Age assessments for unaccompanied asylum seeking

mount up opinions for stranded psychiatric hospital seekingDISSERTATIONAge assessments for entirely creation seeking fryren constitution, law and implications for sociable die hard.AbstractMethodologyLiterature ReviewChapter One IntroductionChapter Two Unaccompanied insane refuge SeekersChapter Three Age perspicacity Policy, Legislation and PracticeChapter Four Conclusion and Recommendations.Unaccompanied resort seeking tykeren arrive in the UK seeking refuge from often-horrific events in their home countries. The solution of both subject argona political relation and local anesthetic anesthetic governance to this influx has been largely unsatisfactory with campaigners arguing that the focus has been on cutting costs and removing offspring founding seekers rather than providing them with the c argon that they are entitled to. This study suggests that policy and practice around come on assessment is central to this argument. There is significant evidence tha t local authorities are pressurising social workers to era assess children as older than they are in order to save them money. The haphazard way in which climb on assessments bewilder usually been carried extinct only serves to encour senesce this behaviour. Even without fiscal pressure, the lack of a standard approach to mount assessment is also leadership to inconsistencies when years assessments are effect into practiceThe focus of this oratory has been to analyse how, why and when age assessments are used in processing unaccompanied founding seekers and examine whether the process is fair and consistent. The methodology has primarily to adopt secondary sources and evaluate evidence from as wide a range of viewpoints as thinkable. The dissertation has been aimed towards a conclusion that the legitimate process is unsatisfactory and has attempted to deliver recommendations that could improve the process.Literature for this dissertation has been ga in that locationd fro m a combination of academician books and journals, g overnment publications, reports produced by independent agencies and articles from newspapers and magazines including The defender and Community Care.One of the most detailed reports on the subject of assessment is the 2007, When is a child non a child? Asylum, age disputes and the process of age assessment by Crawley. Much of the factual detail about the actual mechanics of age assessment has been gathered from this source.Of academic journals, the articles written by Kohli have been most reusable as they delivering the results and analysis from a wide range of studies around unaccompanied asylum seekers.Each year, more than or less 3000 unaccompanied children and young people arrive in the UK to seek asylum.1 Many of these are subject to age assessment to clarify that they are entitled to service available to vulnerable children in the UK. The age of people claiming to be children can be disputed by a range of professional s, from immigration officers to police and social workers.It is important to define what an age assessment actually is at the beginning of this study. An age assessment is he method used by either the UK frame up and Immigration Agency or local power social function departments to assess the age of an asylum seeker.2There is currently no method that is capable of specify the exact age of a child and the accuracy of the assessment lead often be produced within a range of two years over or below the assessment age.3 near commentators have argued that many local authorities have proactively looked to avoid the cost of looking after young asylum seekers in need and have set up control measures to keep children aged 16-18 out of the territory.4 One of the mechanisms for doing this has been attempts by social workers to stop classifying unaccompanied minor league as children. There have been suggestions that many social workers became preoccupied with attempting to assess the age of applicants rather than providing services and that such an assessment was crude exercise establish on the individual opinion of a single social worker. As Kohli writesstudies reported a growing disbelief in respect of those claiming to be beneath 18 and the treatment of anyone over 16 years as a de facto large allowed access to food and shelter but myopic else.5Professionals working in the highest echelons of childcare have expressed similar concerns, for example the Childrens Commissioner Sir Al Aynsley Green has statedAlthough radix Office Policy is for the immigration officer to get into the benefit of the doubt in favour of the applicant in borderline cases, the evidence suggests that in practice this is frequently non adhered to. The result is that a potent number of asylum seekers who are in fact unaccompanied children are excluded from the protection of domestic care regimes6Government policy from the early part of the ecstasy has been to work in partnership with loc al authorities and disperse asylum seekers of all ages around the country. The Home Office negotiated contracts with a number of authorities to fulfil and accommodate asylum seekers.7There also is evidence to support this. Central government has since 2005 looked to change the role of social work teams at ports of entry to work practically as adjuncts to the Border and Immigration Agency, deliberately narrowing the gap between immigration and social services functions. There is clearly a financial motivation for this in 2005 the 6000 unaccompanied asylum seeking children offered services by local authorities comprised less than 10% of