Unaccompanied Asylum Seeking Children

Since 26th July 2021, Nottinghamshire County Council participated voluntary within the National Transfer Scheme [NTS] Rota within the East Midlands. However, from November 2021, the NTS Rota Scheme for local authorities became mandatory. There is no current identified end to the mandate of this scheme.

Over the last few years, there has been an unprecedented number of migrants and asylum seekers arriving in Europe, the UK and specifically at the Kent coast, many of which are identified as being UASC. Co-ordinated by the East Midlands Strategic Partnership, Nottinghamshire Social Care alongside the 9 other Local Authorities made up of Nottingham City, Derbyshire, Derby City, Leicestershire, Leicester City, Lincolnshire, Northamptonshire North, Northamptonshire East, and Rutland have been asked to engage with a regional allocation of UASC.  The new NTS Rota was launched on 26th July 2021 and is designed to distribute UASC across the UK in a fairer way. In the main, it disperses young people under 18 who have already arrived in the UK, usually through the port of Dover (Kent) to different regions across the UK on a rota-based system. From November 2021, the NTS was mandated by the Home Office. The East Midlands are currently allocated UASC on the NTS which need to be accommodated by an East Midland’s local authority. The current process under the scheme is for the Regional Lead Officer from East Midlands Council’s to contact the UASC Leads in the relevant Local Authority area directly via email, to notify of UASCs requiring transfer under the mandated NTS.

The LA Leads for Nottinghamshire County Council are:
Wendy Rylands (UASC Team Manager) wendy.rylands@nottscc.gov.uk
Matt Wesson (Children’s Service Manager/UASC Lead CSM) matt.wesson@nottscc.gov.uk
Rachel Stimson (Children’s Service Manager) rachel.stimson1@nottscc.gov.uk

The Business Support for Nottinghamshire’s UASC Team is: uasc@nottscc.gov.uk

The Lead Officer (East Midlands Councils) is identified as:
Matthew Clarke matthew.clarke@emcouncils.gov.uk

The Lead Officer (East Midlands Councils) will email a Welfare Form or the Unique Unaccompanied Child Record (UUCR) of the UASC allocated to Nottinghamshire and waiting to be transferred to the LA Lead Professional(s) with the expectation that the Local Authority is able to accept responsibility of the UASC and will enable a transfer to the care of Nottinghamshire County Council within 5 working days (new guidance from Aug 2022). The LA Lead will review the referral and identify any concerns to the Lead Officer (East Midlands Councils).

Prior to this decision being made, a consultation will take place within our Supported Accommodation Provision and/or the Placements Team to ascertain available and suitable resources/placement(s) and alert to the pending transfer of the UASC.

Once a suitable placement is identified, the LA Lead Professional will inform the Lead Officer (East Midlands Councils) who in turn will confirm this with the NTS Rota Home Office Lead.

The UASC Team will take responsibility for adding the NTS UASC to Mosaic and completing a new MASH Enquiry using the information from the Welfare Form/UUCR and this is progressed through to the completion of the Child and Family Assessment with the outcome of Set Up A Looked After Placement. At the same time, a placement search should be initiated using the information contained in the Welfare Form/UUCR.

A placement search will be completed as follows:

• For those identified as being 16+ then the completion of the Request for 16+ Supported or Emergency Accommodation (A1) form should be completed;
• For those identified as being 15 years or under then completion of Placement Request for Looked After Child should be completed;
• For those where there is an age dispute identified by the Home Office as part of the mandatory NTS, then suitable accommodation options will be considered to best safeguard both the presenting UASC and other children who may be in placement. An age assessment will then be considered by the receiving local authority if upon the NTS transfer being completed.

If there are identified needs that require a 16+ UASC to be in a fostering placement, then this can be agreed with the LA Lead prior to completing the placement request.

Once a suitable placement is identified then this information needs confirming and sharing with the Home Office via the Lead Officer (East Midlands Councils). At this point it will also need to be confirmed that date that the placement is available, the contact details of the placement (including the address), the details of the UASC Team allocated Social Worker (name, email and contact number) and a date which it has been agreed the transfer of care of the UASC will take place with Nottinghamshire County Council.

