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1.1.9 Unaccompanied Asylum Seeking Children Policy

RELEVANT LEGISLATION

Section 17 and Section 20, Children Act 1989

Children Leaving Care Act 2000

Children's Act 2004

Care Planning Regulations and Associated Guidance April 2011

SCOPE OF THIS CHAPTER

The scope of this Chapter is to outline Lincolnshire County Council, Children's Services Policy in relation to an Unaccompanied Asylum Seeking Child (UASC).

This Policy should be read in conjunction with the Unaccompanied Asylum Seeking Children Procedure.

An Unaccompanied Asylum Seeking Child (UASC) is defined as someone who:

  1. Is, or (if there is no proof) assessed, to be, under eighteen;
  2. Is applying for asylum in his or her own right;
  3. Has no adult relative or guardian to turn to in this country.

AMENDMENT

This chapter was updated in March 2012, see bullet point 4.


  1. Asylum seeking young people come to this country by a variety of means;
  2. The UK Border Agency will deal with adult asylum seekers and their families. UK Border Agency has no remit for UASC's and the Home Office is content for them to be dealt with by Children's Services Authorities;
  3. The Children Act 1989 applies in the case of UASC's and support for UASC's is the responsibility of Children's Services, acting in partnership with health and education colleagues;
  4. It is expected that UASC under the age of 16 will be Accommodated under S20. UASC aged 16 or 17 may be supported in semi-independent and afforded ‘Former Relevant Child Status’ (unless there is an assessed reason not to do so);
  5. The Social Worker will age assess the young person and confirm that he/she is under 18 years of age. If the young person does not have papers which prove his or her age, the Social Worker will carry out an Age Assessment. This will involve an assessment of the young person's emotional and physical maturity;
  6. If the Social Worker decides the young person is over 18 then no further involvement is required by Children's Services and the young person will be referred to UK Border Agency;
  7. If the Social Worker decides the young person is under 18 the Social Worker will assign/assess a date of birth;
  8. In due course, in all but the most exceptional cases, the young person will be granted temporary leave to remain in this country. The leave will be for three years or until the young person reaches 18, whichever is the shorter;
  9. An Initial and a Core Assessment should be carried out. An interpreter should be used unless the young person has a good command of English;
  10. When deciding on placement, due account should be given to cultural, religious and language factors. The need for education, emotional support and medical oversight should also be taken into account;
  11. Some young people may claim to have relatives who will care for them. These claims should be fully explored and, if appropriate, the young person should be allowed to live there. The Social Worker should explore assessments in relation to Kinship Care Connected Person, Private Fostering, or SGO. See Private Fostering Procedure;
  12. The Local Authority is able to claim Grant Support from the Home Office to offset some of the costs of dealing with UASC's. It is therefore important that the finance section is informed of any UASC who is being supported so that a claim can be made. Claims cannot be made for children placed with relatives but the finance section should still be informed for monitoring purposes. 

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