cases yet used up or so 25% of the Home Office budget.8Social work teams have been set targets in terms of turning away age disputed asylum seekers and assessing clients claiming to be 15 as older.9This study looks at how the UK deals with unaccompanied asylum seekers and in particular examines policy and practice around age assessment. Chapter two focuses on the legislation in place and policy around it whilst chapter three looks more specifically at the age assessment processes and the general failings of the system in the UK. Chapter four concludes with recommendations on meliorate the systemUnaccompanied asylum seeking children arrive in the UK for a number of reasons. A recent study of 218 arrivals found that half came from countries undergoing armed impinge or serious disturbances and over two fifths were victims of direct or indirect persecution. Deprivation, poverty or trafficking for exploitation were other primary reasons for seeking asylum.10Dealing with asylum seeking children, either with or without their families is a growing area of social work practice yet one in which there is relatively little understanding of the needs or circumstances of such children.11In legislative terms, legislation such as The Childrens Act 1989 and The Framework for the Assessment of Children in Need and their Families remain centra l to issues around assessment and care for asylum-seeking children and they should also be included under the remit of the Every Child Matters agenda. The Children and Young populations Plan 2005 for example makes reference to joint working between housing and social care bodies to meet the housing needs of unaccompanied asylum seekers. 12For local authorities, there is a duty to provide services requirement to safeguard and promote the well-being of any children deemed to be in need under the Children Act 1989. Due to the absence of their parents, unaccompanied children are classed as vulnerable and therefore in need. The Nationality, Immigration and Asylum Act 2002 also reinforces the local authority duty to support unaccompanied minors.It is helpful to have a clear translation of what an unaccompanied asylum seeker actually is. The Immigration and Nationality Directorate definition is a young somebody under the age of 18(or who appears to be if there is no proof) who is applyi ng for asylum in his or her own right and who has no adult relative or guardian to turn to within the UK.13The age of an unaccompanied asylum seeker has historically been an important factor in respect of the limited Grant that the Home Office made available to unaccompanied minors. Prior to 2004 there were two levels of support available, with those supported under the age of 16 receiving a higher level and those first supported at age 16 or 17 receiving half that amount.14 However, a judicial review the Hillingdon Judgement carried out in 2004 has significantly increased the impact on local authorities. The judgement ruled that, except in exceptional cases, all asylum-seeking children must be do by under section 20 of the Childrens Act 1989 which classes them as looked after children. 15There is clearly an impact on service provision for both national and local government. Watters writes that the arrival of significant numbers of unaccompanied asylum-seeking children through t he port of Dover thus presented very significant challenges to social care, health and education providers in the south east. 16 Asylum seekers who after the assessment process became looked after children would be entitled to foster or residential placements, an allocated social worker and financial support. They may also have qualified for the benefits of leaving care status up to the age of 21, a further financial burden on local authorities.The motility of age then is a crucial issue for local authorities. Many young people seeking asylum do not have formalised papers or documentation confirming their age so practitioners in both social services and immigration have unenviable decisions to make.It can be difficult to draw information from asylum seeking children research shows that when they are asked about reasons for their asylum request, they try and fit their stories into the narrow format that they believe are acceptable in their given country.17This in turn can lead to scepticism amongst officials and social workers, the same research reported instances of social services personnel department being cynical about young Kosovan and African males claiming to be younger than they looked and thus worrying that their services were being exploited and their resources drained.18Ultimately, age assessment is a crucial tool for immigration officials and social workers. There are asylum seekers who try to abuse the system, so a method of asserting age is required. When the current practices serve this purpose will be discussed in chapter three.When and WhyMost age disputes in asylum cases spend when an asylum seeker first applies for asylum, commonly at their port of entry.19There is little in the way of formal assessment at this point, age disputes will be lodged primarily based on the bag of appearance, demeanour and documentation. Another issue of contention is the range of individuals or professionals that might dispute the age of an asylum seeker this can include immigrations officials, social workers or police officers. Social workers may even dispute the age of a child who had not been queried by immigration officials.Age disputes may happen several(prenominal) months or even years after a child has entered the country. Crawley quotes a case