The allocated UASC Social Worker for Nottinghamshire will then receive confirmation details from the Home Office/Entry Local Authority to confirm the transfer arrangements of the UASC to the designated placement (including expected time of arrival). It is the responsibility of the Home Office/Entry Local Authority to facilitate and provide appropriate and safe transport arrangements for the UASC to the placement identified by Nottinghamshire County Council.

The UASC Team Social Worker for Nottinghamshire will then meet the UASC, foster carer/placement provider, interpreter (provided by Nottinghamshire County Council) and any other appropriate professionals at the arrangement placement at the time of arrival.  The Looked After Child process of a Placement Planning Meeting within 72 hours and notification to the Independent Reviewing Officer will be initiated.

In addition, prior to the 72-hour Placement Planning Meeting, the UASC Team Social Worker will need to complete the County UASC - Information from Social Care before the Initial Health Assessment (IHA) Form, which replaces BAAF IHA form and send to appropriate health professionals.

If there are concerns around the transferring UASC's age following acceptance of responsibility by the Receiving Local Authority (in this case Nottinghamshire) then consideration should be made into conducting a full Merton Compliant Age Assessment. The main duty to complete this will be with Nottinghamshire's UASC Team, with a UASC Team Social Worker being identified as the lead Social Worker. At times, demand may require assistance from the Assessment Team around supporting the lead UASC Team Social Worker. Any support requests will be made by the UASC Team Manager to the relevant Assessment Team Duty Team Manager.

It is unlikely that there will be further referrals around Dublin III due to the UK no longer being a member of the EU.  However, some UASCs prior to or when reaching the UK will identify that they have family members already residing within a UK Local Authority. If there is an UASC who prior to or after arriving in the UK identifies that they have family members in Nottinghamshire, then they should be referred to the LA Lead Professional in Nottinghamshire via the Lead Officer (East Midlands Councils). If a referral is received from the Home Office directly to the MASH, then this should be notified to the LA Lead Professional and UASC Team.

A viability assessment (during the completion of a Child and Family Assessment) will need to take place on the identified family members to see if this is an appropriate arrangement for the UASC.  This will be led by the UASC Team and the UASC Team Social Worker will be the lead in completing both the Child and Family Assessment and the Dublin III Viability Assessment.  If the viability assessment is deemed appropriate, then the family are able to make arrangements for the child to be collected by them and reside in their care. As the child is not unaccompanied then they would not be classed as an UASC and therefore not be accommodated under Section 20 (Children Act 1989). This would be identified as a private family arrangement and so there would be no further involvement by Nottinghamshire Social Care unless identified that there is a need for services under Section 17 (Children Act 1989) or further Child and Family Assessment.  Any ongoing support would then transfer to the relevant District Child Protection Team.

If the family members are not identified as being viable for caring for the UASC following the Dublin III Viability Assessment, then unless there are any alternative family accommodation options, then the child will remain being identified as an UASC and will be accommodated under Section 20 (Children Act 1989) by Nottinghamshire Social Care and support will continue within the UASC Team.  The usual process for look after children will then be followed.

On the completion of the Dublin III Viability Assessment the outcome will need to be notified to the LA Lead Professional and the appropriate finance officer to claim for the appropriate Home Office grant for the completion of a Dublin III Viability Assessment.

The Welfare Form/UUCR contains information about the UASC’s claimed age and the Entry Local Authority’s initial observations. If there is a dispute with these ages, then it is a decision for the Receiving Local Authority as to whether to accept the UASC’s claimed age or to undertake an Age Assessment at the point of accepting responsibility for the UASC. If an Age Assessment needs to be completed then procedures on completing Age Assessments (see Section 4, Age Assessments) should be followed. The same decision can be taken by the receiving local authority (Nottinghamshire Social Care) in relation to any Dublin III cases.

