It is unquestionably difficult for individuals to leave their belongings, home, and country in order to migrate and seek asylum for a better and safer life. Regrettably, children are the ones most affected by potential neglect in this courageous pursuit.
According to Fanning (2004:211), children who are seeking asylum, especially those who are unaccompanied, may experience severe psychological trauma before and after migration. These children are particularly vulnerable as they require significant support throughout the process of applying for refugee status and, most importantly, in determining their placement once a decision has been made. Rutter (2006:93) asserts that various changes in legislation and policy concerning asylum and immigration have had a detrimental impact on the well-being of children seeking asylum. Therefore, it is crucially important to have social workers with appropriate training and resources available to provide assistance to these children.
McLaughlin (2008:54) states that it is not surprising for social work to be involved with immigrants and asylum seekers. Being dedicated to aiding marginalized and oppressed populations, social workers naturally provide assistance to one of society’s most disadvantaged groups. This essay seeks to examine the responsibilities of social workers in delivering exceptional professional services and practices for children seeking asylum. Additionally, it will address the difficulties faced by these social workers in advocating for the rights of these children.
According to paragraph 349 of the UK immigration rules, a child is classified as someone who is either under 18 years old or, if there is no evidence of age, appears to be younger than 18 (The Children’s Legal Centre, 2008:3). The Border and Immigration Agency Asylum Process Guidance further defines unaccompanied asylum seeking children as those who are applying for asylum independently or are separated from both parents and are not being cared for by a responsible adult (ibid, p. ). Therefore, in England, unaccompanied asylum seeking and refugee children have the same legal rights as children who are citizens.
The text highlights the various rights of asylum-seeking children, including education, healthcare, and those enshrined in the Children Act (1989) and the Human Rights Act (1998) (Humphries, 2004:45). Since 2002, there has been an estimated influx of over 40,000 children in asylum-seeking families in the UK (Reacroft, 2008:2). These statistics raise concerns about the National Asylum Support Service’s (NASS) ability to adequately support these children. Consequently, this essay delves into the social worker’s role in advocating for the rights of asylum-seeking children.
In the 1980s, social workers were primarily known as the gatekeepers for resources. However, in the 1990s, an increase in asylum seekers and processing delays led to the creation of asylum teams in various boroughs. These teams were mostly housed within social work departments but also involved other services (Sales and Hek, 2004:61-64). The establishment of the National Asylum Support System (NASS) in 2000 resulted in a reorganization of the asylum team’s specific role in order to implement the new asylum support system.
Social workers continue to work with the asylum team, now in partnership with NASS. Local authorities also have a duty to care for and support asylum-seeking and refugee children they identify as in need. According to Humphries (2004:45), under the Children Act, local authorities must provide appropriate services to meet the needs of unaccompanied asylum-seeking children. However, accompanied children seeking asylum have fewer rights than citizen children and are supported through NASS, although they are entitled to education and healthcare.
The Immigration and Nationality Directorate (IND) of the Home Office is responsible for managing the asylum determination process. As part of this process, a child seeking asylum is placed under the care of a social worker who assists, discusses options, and prioritizes their best interests. These actions are in line with the code of practice ‘Keeping Children Safe From Harm’ introduced by the UK Borders Act (Reacroft, 2008:3). One important duty of the social worker is to evaluate the age of these children, particularly if they appear younger than 18 years old when applying for asylum. Age assessment becomes necessary in cases where no documentary evidence is provided by these children to confirm their age.
During the asylum seeking process, both unaccompanied children and families will receive appropriate emergency housing. Social workers will assist children in attending interviews and provide them with food vouchers and cash. According to NASS (2000:3-4), accommodation and voucher support is provided under specific circumstances: if the asylum application is approved, social workers will help transition the individual to the main benefit system; if the application is rejected, support will continue for children under 18 until deportation or adulthood. Social workers play a crucial role in identifying vulnerability or potential exploitation among unaccompanied asylum-seeking children.
The social workers must thoroughly assess the children’s urgent need for protection and their recovery from any trauma, whether physical or psychological. The UK Government accepted the UN Convention in December 1991, which consists of over 40 articles addressing various concerns related to children. These issues of rights can be broadly categorized into four categories: rights to care or protection, participation, anti-discrimination, and the rights to potential development (Hammarberg 1995 cited in Brandon et. al, 1998:23).
