The paper reflects upon the wider implications of how social workers and other professionals deliver the unique support unaccompanied young people require. It recommends working in partnership with young people and using an ecological approach to assessing their needs in order to positively inform future practice. Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide.
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Why do unaccompanied minors come to the UK? Age assessments and the implications for local authority social services departments. Options available to UASC liable for removal and the fear factors surrounding return. UAM who are referred to Tusla are either taken into care, reunited with family or assessed not to be under 18 and therefore referred into the system that provides support to adult asylum seekers.
Sometimes UAM are taken into care initially and then reunited with family. In addition, often applications for asylum are not made immediately, meaning that a young person might be referred to Tusla in one year but not apply for asylum until the next year. These two factors suggest that caution needs to be exercised in interpreting the data. Furthermore, Ireland is on the periphery of Europe and as a result the current refugee crisis has had little impact on refugee and asylum flows into Ireland.
This is likely due to better care provision, fewer children going missing, the greater focus on age determination mentioned above and a decline in the number of children reunited with family at the point of arrival. This is also likely related to improvements in the provision of care, including the allocation of social workers and fewer children going missing see Section 2.
Regarding more recent figures, Table 1 shows that UAM aged between zero and 17 were referred to Tusla in the year Some 73 were male and 47 female. Family reunification services were provided to 42 young people. The data, which relate only to Dublin, do not indicate whether or not the children were ultimately placed in the care of family. Table 1 Referrals of Unaccompanied Minors to Tusla in Year to 4 August Table 2 shows that in , there were 34 applications for protection made on behalf of UAM, 5 of whom were female. Separated Children in Europe Programme, Two main discourses on UAM exist in international and Irish literature.
On the other hand, UAM are considered to be resilient Smyth et al. There is a dearth of data regarding the profile of UAM in the Irish context.
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Existing data suggests the diversity that exists within the group. In a report, Clarke described UAM in Ireland as a heterogeneous group, which included particularly vulnerable cohorts such as minor mothers; victims of trafficking, exploitation and domestic servitude; aged-out minors children transitioning from childhood to adulthood and children with learning difficulties Clarke Clarke also noted that in general Irish children in State care have experienced neglect or abuse, while this is not necessarily the case in relation to UAM.
Clarke observed that some children are traumatised or exploited, while others are resourceful and resilient. One particularly useful paper, published by Abunimah and Blower in , looked at the socio-demographic profile of UAM in Ireland in by reviewing social work case files. Although this data is summarised here, it is important to note that the information is more than ten years old. However, it remains the only study of its kind.
The researchers also found high levels of mental and physical health problems in their sample: These figures suggest the vulnerability of many of the UAM living in Ireland at that time. However many reported disruption in education due to family crises and political circumstances.
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The absences were attributed to anxiety and a lack of childcare for young mothers. However, it is likely that the experiences of UAM in education have improved dramatically since the provision of care was improved discussed below. For example, Clarke identified educational and vocational training as particularly important for this group. Up to the end of the One Foundation supported 43 young people the One Foundation , p. Although the One Foundation wound up its work in Ireland, the scholarship program has continued.
The focus on the importance of education within the Irish literature is in keeping with the international literature which identifies education as a source of resilience for refugee children Sleijpen et al. Characterizing UAM as both vulnerable and resilient poses challenges for policy makers and practitioners. As Bhabha , p. Two areas of law are relevant for UAM, namely refugee law and child care law. UAM are not referred to in child care legislation, but a reference to them in the International Protection Act invokes Irish child care legislation.
Section 14 of the International Protection Act provides: Tusla, utilising the Child Care Act, must then determine under which arrangement to care for the child. The International Protection Act allows for Tusla to make this determination. Although the representatives of Tusla social workers may choose to utilise any section of the Child Care Act, including Section 18 which involves applying for a full care order see below , Sections 4 and 5 are most frequently used.
The majority of UAM arriving in Ireland are referred to this team. However, Section 4 2 stipulates that the child cannot be received into its care utilizing Section 4 against the wishes of a parent or any person acting in loco parentis [in the place of a parent]. Accordingly, Tusla cannot maintain the child in its care under this section if the parent or persons acting in loco parentis wishes to resume care of the child.
During such time the child is in care under this section, Tusla must have regard to the wishes of the parent or other such adult in the provision of care pursuant to Section 4 3 b.
Section 4 4 further provides: Section 4 therefore provides an avenue through which Tusla may take a separated child into care and it provides guidance to social workers in respect of family tracing and exploring family reunification options. Firstly, it is arguably time-limited. Section 4 3 a provides: Section 4 does not allow for care beyond the age of Taking UAM into care utilising the full care order arrangements Section 18 would allow for greater possibility of the provision of appropriate aftercare and would ensure judicial oversight of what Tusla provides.
Working with Unaccompanied Asylum Seeking Children: Issues for Policy and Practice
Current practice supports this contention. In order for a representative of Tusla to give permission for a medical procedure, for example, they would need to obtain permission to give consent via the court system Quinn, et al. Section 5 is utilized less frequently as it is mainly relied upon in Cork, where the number of UAM referrals is much lower than Dublin Clarke , p.
Pursuant to Section 5, Tusla must find suitable accommodation where a child is not taken into care under any section of the Act and would otherwise be homeless. Section 5 has long been criticised by civil society as inappropriate as it does not provide adequate safeguards and opportunities for aftercare, similar to Section 4. Critics argued that the high number of children going missing could be attributed to the inadequate provision of care see Quinn et al. Following the closure of the last hostel at the end of , the equity of care principle came into practice whereby UAM were cared for in approved residential units, foster placements and supported lodgings.
This is discussed in more detail below. Since the implementation of the Equity of Care principle, UAM are also cared for either in residential units or in a foster home both of which are subject to the National Standards. Another form of care — supported lodgings — is also provided.
Working with unaccompanied asylum seeking children : issues for policy and practice
This is a form of family care that involves young people having more independence and receiving less in depth support from carers. UAM do not fit seamlessly into existing mainstream care arrangements and policies. One reason for this is the disconnect between refugee legislation and child care legislation. There is no additional legislation which stipulates the nature of the care to be provided to UAM. The care provision in the period leading up to illustrated that this was not the case: UAM experienced differential care from identification through to ageing-out.
Recent developments as set-out above, however, indicate that this has improved considerably.
Unaccompanied minors in Ireland: Current Law, Policy and Practice | Arnold | Social Work & Society
Nevertheless, a number of concerns suggesting that UAM still experience differential care have been identified in the literature. The use of Section 4 of the Child Care Act does not provide for a legal guardian or clear judicial oversight. As has been mentioned before, UAM are recognised as possessing both resilience and vulnerability.
Regarding their resilience, these young people may often have been providers to their families in their countries of origin and may then have travelled independently across numerous countries before reaching Western Europe. In addition, they may have survived for protracted periods of time in unsafe conditions in refugee camps European Union Committee This might pose challenges for care providers who expect them to fit into a model of care which views the child as a vulnerable dependent. As such, innovative care arrangments are often needed.
Supported lodgings is an example of such an innovation but National Standards for this type of care need to be put in place so that the placements reflect the needs and best interests of the young people in question. Creating a Family Life across a'World of Difference'. Children, politics and communication: Participation at the margins, , Working with Unaccompanied Asylum Seeking Children: Support for individuals at key points of change, , Working with Unaccompanied Asylum-Seeking Children, , Jessica Kingsley Publishers ,