If an UASC goes missing from the care of either the Entry or Receiving Local Authority, then the responsible Local Authority should follow Department for Education (DfE) statutory guidance on children who run away or go missing from home or care January 2014.  The UASC should be reported missing to the police of the local area and the Local Authority. All available information (including biometric information) should be shared with the police and the local authority without delay.  There is also a shared East Midlands Strategic Partnership protocol on missing UASC within the East Midlands that should be referred to (see Appendix D)

Where a child arrives ‘unaccompanied’ in the UK, and after being accommodated by Nottinghamshire Social Care they then declare the presence of a responsible adult in Nottinghamshire or another Local Authority, and the responsible adult is willing and able to care for them, and it is assessed as being in the best interests of the child to be reunited with them, the responsible Local Authority will make arrangements to move the child to live with the adult.  Usual child protection, viability and/or Placement with Parents assessments will be undertaken by the UASC Team.  At the point where a child is reunited with family members then they cease to be a Looked After Child and should be discharged from s20 care following the processes for all children and young people discharged from s20 looked after care status.  If there are continuing support needs (including financial) to enable the adult to care for the child(ren), then ongoing support may be required and will be provided by the relevant District Child Protection Team.  If there are issues around the adult having No Recourse to Public Funds (NRPF) then the NRPF Policy and Procedures should be followed.

Statutory guidance on the care of UASC states that:

‘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’s assessment of unaccompanied or trafficked children’.

The phrase “significant reason to doubt that the claimant is a child” has led to considerable discussion amongst professionals involved in Age Assessment practice. What one social worker deems a “significant reason” may differ from another social worker’s opinion the ADCS interpretation of this guidance is that a full Age Assessment should not be carried out on every person approaching a Local Authority seeking support but should be used to ensure that appropriate services (including education) are offered. To be able to assess the needs of a child, the social worker must be satisfied that the individual is a child, but children should not be subjected to multiple assessments for administrative purposes only. A social worker should be clear what the “significant reason” is to doubt the age, and this should be conveyed to the person claiming to be a child.

This guidance is also relevant where all parties accept that the person is a child but where the exact age is not clear. Many UASC will not be able to provide evidence as to their age, and some may not even know their own chronological age. However, for any individual in the UK to receive services including health, education, and identity documents, they will require a date of birth. Any assessment should be limited to the minimum necessary to ensure the UASC receives the appropriate services and educational support for their age and development.

In other circumstances, the child or young person will be able to produce clear information about their age, for example, from documents or from reference to education.

In most cases the need for an Age Assessment will be identified when a person is newly arrived in the UK and is claiming to be under the age of 18 years, but with no identification to confirm this and there are concerns around the accuracy of the stated age/date of birth. In such cases, the Local Authority in partnership with Nottinghamshire Police will aim to follow the ethos of Operation Innerste as a response.  In addition, the Local Authority will aim to complete all assessments within 28 days, and where unable to do so, need to notify the Home Office of reasons for any delay within 28 days.

Emergency Duty Team (Out of Hours Service)

• Emergency Duty Team Social Workers are not allowed to complete full Merton Compliant Age Assessments. If an UASC presents during EDT response hours, then an EDT Social Worker should visit the presenting UASC following Operation Innerste and complete an initial assessment of age to identify whether they think the young person is or presents as being under 18 years of age;
• If the EDT Social Worker believes the presenting UASC is under 18 years old, then a suitable emergency placement should be found and temporary looked after status until this can be transferred to daytime services. The Model Information Sharing Proforma (MISP) is not required to be completed by EDT;
• If the EDT Social Worker is unsure whether the presenting UASC is under 18 years old, then a suitable emergency placement should be found and temporary looked after status until this can be transferred to daytime services. The Model Information Sharing Proforma (MISP) is not required to be completed by EDT;
• If the EDT Social Worker believes that the presenting UASC is under 15 years, then an emergency foster placement would be the most suitable. If the EDT Social Worker believes that the presenting UASC is aged 16 or over, but potentially under 18 then emergency accommodation via our Supported Accommodation Providers (SAP) should be sought.
• If the EDT Social Worker believes the presenting UASC is over 18 years old then the Model Information Sharing Proforma (MISP) is required to be completed by EDT and shared with Nottinghamshire Police, the presenting UASC and the Home Office via EMLITDutyOfficer@homeoffice.gov.uk. Any actions undertaken by EDT around UASC should be alerted to the UASC Team on uasc@nottscc.gov.uk.