Under Article 3 of the UN Convention, children have the right to receive support and assistance. It is the responsibility of governments to offer necessary aid and establish care services for children. Social workers should ensure the protection of these rights when working with asylum-seeking children.
Social workers need to have strong skills in working directly with children, especially those from diverse racial, religious, and cultural backgrounds. If they fail to understand these differences from the child’s perspective, it can create barriers. This is particularly important for minority ethnic groups whose first language is not English because communication can be challenging without mutual understanding. Therefore, it is crucial for social workers to obtain the social history and family composition of asylum-seeking children whenever possible. Ultimately, this information will help foster a deeper understanding and connection between the social worker and the children.
To achieve effectiveness in face-to-face interaction with children, social workers must possess ethical sensitivity and awareness of common experiences among minority groups, including oppression, discrimination, and relative powerlessness (Thompson, 1993:59). Furthermore, Brandon et. al (1998) stress the significance of reflecting traditional core skills and values such as honesty, compassion, and respectful treatment of children in building a strong rapport with them.
According to Brandon et. al (1998:146-154), when a child trusts the worker, they are more inclined to communicate their emotions and thoughts. The lives of children seeking asylum in the UK are challenging as they require ongoing support. Refugee support groups, many of which cater to specific communities, play a crucial role in providing assistance.
(Humphries, 2004:47). Therefore, it is essential for social workers to work together with support groups to tackle this problem. It is vital for social workers to perceive these children as clients and recognize that their responsibilities go beyond being gatekeepers for social services or informants for immigration services. McLaughlin (2008:55) suggests that social work plays a crucial part in internally regulating immigration policy. Social workers have a duty to report to the Home Office if they encounter a failed asylum seeker or anyone they suspect of staying unlawfully in the country trying to access community care services.
When local authorities deny asylum to accompanied children seeking asylum with a family, it can put their lives at risk. This creates a significant challenge for social workers as they have to fulfill the dual roles of advocating for these children’s rights and serving as immigration officials (Collett, 2004:85). The subsequent section of this essay will further examine the difficulties encountered by social workers when advocating for the rights of children seeking asylum.
When social workers initially work with children seeking asylum, they frequently confront a language obstacle. In such situations, it is often crucial to have a translator present, particularly when dealing with reserved and quiet children. According to Brandon et. al (1998:46), children who are raised in chaotic households where communication is seldom directed at them, except for giving instructions, are more prone to encountering difficulties.
Social workers must have the capacity to establish positive relationships and communicate effectively with children, some of whom may have undergone severe trauma such as torture, fear of imprisonment, or deportation to their home country (Khan 2000 cited in Collett, 2004:82). These circumstances can create barriers to communication between social workers and the children. Additionally, social workers face the challenge of understanding and adhering to current policies and guidelines that classify asylum seekers as ineligible for welfare benefits due to their status.
Grady (2004:145) states that social work agencies are responsible for protecting and advocating for vulnerable members of the community. They must recognize and address factors that may harm children’s well-being and tackle structural inequalities in society. Social work agencies dedicated to anti-discriminatory practice have emphasized the importance of acknowledging the historical impact of race and culture on children’s lives and providing effective services to address this issue. Regarding theory, social workers need to keep up with the constantly changing regulations and laws regarding asylum seekers. However, it is unfortunate that many of these changes in legislation and policy have had detrimental effects on the welfare of asylum-seeking children (Rutter, 2006:93).
The Framework for Assessment of Children In Need and their Families (DOH/DEE 2000) offers guidance on addressing and evaluating the needs of vulnerable children. However, according to Brown (2004:108), it does not consider the needs of asylum-seeking children. Brown also suggests that immigration legislation is rigid and does not allow for interpretation, similar to child law. This poses a challenge to social workers to expand their roles and conduct more thorough assessments.
It is important for social workers to recognize that asylum legislation and policy will undergo further modifications in the future. As a result, they must adapt, stay informed, and anticipate future changes in policies. Additionally, there is a concern regarding the influence of social conditions on children who are seeking asylum. Factors such as poverty, education, housing, and development have been raised as crucial matters (Rutter, 2006:49).
