children/ young people should be informed of the availability of the Assisted Voluntary Return Scheme.

12. Unaccompanied Asylum Seeking Children Reaching 18

Where the young person is in care, when they reach 18 they will be supported by the specialist UASC 18+ Care Leavers Team, who will provide support to the young person in accordance with Leaving Care Policy.

Pathway planning should address any additional needs arising from the young person's immigration issues. 

Planning may have to be based around short-term achievable goals whilst entitlement to remain in the UK is being determined. For the majority of unaccompanied children/ young people who do not have permanent immigration status, transition planning should initially take a triple planning perspective, which, over time should be refined as the young person's immigration status is resolved. Planning cannot pre-empt the outcome of any immigration decision and may be based on:

• A transitional plan during the period of uncertainty when the Care Experienced young person is in the UK without permanent immigration status;
• A longer-term perspective plan should the Care Experienced young person be granted long-term permission to stay in the UK (for example through the grant of Refugee Status); and
• A return to their country of origin at any appropriate point or at the end of the immigration consideration process, should that be necessary because the Care Experience young person decides to leave the UK or is required to do so.

Access to Public Funds

Options will be dependent on immigration status, and considered as part of triple planning in the Pathway Plan which is tailored to each young person’s needs and circumstances.

Having 'no recourse to public funds' does not prevent a person from accessing other publicly funded services, but many of these will have eligibility criteria based on immigration status which will need to be considered (see NRPF Guidance - What are not public funds?).

13. Further Information

Legislation, Statutory Guidance and Government Non-Statutory Guidance

Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance for Local Authorities, November 2017

Assessing Age for asylum applicants: caseworker guidance March 2023

Age assessment process and joint working: caseworker guidance

Statutory Guidance Modern Slavery: How to Identify and Support Victims

Safeguarding Children who May Have Been Trafficked (Home Office, 2011) - non-statutory government good practice guidance.

Interim Guidance for Independent Child Trafficking Guardians

Independent Child Trafficked Guardians Referral Form - in areas where the ICTG service has been implemented, if the first responder considers a child to be a potential victim of modern slavery, they should refer them to the ICTG service by completing the online referral form.

Modern Slavery Victims: Referral - guidance on referring potential victims of modern slavery/human trafficking to the National Referral Mechanism.

Modern Slavery Act 2015

National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children - national transfer procedure on transferring unaccompanied asylum seeking children (UASC).

Cross-border child protection cases: the 1996 Hague Convention (DfE) - guidance for local authorities dealing with international child protection cases.

Guidance on Processing Children's Asylum Claims - sets out the process which immigration officials follow in determining an asylum claim from a child and the possible outcomes for the child.

Guidance – Permission to stay on a protection route for asylum claims lodged on or after 28 June 2022

Good Practice Guidance

ADCS Age Assessment Guidance provides good practice guidance to help frontline social workers conduct age assessments of unaccompanied children seeking asylum in the UK. It contains practical advice on preparing for, and conducting, age assessments, as well as addressing related issues such as trafficking, trauma and memory, and legislation and case law.

It forms part of a suite of publications including:

• ADCS and Home Office Age Assessment Joint Working Guidance;
• Information Sharing Proforma;
• Age Assessment Information Sharing for Unaccompanied Asylum Seeking Children: Explanation and Guidance.

See also Age Assessment Process and Joint Working: Caseworker Guidance - immigration staff guidance on how the Home Office and local authorities in England assess age disputes from applicants claiming to be a child.

See also BASW Age Assessment Practice Guidance.

Refugee and Unaccompanied Asylum Seeking Children and Young People: Guidance for Paediatricians (Royal College of Paediatrics and Child Health)

Useful Websites

Local Government Association - Council Support: Refugees, Asylum Seekers and Unaccompanied Children - resource for council staff, designed to answer questions about supporting refugees, asylum seekers and unaccompanied children.

UK Modern Slavery Helpline and Resource Centre - Unseen (Registered Charity)

Refugee Council

Refugee Council - Children's Panel - national remit to offer advice and support to unaccompanied children, and advise other professionals who are involved in their care.

Coram Migrant Children’s Project – includes guidance and fact sheets.