Daytime Services

• If the presenting person claims to be an age under 18 years and there is no dispute around the claiming age/date of birth (for example the young person is claiming to be 16 years and it is believed that they may be 16 years), then the UASC Team will be notified and will accommodate under s20 (CA 1989) and arrange a 72-Hour Placement Planning Meeting and gather information to formally agree/disagree with the UASC’s presenting date of birth/age;
• If the presenting person is deemed to be under 18 years of age but there is still a dispute around the claiming age/date of birth (for example the young person is claiming to be 13 years but it is believed they may be 16 years), then the UASC Team will accommodate under s20 (CA 1989) and arrange a 72-Hour Placement Planning Meeting and a full Merton Compliant Age Assessment will then be undertaken and completed within 28 days;
• If the presenting person is claiming that they are under 18 years of age, and this is disputed by Nottinghamshire Social Care, but it is not clear that the young person is significantly older than 18 years, then temporary accommodation will be provided and arranged by the assessing team and a full Merton Compliant Age Assessment will be completed within 28 days. Once the Age Assessment is completed, if the person is identified as a child, then they will be accommodated under s20 (CA 1989) (backdated to the point of presentation to Nottinghamshire Social Care) and a 72-Hour Placement Planning Meeting will be held;
• If the person is deemed as being aged 18 or older at the conclusion of the Age Assessment process by the assessing team, then the Model Information Sharing Proforma (MISP) should be completed and shared with the Home Office via EMLITDutyOfficer@homeoffice.gov.uk to arrange transfer of the person to Home Office accommodation and support.
• If there is a legal challenge to a decision made by Nottinghamshire Social Care in relation to a person’s age, then the LA Lead Professional will lead any discussion(s). If it is identified that a review of the Age Assessment or a new full Merton Compliant Age Assessment is required, then it is the responsibility of the UASC Team to either review the previous Age Assessment or refer to the National Age Assessment Board (NAAB).  During any challenge to Age Assessments, then it may require for temporary accommodation to be provided and arranged with the aim of the process being completed within 28 days.  Further discussions with Nottinghamshire County Council’s Legal Services will be required in these cases;
• If there are concerns around UASC’s age whilst they are already identified as being accommodated by Nottinghamshire Social Care, then it may be appropriate for an Age Assessment to be reviewed or a new full Merton Compliant Age Assessment completed either by the UASC Team or via a referral to the NAAB. The LA Lead Professional(s) will lead the decision in these circumstances.

When an UASC is accommodated by Nottinghamshire Social Care, then the UASC Team will check their details are entered or known on the NRPF Connect database.  This is to speed up communication and check status or response actions from the Home Office in relation to the young person’s asylum claim.

This term is used in relation to UASC. The Merton judgment was handed down by Burnton J in the High Court on 14th July 2003 and gives 'guidance as to the requirements of a lawful assessment by a local authority of the age of a young asylum seeker claiming to be under the age of 18 years'. All Local Authorities are required to follow the Merton judgment, to ensure that their Age Assessments are full and comprehensive, and that the process for assessing age is clear, transparent, and fair.

The National Age Assessment Board (NAAB) can be accessed by Nottinghamshire County Council, primarily via the UASC Team to undertake an Age Assessment on behalf of Nottinghamshire County Council.  This is likely to be in cases where there is a current legal challenge or dispute around the young person’s stated and presenting age.  If the NAAB are referred to, then the Local Authority is required to accept their decision following their Age Assessment.  However, if the NAAB identify the young person presenting is an adult, then any legal challenge will be responded to by the NAAB and not Nottinghamshire County Council.  Any decisions around referring to the NAAB for completion of an Age Assessment will go via the LA Lead Professional(s).

