Good practice in social care for refugees and asylum seekers

Background: Children and young people

The Children Act 1989 provides the basic framework for services to children and families. Section 17 gives local authorities a duty to provide support for children in need, and Section 20 gives them a duty to provide accommodation for children who require it. Section 31 gives local authorities a duty to investigate and take action if it is believed that children are in need of protection. All these duties apply to refugee and asylum-seeking children.

Children and young people who are accommodated under Section 20, or who are committed to the care of the local authority, are ’looked after children’ in the terms of the Act and are entitled to formal planning and independent review of their care. Looked after children are also entitled to services under the Children (Leaving Care) Act 2000 and associated regulations, which define eligibility and entitlement to planning for leaving care and to support up to the age of 21 (or 25 if in full-time education). It is not normally appropriate to use Section 17 support to accommodate unaccompanied asylum-seeking children. In most cases they will need full support under Section 20 of the Children Act 1989, and entitlement to leaving care services under the Children (Leaving Care) Act 2000.

The Children Act 2004 now includes a duty on local authorities to improve the wellbeing of all children in their area and to make arrangements to safeguard and promote their welfare (Sections 10 and 11). Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 allows the withdrawal of support to families whose claim has been denied, and in areas where this provision has been piloted has produced conflict with the duties of local authorities to act in the best interests of children, which are not normally served by enforced separation from their parents.

Links to legislation regarding children

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