study of a young girl who had been brought into the country at a young age to be used as a domestic slave. When immigration officials became aware of her atomic number 23 years later still under the age of 16 she was age disputed before eventually taken into the care of a social services department.20In contrast, many young people, perhaps roughly who are over 18, slip through the net and are classed as minors. Many social services departments simply do not have the resources to initiate formal age assessments and have concerns about the impact of multiple interviews and assessment on young asylum seekers. As such, decisions are made not to doubt age.Policy and Legislative fram eworkHome Office policy in terms of unaccompanied minors is set out in policy documents including Policy bulletin 33, Guidance from processing applications from children and Guidance on age disputed cases 3rd ed which lays out specific procedures for professionals who dispute a claimants age and believe that it is an adult claiming to be a child.One of the most interesting aspects of policy and perhaps the most controversial in the light of what appears to be mishap is that the INDs counsel on age disputed cases states clearly that when there is an age dispute a claimant must be given the benefit of the doubt with regards to their age unless their physical appearance strongly suggests that they are aged 18 or over.21It seems that this is not the case currently in practice local authorities certainly are encouraging social work team to dispute age more regularly.Other aspects of the IND guidance can be confusing and it is not surprising that there are inconsistencies in practice. For example there is no actual duty for immigration officers to refer age disputed cases to the appropriate local authority, rather this is something that should be done in principle, a situation that can only complicate things for social workers further down the line. Overall, the current system seems disconnected and variable. As Crawley writesThere is evidence of a significant gap between what is supposed(a) to happen and to what happens in practice22 and some of the issues involves at age assessment units around the country highlight thisA general lack of care, including a lack of food and water, for young people waiting to be screenedA stroke to use the privacy of separate interview roomsDifficulties with microphones meaning conversations held through the glass screen in the public area are either overheard or not heard at all No responsible adult being present to support young person23Clearly age assessment is not a simple matter. All children vary in increase, maturity an d natural growth and there can be a wide range of supposed normal findings at various ages. It is extremely difficult to accurately gather a young persons age and things such as race, ethnicity and local conditions such as disease and malnutrition have to be considered in any assessment. Whether childrens social workers are qualified to do this is questionable The organisation Youth Support which assists young refuges reports that in its own age assessment process it includes as many factors as possible includingheight, weight, body mass, shoe size, developmental factors such as fight care and teeth, sexual development mental and emotional age estimates including thought processes and general concepts. Also of great importance is the history and social milestones which the young person might have cognized again talking culture and religion into consideration.24There is clearly inconsistency in the process nationwide. Michie argues that one of the problems in the UK has been that a diversity of systems and guidelines has developed in assessing the age of unaccompanied minors, involving a combination of history collection, physical anthropometry and radiographs. He writesTheir lack of uniformity identifies an underlying difficulty there is no method by which chronological age can be precisely estimated in this age group. Paediatricians in the United Kingdom care for little numbers of individuals in late adolescence and early adulthood in graduate outpatient services, but often have little experience in this area.25There are some success stories. At Heathrow Airport for example, Hillingdon Social Services have used a number of strategies to deal with large volumes of unaccompanied asylum seekers. These have included use of a dedicated police officer for child protection, a specific questionnaire for staff working at terminal 3 and the development of a specifics age assessment tool combined with specific training,.26Guidance for Social employ PracticeAge asse ssment is clearly a difficult area for social work practitioners. There is little experience in this type of work and relatively little in the way of practice guidelines. The guidance drawn up by the Childrens Legal Centre is perhaps the most useful document for social workers to refer to when carrying out age assessments. Some of the points included areTaking account of ethnicity, culture and customs of the person being assessed and well as the level of trauma, tiredness, anxiety and bewilderment presentThe asylum seeker may have had coaching prior to arrival. It is important for the social work to engage with the person in a process some convictions know as joining.The assessment framework should be led by lax, non-leading questionsThe practitioner should note the verbal and non-verbal (body language) behaviour of the personA useful forefinger is if the person seems uncomfortable talking to an adultA detailed family tree with ages of parents