Care of unaccompanied migrant children and child victims of modern slavery (DfE) identifies 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 to receive immediate access to assistance, support and protection in accordance with Section 51 of the Modern Slavery Act 2015. The National Referral Mechanism (NRM) is a framework for identifying victims of human trafficking and ensuring they receive appropriate care. A range of agencies may be involved in a trafficking case such as the police, the UK Border Agency (UKBA), local authorities and non-governmental organisations such as charities. A UK competent authority (known as “first responders”) should refer to the NRM if it is identified that the person is a potential victim of trafficking or modern slavery.  A first responder is identified as the Police, the NCA, UK Border Force, Home Office Immigration and Visas and Social Care. The NRM referral can be accessed via Modern slavery victims: referral (GOV.UK).

The East Midlands now has access to the Independent Child Trafficking Advocacy Service and so a referral should be made if the presenting UASC is suspected of being a victim of trafficking (separated from country and family for the purposes of exploitation).  A referral can be made to ICTA prior to the full completion of the NRM process and should be made via the 24/7 professionals support telephone service: 0800 0434303.  If a child is not allocated to an ICTA then consideration should be for a referral to the Independent Advocacy service for Nottinghamshire County Council.

Full Merton Complaint Age Assessments should only be carried out where there is no documentary evidence of the child’s age, and there is a concern that the age being stated by the person presenting is inaccurate, doubtful, or not believable. If, the presenting person is believed to be the age that they are stating, then a full Merton Complaint Age Assessment would not be required. However, it is recommended information is gathered to complete a brief Age Assessment alongside the Child and Family Assessment and to include a rationale of why they are accepting the stated age/date of birth. It is imperative than when a full Age Assessment is being conducted, that they must be Merton Compliant.

Determining a person’s age between fourteen and eighteen years of age is not an exact science and there is no statutory procedure or guidance on how to conduct an assessment of a person claiming to a minor. However, in R(B) v Merton LBC [2003] EWHC 1689 (Admin), Justice Burnton issued ‘guidance as to the requirements of a lawful assessment by a Local Authority of the age of a young asylum seeker claiming to be under the age of eighteen.’ Other than in clear cases, it states that age cannot be determined on appearance alone, an assessment must be carried out based on personal history as well as ethnic and cultural information, social services must not simply adopt the decision of the Home Office or any other professional and the decision maker must give adequate reasons for a decision that an applicant claiming to be a child, is not a child.

If presented with identity documentation as part of the evidence to prove age, then the Local Authority must seek Home Office assistance with verifying the authenticity of identity documents e.g., travel documents or a birth certificate. See Age Assessment Guidance and Information Sharing Guidance for UASC (ADCS) for further information and contact details for local authorities.

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

A full Merton Compliant Age Assessment must be completed by two Social Workers with at least one having competence and experience of undertaking Age Assessments or working with UASC.

Social Workers should assess from a holistic perspective, and in light of the information available. It is a process of professional judgement and a particularly sensitive issue involving many variables; not least the Social Worker’s ability to understand the cross-cultural issues that might apply. 

In order to ensure the full Age Assessment is Merton Compliant then it is recommended that the assessment processes is completed across a recommended 2 – 3 planned sessions, in the presence of person claiming to be an UASC as well as the two assessing Social Workers, Independent Advocate and Interpreter.

The assessing Social Workers should explain their role clearly to the person being assessed. Attention should be paid to tiredness, trauma, bewilderment, and anxiety of the person being assessed. It is important to be mindful of any 'coaching' that they may have been exposed to prior to arrival in the UK in respect of how to behave and what to say to professionals. It is important to engage with the person being assessed and establish as much rapport as possible.

Assessing Social Workers should inform the person being assessed that they will have to answer many questions and that it may be difficult and distressing to answer some of the questions. It may be decided to cover particular topics or areas of the Age Assessment across the number of assessment sessions. Social Workers should use open-ended, non-leading questions. The use of circular questioning is a useful method, as it is less obvious to the person being assessed that the questions relate directly to age, and hence may reveal a clear picture of age-related issues.  It is recommended that one Social Worker takes the lead in asking the questions within the assessment session, and the other takes note of the questions being asked, and the responses of the person being assessed.  All notes taken during the Age Assessment process should be kept, dated, and signed (by both assessing professionals and where possible, the presenting person, and the Independent Advocate) and uploaded to Mosaic as an accurate recording of the assessment sessions.

