A Warm Welcome: a national Guardianship Scheme for unaccompanied children in Wales

Migration
Image by Omar Ramadan, Pexels
ResourcesViewsMarch 14th, 2023

All unaccompanied children in Wales need a Guardian, says Access to Justice Project Lead Isata Kanneh

Unaccompanied children (sometimes called Unaccompanied Asylum-Seeking Children, or UASC), have been separated from parents and other adult relatives and are seeking a safe home in the UK. Almost all unaccompanied children arrive in Wales after a long and life-threatening journey across borders. Their needs are complex. Some have fled conflict or torture. Some are victims of trafficking. They have shown remarkable courage and resilience, but are traumatised, alone, and in urgent need of protection.

Unaccompanied children in Wales

Most unaccompanied children come to Wales through the National Transfer Scheme (NTS). This moves children from London and the South-East of England to other parts of the UK. Numbers are small, but since the scheme became mandatory last year, every local authority in Wales looks after at least one unaccompanied child. The change has seen children placed with local authorities with little or no prior experience of meeting their needs as unaccompanied asylum seeking children.

There are very short timescales for making referrals to the NTS after a child arrives in the UK. A child is likely to experience a disorientating round of police, Home Office, and social work interviews. There is a brief stay in a reception centre, a local authority placement, or potentially a hotel without proper care or child-centred services. This is rapidly followed by a move across the country to a local authority that may have limited information about their needs. When children arrive in Wales, their need for a stable, understanding, and expert point of contact is urgent.

Why a Guardianship Scheme?

In her recent report for the Welsh Government, Dr Jo Wilding recommended a national Guardianship Scheme in Wales for all unaccompanied children. Though a Guardianship Scheme exists in Wales, it is only for children who have been trafficked. Run by the charity Barnardo’s, the scheme provides specialist help, advice and guidance about social services, the Police, and immigration matters, through a single point of contact and in a child-focused way.

The Scottish Guardianship Service offers support, advice, and continuity for all unaccompanied children, helping them through the complex system of asylum applications, appeals, and life in care. A recent evaluation found that the impact on children’s lives is hugely positive: building safe networks, providing emotional support and orientation, and helping children understand the asylum process. Guardians complement the work of legal representatives and the scheme ultimately results in more grants of refugee status and humanitarian protection.

Such a scheme would be a lifeline for unaccompanied children in Wales and would align well with the goals of the Nation of Sanctuary, the Children’s Rights Approach, and the Children and Young People’s Plan.

Promoting rights, highlighting needs

Having a trusted supporter makes a significant difference to a child’s safety. Guardians provide stability and help children recognise exploitation and trafficking. Abduction, trafficking, and exploitation are very real threats to unaccompanied children in Wales. At least 440 children have been abducted from hotel accommodation in the UK since 2021. Children taken from hotels in Sussex and Kent have been found in North and South Wales. 

Guardians would be ideally placed to identify concerns and advocate for children’s rights in decision-making disputes, for example around age assessments. There is evidence that flawed Home Office age assessments result in children being placed in adult accommodation, a major child protection risk.

A Guardianship Scheme would build expertise and could highlight the needs of unaccompanied children at early stages of policy development. In Wales, a Child Impact Assessment (CIA) must be carried out in relation to ministerial decisions, but the needs of children subject to immigration control are complex and easily overlooked. For example, the Integrated Impact Assessment of the Universal Basic Income Pilot (UBI) for care leavers failed to identify that young people in receipt of UBI would become ineligible for Legal Aid. This is an unforeseen consequence which has severe impacts on children with immigration legal needs and those wishing to challenge statutory decisions.

A Guardianship Scheme for all unaccompanied children in Wales could also be a valuable source of guidance for professionals and local authorities. Ultimately, though, children are the priority. Unaccompanied children need continuity and time-intensive, lasting, support. Extending guardianship to all unaccompanied children in Wales could transform children’s lives and offer consistent support and protection to children who for too long have faced the world alone.

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