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Childs welfare paramount?
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asylum in scotland

child's welfare paramount?

a guide for members from BASW and UNISON Scotland


Jointly published October 2006 by UNISON Scotland, 14 West Campbell Street, Glasgow G2 6RX and BASW Scotland,17 Waterloo Place, Edinburgh, EH1 3BG © 2006

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policies and procedures

Getting it Right for Every Child (GIRFEC)

The Scottish Executive has made it clear that the children of asylum seekers living in Scotland (currently only Glasgow) will be provided a service in line with the GIRFEC proposals. These will be underpinned in due course by legislative reform to be implemented by 2010.

The proposals place duties on all agencies involved with a child to be alert to their needs and to act to improve their situation. It proposes that there be a "lead professional” who will co-ordinate a multi-agency assessment as appropriate to the needs of the particular child.

In the case of asylum seeker children, there is no agreement that the Home Office will take such an assessment into account when looking at decisions to grant asylum, however, this may inform decisions about the timing and nature of deportation.

In addition, such assessments will be shared with the families who can then use the information in any appeal process or other legal action.

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practice issues

UNISON and BASW believe that in conformity with Article 9 of the UN Convention on the Rights of the Child, social workers should only seek to separate children from their parents where this is adjudged to be in the best interests of the child and where no other options are available.

In our view, children of failed asylum seekers should not be separated from their families unless they are at risk of significant harm. Separating children from their parents even for short periods of time can result in lifelong emotional damage.

Children who have experienced violence including murder, torture and rape (often state perpetrated) will already be severely scarred (i.e. psychologically and possibly physically by this trauma) and consequently will suffer further devastation by being separated from their parents and may perceive this as the ultimate punishment in their already damaged young lives.

It should also be borne in mind that separating children from their parents may ultimately increase the incidence of self-harm and suicide.

According to research conducted by the National Expert Centre for the Treatment of Victims of Persecution, War and Violence, unaccompanied refugee minors have high severity levels of psychosocial problems (anxiety, depression and traumatic stress reactions) more so than those who are accompanied by their parents. Their need for additional services to help them to cope with their experiences should be considered.

 

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issues faced by children seeking asylum

Children and families may have experienced loss, bereavement and separation, along with problems related to asylum itself and the arrival in a new country.

Fears of being sent back, detention and the stresses of poverty, culture shock, obstacles to integration, racism, unemployment and boredom are common issues.

They have to adjust to a new culture, language and to construct a new sense of identity/belonging. Young people are trying to manage these transitions at a crucial time in their own development.

Many children may be suffering from trauma which might lead to perceived behavioural problems. Some may have guilt feelings about having to escape leaving family members behind. Some may have experienced extreme events like torture, other assault or uncertain imprisonment. They may have witnessed inhumane acts or had to deal with the aftermath of these.

Especially in the case of unaccompanied children, they may be extremely anxious about the security of personal information and trust-building will be a key issue. If children are removed, detained or displaced by Immigration authorities, it must be acknowledged that this can compromise a child's recovery from often significant trauma.

This is exacerbated if children have been settled for a time in Scotland, have built new identities and have begun to rebuild their lives. The uncertainty itself may be enough to undermine recovery.

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What awaits children if they are deported?

There is current concern about how assessments are made in countries to which children are returned, about the support for children and their families and the training and qualifications of the people undertaking the assessment.

For example, a child who has been sold by their parents and subsequently trafficked may have a different reunification with their parents from a child who has been sent by their parents to escape traumatic experiences like war or persecution.

Social workers need to be confident that the child is returning to a welcoming and supportive environment and that they will not suffer further harm or abuse. The guidelines for this assessment are found in the UN Convention on the Rights of the Child.

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dilemmas for practitioners

Practitioners in the social work and social care professions are well equipped to help children and their families recover from all of the effects outlined above.

Practical assistance (where possible) and referral to specialist advocates is one part of this process. However, it should not be the only part of the process. It must be complemented by a recognition that many families will need the individual and family emotional support and therapy we can and should provide.

It is clear that progressive Scottish legislation, designed to meet and support the needs of children with the central principle that the child's welfare is paramount, is compromised by immigration legislation.

Dilemmas arise when it is apparent that the child's welfare is being compromised by that legislation and by how that legislation is being applied.

UNISON and BASW are lobbying consistently for the interests and rights of children and against legislation that compromises those interests and rights. But significant change, even if there is a will for that change, will take time.

Practitioners should not collude with practices and procedures that do not have children's interests at their heart. It is not a social work role to put a human face on to inhumane practices. But where possible, they should do all they can to promote the child's interests.

That should include using to best effect all the legislation we have at our disposal and being prepared to intervene and challenge within the parameters of the SSSC Code of Practice and the UN Convention on the Rights of the Child.

We should expect the support of our agencies in doing that.

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eyer
"They tried to shoot my dad but my sister started to scream. Because she was making lots of noise they shot her instead. They took my father away. My family was like this: mum, dad, three sisters and a brother. But now it was me and my mum, my sister and brother. All of us buried my sister and left Afghanistan.”
Hannah, aged 11 http://uk.oneworld.net/