In determining age, note should be made that some societies do not place a high level of importance on age and may calculate it in different ways. Some people will genuinely not know their age, and this can be misread as lack of co-operation. Levels of competence in some areas or tasks might not mirror our expectations of a child of the same age.

It is essential to feed back to the person being assessed the conclusion of the assessment and give them an opportunity to respond to the outcome.  This will be referred to as a “Minded To” meeting, where following the conclusion of the Age Assessment, the presenting person will be met by both assessing Social Workers, Independent Advocate and Interpreter and the outcome and rationale of the outcome is explained and why Nottinghamshire Social Care are ‘minded to’ make the decision that has been made.  This should be a further opportunity for the person to amend any information they believe has changed or is incorrect or offer an explanation to Nottinghamshire Social Care in respect of the analysis and rationale of the decision made.  If following the Minded To Meeting, the decision is that the person presenting is an adult then the Model Information Sharing Proforma (MISP) should be completed and shared with the Home Office via EMLITDutyOfficer@homeoffice.gov.uk to arrange transfer of the person to Home Office accommodation and support.  This is also an opportunity for Nottinghamshire Social Care to identify any other statutory or voluntary support services that may be available to the presenting person.

There is no requirement to complete an Age Assessment for a child if they have documentation stating their age or date of birth. However, documentation maybe false, and so status as a Looked After Child will be issued whilst verification of the documents is sought via the National Document Fraud Unit (NDFU). If the document is authenticated, then the status quo remains. If discovered to be suspected as false documentation, then an Age Assessment will be completed by the assessing team and if it is deemed that the person being assessed is 18 years or over then the Model Information Sharing Proforma (MISP) should be completed and shared with the Home Office via EMLITDutyOfficer@homeoffice.gov.uk to arrange transfer of the person to Home Office accommodation and support.  This is also an opportunity for Nottinghamshire Social Care to identify any other statutory or voluntary support services that may be available to the presenting person.

If a person does not have documentation and is stating that they are under 18 years of age, and it is believed that although under 18 years, they are likely to be older or younger than what they are claiming, then they should be issued with temporary accommodation and a full Merton Complaint Age Assessment completed by the assessing team.

Following the completion of the Age Assessment the person being assessed has the right to legally challenge the conclusion. If a person is assessed as being over 18 years, then they should be given a copy of the Model Information Sharing Proforma (MISP) and be advised that they are able to seek independent legal advice if they disagree with the outcome.

For the people stating that they are under 18 years, but it is clear they are aged 18 years or older, then an Age Assessment will not need to be completed. However, a Model Information Sharing Proforma (MISP) should be completed and shared with the Home Office via EMLITDutyOfficer@homeoffice.gov.uk to notify them of the need for Home Office accommodation and support.  Once completed, there is no further role for Nottinghamshire Social Care Children’s Services.

If there is a legal challenge to a decision made by Nottinghamshire Social Care (where there is no new information being provided), then this should be notified to the LA Lead Professional(s).  If will then be determined by the LA Lead Professional(s) whether a full Merton Compliant Age Assessment is required and whether this will be completed by the UASC Team or via a referral to the NAAB.  If an Age Assessment is deemed necessary, then it may be required for temporary accommodation to be provided during the process being completed within 28 days.  Further discussions with Nottinghamshire County Council’s Legal Services and the East Midlands Strategic Migration Partnership Immigration Solicitor will be required in these cases.  If there is a challenge to the outcome of an age decision made prior to the presenting person being in the care Nottinghamshire Social Care, then duty to assess will remain with the Local Authority where the person had their first Age Assessment decision.

As far as admission to school or college is concerned, UASCs have the same rights as any other Looked After Child in Nottinghamshire.

