Source · Select Committees · Home Affairs Committee
Recommendation 28
28
Rejected
Paragraph: 127
Ensure independent legal guardianship is available for all separated asylum children and young people.
Recommendation
Every young asylum seeker should be provided with a trusted and independent adult who is qualified to support their interactions with immigration and asylum processes and who can where appropriate help them to settle in the UK. We welcome the provisions already available in Northern Ireland and Scotland, and pilot arrangements in parts of England and Wales, but greater consistency is needed. The Government should ensure independent legal guardianship is available to all separated children and young people throughout the UK.
Government Response Summary
The government states there is 'no intention to expand the scope' of the Independent Child Trafficking Guardian (ICTG) service to include all young asylum-seeking children in England and Wales, citing its specialist nature, while outlining existing support for UASC.
Paragraph Reference:
127
Government Response
Rejected
HM Government
Rejected
Section 48 of the Modern Slavery Act 2015 introduced the role of Independent Child Trafficking Advocates (ICTAs) to provide an independent source of advice and advocacy for trafficked children. Following the Independent Review of the Modern Slavery Act 2015, ICTAs were renamed Independent Child Trafficking Guardians (ICTGs) in July 2019. in their area, including child victims of modern slavery. ICTGs are provided in addition to this statutory support and are an additional source of advice and support for potentially trafficked children, irrespective of nationality, and somebody who can advocate on their behalf. To date, a staggered approach to roll out has been adopted with robust built- in evaluations along the way to ensure the ICTG Service meets the needs of the vulnerable children it supports. In May 2021, we expanded the Independent Child Trafficking Guardian Service to cover in total two thirds of all local authorities across England and Wales, focussing on the areas of highest need. The Government is committed to delivering the national rollout of the Independent Child Trafficking Guardianship service as we are required to do by Section 48 of the Modern Slavery Act 2015. To date, a staggered approach to roll out has been adopted with robust built-in evaluations along the way to ensure the ICTG Service meets the needs of the vulnerable children it supports. The purpose of an ICTG is to advocate on behalf of the child to ensure their best interests are reflected in the decision-making processes undertaken by the public authorities who are involved in the child’s care. An ICTG’s advocacy and involvement throughout the decision-making process is intended to ensure the child is protected from further harm, prevent possible repeat victimisation, re-trafficking or going missing, and promote the child’s recovery. The ICTG Service model provides one-to-one support for children who have no one with parental responsibility for them in the UK via an ICTG Direct Worker and an expert ICTG Regional Practice Co-ordinator for children where there is someone with parental responsibility for them in the UK. Due to the specialist nature of the ICTG service there is currently no intention to expand the scope to include all young asylum-seeking children in England and Wales. Regardless of their immigration status, unaccompanied asylum-seeking children (UASC) can access the same entitlements as any other looked after child. The Department for Education’s statutory guidance on the ‘Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery’ sets out how these children should be cared for. as a looked after child, including their mental health and emotional wellbeing needs. Statutory guidance also makes clear that, to support these children, social workers should have a broad understanding of the immigration system including the application process and should access specialist asylum and/or immigration legal advice and representation for all unaccompanied children.