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<p>Under s20 of the Children Act 1989 the local authority has a statutory responsibility
to accommodate unaccompanied, asylum seeking children (UASC). Where the child is accommodated
for more than 24 hours they become a ‘looked after’ child and the local authority
where the child presents has a statutory duty to safeguard and promote the child’s
welfare in the same way as any other looked after child.</p><p>Ofsted, as part of
its children’s services inspection framework, monitor and quality assess local authority
processes in relation to all looked after children and care leavers. This will include
an assessment of pathway planning.</p><p> </p><p>The statutory guidance ‘Care of unaccompanied
migrant children and child victims of modern slavery’ and ‘Children Act 1989: planning
transition to adulthood for care leavers’ set out how local authorities should appropriately
pathway plan in a way that meets the needs of unaccompanied care leavers. This guidance
is available at the following links: <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf"
target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/656429/UASC_Statutory_Guidance_2017.pdf</a>
and <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/397649/CA1989_Transitions_guidance.pdf"
target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/397649/CA1989_Transitions_guidance.pdf</a>.</p><p>
</p><p>The statutory guidance ‘Care of unaccompanied migrant children and child victims
of modern slavery’ also sets out how local authorities should appropriately care plan
for UASC in accordance with the Care Planning, Placement and Case Review (England)
Regulations 2010. The regulations apply to all looked after children, regardless of
their immigration status, nationality or documentation.</p><p> </p><p>The statutory
guidance makes clear that social workers’ knowledge of the asylum process should include
an understanding of the child’s asylum process, the purpose of the asylum case review
and the different possible outcomes of a child’s asylum claim and how that impacts
on pathway planning. Social workers should also have a broad understanding of the
immigration system. In addition, the department is developing bespoke materials for
social workers to support their understanding of the asylum process. These materials
are currently being tested by a sample of local authorities prior to wider dissemination
across England. We have also commissioned the No Recourse to Public Fund Network to
produce guidance on pathway planning for unaccompanied adolescents who are care leavers.</p><p>
</p><p>As part of the care planning process, local authorities must carry out a health
assessment of all their looked after children. The Regulations and Statutory Guidance
‘Promoting the Health and Wellbeing of Looked-After Children’ makes clear that an
assessment should include the child’s emotional and mental health needs and this must
be reviewed regularly. Statutory guidance also makes clear that for unaccompanied
children, the health assessment should ascertain any physical, psychological or emotional
impact of experiences as an unaccompanied child or child victim of modern slavery.
Any past trauma or experiences should be noted, along with any consequential need
for psychological or mental health support to help the child deal with them. Mental
health provision is provided at a local level.</p>
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