We are committed to ensuring that all UASC who are looked after in Nottinghamshire should have access to education provision. However, we recognise that there are unprecedented demands on suitable educational pathways such as English for Speakers of Other Languages (ESOL). Therefore, the UASC Team will work alongside our partners in the Virtual School, Achievement Service, Youth Service, Health, Accommodation Providers and any other relevant agency to help engage UASC in education and training provision at the earliest opportunity.

When an UASC is admitted to care or moves care placement a Personal Education Plan (PEP) or Employability Assessment PEP (for 16/17 year olds) should be completed within 28 days of coming into care and reviewed every three months (termly). This PEP/EAPEP is initiated by Children’s Social Care but is contributed to by the school, Behaviour Support Service, carers, and any other appropriate professionals. The child/young person also has a major input into this plan and is consulted on identified short, medium and long-term targets. If the UASC has Special Educational Needs (SEN) or behavioural difficulties, Individual Education Plans (IEP)s and Pastoral Support Programmes (PSP)s aimed at addressing difficulties and maintaining mainstream provision are set up and included within the PEP.

All UASC will have access to support via the Virtual School and those identified as 16/17 years old, via the Achievement Service’s 16/17-year-old Achievement Adviser.  For those former UASC care leavers, then they will be able to access support and the Achievement Offer via their Leaving Care Achievement Adviser.  For further information then email achievement@nottscc.gov.uk.

• The majority of UASC will feel isolated without family or friends in this country;
• The potential for making contact with birth family in country of origin;
• Educational attainment will vary greatly, depending on their country of origin, previous formal education and fluency in speaking and comprehension of English;
• Health problems may not have been diagnosed due to limited health services in their country or origin;
• Referral to health services (Looked After Child Heath Review) by completing the County UASC - Information from Social Care Before the Initial Health Assessment (IHA) (replaces BAAF IHA) Form (see Appendix A: Actions Required Before 1st LAC Review).
• Experience of prejudice against asylum seekers;
• Feelings of uncertainty and anxiety whilst their claim for asylum is considered;
• The UASC may have suffered torture and be traumatised by this abuse;
• It is useful to have background information about the UASC’s country of origin;
• Planning and preparation for possible return to country of origin.

All Looked After Children may experience difficulties because of their situation, the combination of the above factors can only compound the specific vulnerability of UASC.

The UASC should be offered an Independent Visitor and, if they decline, their reasons should be recorded. Any Independent Visitor appointed should have appropriate training and demonstrate an understanding of the needs faced by UASC.

In addition, UASC should be informed of the availability of the Assisted Voluntary Return Scheme.

Nottinghamshire Social Care and the British Red Cross will work together in an agreed process, if a UASC or former UASC care leaver wishes to access the International Family Tracing (IFT) Service.  Referrals to IFT should be an optional choice to be decided by the young person and should not be a “statutory” action that Social Care take.  This is due to the British Red Cross not processing any family tracing if this is against the wishes of the child/young person.  However, discussions with the UASC or former UASC Care Leaver should take place regularly by their allocated UASC Social Worker and/or Personal Advisor so they are aware of their choices around family tracing.

The UASC Social Worker and/or Personal Advisor (PA) can refer to the British Red Cross IFT Service (via completion of a standard referral form) and should identify that the young person is either a looked after child or a care leaver to initiate this joint agreed process.  All UASC and former UASC Care Leavers will have a minimum of 2 appointments with the British Red Cross (as opposed to the usual one session).   When responding to the initial request by Social Care, the IFT Service will provide a briefing sheet for the UASC Social Worker/PA to share with the young person to help prepare them for the process.  The first session with IFT will be for the young person and their UASC Social Worker/PA to attend and have the process explained to them in order to prepare them for what is going to be asked, what will be done by the IFT Service and the possible outcomes of this. From this meeting, Social Care can help identify some of the emotional issues that this may have for the young person.  The UASC Social Worker/PA will seek advice/services from health, around what provision can be in place to support the young person and Social Worker/PA around any possible emotional or mental health issues/needs.