and siblings can help assessing likel y ageQuestions about the activities and roles a person was gnarly in prior to entering the UK can be a good indicatorSocial workers may consider arranging for the person to be put in a social situation with people of the age stated and observing interactionGaining detailed accounts of educational history can be a valuable source of information in making an accurate age assessment Assessment of life skills is useful does the person have any experience of living independently, managing money etc27All of the above can be done in conjunction with opinion and input from other sources including foster carers, teachers, doctors, interpreters and residential workers. It is useful also to have input from paediatricians, dentists or optician although a social worker should take into account advice from paediatricians that there can be a five year error in age assessments.28Just as important is information and best practice sharing between professional involved in this type of work. A unifor m approach to age assessment across the UK should be a shared objective.There are clearly huge improvements necessary in the way that social service departments across the country deal with unaccompanied asylum seekers. This includes both the process for age assessment and the subsequent services provided. Evidence shows that staff in the various agencies dealing with these children lack knowledge about the services available and how to deal with the emotional trauma that many of these children will have experienced.29Social workers dealing with age assessments are clearly lacking in the skills to do so accurately. One reported when surveyedWe do them (age assessments) but we can be wrong five years either side it matters a lot doesnt it? They can end up with many dates of birth social services, Home Office, their own..30Practitioners need such understand the vulnerability of the young people they are dealing with and avoid taking a cynical approach. As Michie concludesThe fairnes s, legality and estimable base of any national framework for age assessment has to take into account legal history, jurisprudence as well as the paediatric wisdom, What if this were my child?, Although it may be difficult to quantify the inadequacies of the current system, it clearly compounds abuse to a vulnerable group of children. We must do better.31The are some positives in examining the UK response to unaccompanied asylum seekers . The more holistic approach developed in recent years seems to be more efficient are more aware of the sensitivities of the issues than for example the US and Australian governments. Bhaba et al write of the UKIt has made extensive efforts to identify children in genuine need at the earliest possible stage and to institute programmes to target trafficking in children through training of in country border officials and the instigation of research. 32This is a pleasing sign, yet problems still occur when age is disputed.RecommendationsThere are a numb er of steps that can be taken to improve the way in which young asylum seekers are treat to ensure consistency. Protection of vulnerable children is crucial, yet it is also important that age assessments can be used to identify asylum seekers over the age of 18 who seek to abuse the system. The EUs reception directive states that unaccompanied children seeking asylum should be appointed a legal guardian33 and this should be adopted by the UKHelping vulnerable children through the process would be a welcome improvement.Trained, skilled age assessors should be employed at ports of entry. These may well be social workers, experienced in dealing with this age group, accountable to a child protection team with paediatric expertise open to them in some form. Another option would be to establish fully trained multi agency teams based in regional assessment centres, something that would produce holistic and better-informed outcomes.Ideally age assessors should be financially independent of local authority social services this would limit the chance of pressure being put upon assessors to take a shit targets for the number of age assessments found to be 18+.The lack of statutory guidance on the process of age assessment should also be turn to this would help alleviate some of the inconsistencies in the process.A final recommendation, supported by Crawley, would be for the age assessment process to be overlooked by an independent age assessment panel which could provide support and guidance, help with the auditing process and make it less likely that decisions could be challenged or influence by those holding the local authority purse strings.The most important thing is that age assessment is done fairly and consistently, and that young asylum seekers are treated in the same way, regardless of port of entry or the local authority overseeing them. At present this is not the case and there is work for legislators, policy makers and practitioners to do if this is to b e rectified.BibliographyBhaba J, Finch N, Crock M Schmidt S, Seeking Asylum Alone, Themis Press 2006Chase e, Emotional Well-being of asylum seeking children, http//www.communitycare.co.uk/Articles/2008/07/29/108994/well-being-of-asylum-seeking-children.html accessed 15 OctoberChildrens Legal Centre, Practice Guidelines for age assessment of young unaccompanied asylum seekers, http//www.childrenslegalcentre.com/NR/rdonlyres/BAA6E134-7810-42C1-9634-2AC500D326DE/0/PracticeNotesKarenGoodman.pdf accessed 15 OctoberCrawley, H, When is a child not a child? 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