According to the ‘Looking after Children’ plan, the welfare of children is assessed across seven dimensions: health, education, identity, family and social relationship, social presentation, emotional and behavioral development, and self-care skills (Brandon et. al, 1998:144). Social workers face the additional challenge of promoting the development and welfare of these children once they obtain refugee status. Parrott (2002:129) suggests that social workers have focused on providing practical assistance to the children but have overlooked their developmental needs.
Parrott is specifically referring to the ‘Messages from Research’ from Dartington Social Research Unit. This research centers on situations involving children placed in care who experience significant emotional and material disadvantages as a consequence. These scenarios apply not only to children who secure refugee status, but also to those granted an ‘Exceptional Leave to Remain’ (ELR) status. Such children who meet asylum criteria receive full refugee status.
The UK government provide a grant for applicants who don’t meet all the requirements for refugee status. Instead, they can be granted the status of ELR for a certain period of time. According to Dobson et. al (2001:23), if it’s not reasonable or practical to force asylum seekers to return to their country of origin, they can be given ELR status. This allows them to apply for indefinite leave to remain after seven years.
This also applies to children, which presents additional challenges for social workers in managing their care and development. Specifically, social workers face difficulties providing education, counseling, and health services to asylum-seeking children. Humphries (2004:48) raises the question of whether these children, if granted refugee status either with their families or alone, truly desire to settle in the UK or to return to their country of origin when possible. This consideration must be taken into account by social workers when making arrangements for the children. Additionally, social workers may encounter resistance or threats from asylum-seeking children, further complicating the promotion of their rights.
According to Goldson (2004:82), there is a dualistic conception regarding children, where they are commonly perceived as either vulnerable victims in need of care and protection, or as precious threats requiring control and correction. This dualism not only raises issues of child protection, but also the question of protecting others from the child. Nonetheless, social workers must prioritize safety and provide a secure environment for both parties. Collett (2004:79) describes asylum seeking children as “people who are in a state of very unsettled situations”.
The trauma faced when leaving home, the challenges of escaping and the treatment received during immigration processes all intersect with the social divisions experienced by the most marginalized groups in British society. In this context, social workers play a crucial role in advocating for and negotiating on behalf of asylum-seeking children who arrive in the UK without any support. These children often have limited knowledge of the social worker’s role, as it may not exist in their home countries where refugees originate (Sales and Hek, 2004:62).
According to the source, social workers are often viewed as representatives of the state and may be perceived as interrogators by asylum-seeking children, causing them to be suspicious rather than trusted (ibid, p. 8). In some cases, the threat of suicide may also arise due to extreme stress, which is not uncommon following the receipt of refusal letters from the Home Office (Humphries, 2004:52-53). In conclusion, when discussing migration and refugees, children seeking asylum are frequently marginalized. It is important for those working with refugee children to recognize the diverse nature of refugee populations (Rutter, 2006:33).
The roles of social workers are essential in providing crucial support for asylum-seeking children. Contrary to popular belief, the number of asylum seekers, including small groups of children and their families, coming to the UK has decreased over the past 15 years (Reacroft, 2008:8). A study on ‘International Migration and the United Kingdom’ confirms that the proportion of applicants recognized as refugees and granted asylum has also decreased. The proportions granted Exceptional Leave to Remain (ELR) and outright refusal have also been fluctuating recently (Dobson et.
According to Reacroft (2008:2), it is crucial for social workers to prioritize treating asylum seeking children as children before considering them as refugees or asylum seekers. This shift in perspective can lead to improved service and case processing by allowing for more focused attention on the unique needs of these children. It is fundamental for social workers to maintain ethical practices when handling cases involving children seeking asylum (Reacroft, 2008:2).
To accomplish this, Alexander and Charles (2009:19) propose that social work should enhance its ability to evaluate the positive and negative dynamics in relationships with clients. Although it is simple to assert that all children should have equal rights and treatment, justifying this equal treatment among the children themselves proves more challenging. Regardless of societal shifts, children are consistently viewed as vulnerable, and this perception has endured throughout time.