The second session is the IFT interview and so this will be something that the UASC Social Worker/PA can accompany the young person to, but would not, as standard, be included within the interview process.  The role of the UASC Social Worker/PA is to help facilitate the young person getting to the IFT venue, and be present post-interview, for if the young person needs some post-interview emotional or practical support.

The British Red Cross do not share the outcomes of the tracing with third parties (including social care) unless there is a safeguarding issue.  However, they will notify the UASC Social Worker/PA to when they are going to contact the young person with an update or outcome of the family tracing process, so that Social Care are aware of what support may be required.  The British Red Cross will also complete a follow-up contact with the young person to offer support around emotional health and well-being. If there are significant concerns around the young person’s response to the interview or update/outcome information, then the British Red Cross will seek advice and request access to their own internal psychiatric support services.

For further information or to request a IFT referral form then email: IFTNottsandDerby@redcross.org.uk

Most young people provided with care from Nottinghamshire County Council as an UASC will fall under category 3.1. Therefore, at or after age 18, their asylum may have been determined and subsequent appeals concluded. For those UASC who gain an Indefinite Leave to Remain or Refugee status, they will continue to receive services under the Children (Leaving Care) Act 2000 and the Children and Social Work Act 2017 around the Care Leaver Offer up to their 25^th birthday.

Those who have a failed asylum application and who are identified by the Home Office as Appeal Rights Exhausted (ARE) do not have status in the UK and are likely to be identified as having a No Recourse to Public Funds (NRPF) status. The No Recourse to Public Fund policy, procedure and guidance should be followed in these cases as these former UASC will need to be assessed for any continued right to services. The Immigration Act 2016 identified that failed asylum seekers who were former UASC that are ARE status with the Home Office, no longer have entitlement to continuing services under the guidance of the Children (Leaving Care) Act 2000 or the Children and Social Work Act 2017 around the Care Leaver Offer up to their 25^th birthday.

Before services from Nottinghamshire Social Care are withdrawn, there should be a Human Rights Assessment completed to identify whether the withdrawal of services would lead to a breach of Article 3 or Article 8 of the Human Rights Act. The former UASC should be informed in writing (translated if appropriate) of the intention to end support with 12 weeks’ notice and conduct a Human Rights Assessment, how it will be done and who will be consulted, and a reasonable timescale should be set. This would usually be achieved within four weeks. If the outcome of the assessment is that the withdrawal of services will not lead to a breach of a young person’s human rights, there will remain the continuation of the initial 12-week notice will be given to advise the young person of the withdrawal of support. Existing support with accommodation and allowances will continue throughout this period and the young person will be advised regarding alternative avenues of advice and support such as the Refugee Council and application to Asylum Support (via the Home Office).

Asylum Support through UKVI (formally the National Asylum Support Service)

Young people who are entitled to Asylum Support (formerly NASS) when they turn 18 include:

• Young people who do not have a decision on their initial asylum application (usually affects those who have arrived within 2 months of their 18^th birthday);
• Young people who have an outstanding appeal against an outright refusal of asylum but only if they have not been granted any other form of leave, such as a period of discretionary leave;
• Young people who have applied for an extension of Leave To Remain ‘out of time’, i.e. after their leave has expired, and their asylum claim is being treated as a ‘fresh application’ by the Home Office (this decision is not made by Asylum Support).

Young people who have Refugee Status, Humanitarian Protection or Discretionary Leave to Remain (including those who are applying for an extension in-time or are appealing a refusal of extension) will be entitled to apply for mainstream benefits and therefore are not usually identified as having No Recourse to Public Funds status.

If the young person is not receiving leaving care support, then they will be transferred from Social Care Services support to Asylum Support on their 18th birthday - if they fit the Asylum Support criteria and receive subsistence and accommodation directly from Asylum Support. These young people may be dispersed by Asylum Support. However, if they are receiving some support from Nottinghamshire Social Care as ‘qualifying children’, then it should be possible to argue for the young person to remain in the area where they are receiving this support.