D etention of children in the host country & their return

1. Detention of children in the host country & their return Children and Families Across Borders (CFAB) Andy Elvin CEO

2. CFAB’s Experience • Ran Travel Assistance Program for Home Office from 1972 – 2012 • Undertook over 2800 voluntary adult returns to over 100 countries including Iraq, DRC, Eritrea, Somalia and Iran • Currently assist in UK AVR scheme • CFAB closely involved in development of new Family Returns Scheme • Assist in returning children through UK family court system (117 cases in 2013)

3. Children in the Immigration System • Between 1999 and 2010 UK detained children as part of family units, often for over 6 months • Unaccompanied children not detained unless age disputed • Detention had very negative impact on children • CFAB helped design new Family Returns Process • Families now stay in community and children stay in school • Independent panel oversees returns plans • Short stay centre for those families who are subject to enforced deportation • Greater use of Assisted Voluntary Return

4. Children in the Immigration System 2 • When Immigration law and rights of children clash immigration often wins out • In UK communication between immigration and family courts is not effective • Childrens best interests treated differently in family and immigration courts • In Family Court child’s best interest are the paramount consideration, in Immigration Court they are a consideration • Children’s rights must always come first • Unaccompanied children get leave to remain until 18

5. Placing children overseas • In 2011 3 out of every 5 children born in London had at least 1 parent from overseas. Vital social workers obtain details of family overseas • An increasing number of children looked after have relatives overseas, at least 4000 and possibly up to 10,000. • All children have right to family overseas so all overseas relatives must be given proper consideration.

6. Issues in Placing overseas • Evidence gathering – CFAB can procure assessments, early referral vital to meet 6 month UK target • Differing social work assessment practice worldwide. • Hague 1996 – potential limitations in kinship assessments. • Differential practical implementation of Hague 1996 & Brussels IIa • Issues with UK social workers travelling overseas. • Relatives/options overseas can be discriminated against

7. Issues in Returning Children • Separation anxiety • Attachment disorders • Even when reunited, if significant time apart then attachment and relationship issues present • Issue of contact with parent or network in country of destination • Older child’s wishes and feelings versus immigration law

8. Issues in Returning Children 2 • Vital that situation child is returning to is sufficiently assessed. Situation will be different for each child so generic country information is insufficient • Sometimes Home Office will not issue visas to extended family members to come to UK to collect relative child • Returns process very stressful for children, vital that returns system is child centred • Early decision vital whilst Childs contacts in country of origin are still viable

9. Practical placement issues • Visa issues – US v. Australian model. • Travel documents and Consular cooperation • Mirror orders and gaining parental responsibility orders once child placed. • Follow up visits.

10. Lack of Research • Currently very little data on outcomes for children and families returned voluntarily or through enforced return • Measuring outcomes vital to inform future policy • CFAB initial research on children placed overseas through Care Proceedings shows 95% success rate

11. Best Interests Determination • All children have right to family overseas so all overseas relatives must be given proper consideration. • CFAB believe a joint Immigration/Family Court is ideal forum for decision making • All separated/unaccompanied children from overseas who come to UK child protection attention should have BID made through this process within 6 months • Outcome return to appropriate family member/care provider or Care Order to UK LA and ILR

12. Free Advice Line 020 7735 8941 Monday to Friday 10.00 a.m. - 4.00 p.m. www.cfab.org.uk Thank you!