Local authority duties towards unaccompanied asylum seeking children

Bronwen Jones and Samina Iqbal of Goldsmith Chambers provide comprehensive and up to date legal information covering the duties of local authorities towards asylum-seeking children.

It covers:
• Local authority duties towards unaccompanied asylum seeking children
• Duties of the local authority
• In the event the UASC is found to be a child after an age assessment
• In the event the UASC is found to be an adult after an age assessment
• Provision of accommodation for children—general
• Transition at age 18

Local authority duties towards unaccompanied asylum seeking children
While this Practice Note is not limited to unaccompanied asylum-seeking children (UASC), this is the most likely individual/group a practitioner will come across. Other examples might include where a child is abandoned but makes no claim for asylum, or where the age of a dependent child of any asylum seeker is in question.

Please note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 (SSW(W)A 2014) and the related statutory instruments.

This Practice Note does not cover every duty the Local authority (LA) has to a child by virtue of them being a child looked after by the LA. The most important duties will, however, be covered.

A claim for asylum includes a claim under Article 3 of the European Convention on Human Rights (ECHR) where the applicant states that if removed to their country of origin, they will be tortured or subjected to inhuman or degrading treatment or punishment.

Duties of the local authority
On the arrival of a child in the UK, the Home Office should inform the relevant LA (the LA in which the child arrived and claimed asylum) that a potential UASC has arrived. Failure to release the child into the care of the LA may lead...