Unaccompanied Migrant Children and Child Victims of Trafficking and Modern Slavery

This chapter should be read in conjunction with the following government guidance: Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance for Local Authorities, November 2017 - which sets out the steps local authorities should take to plan for the provision of support for Children in care who are unaccompanied asylum seeking children (UASC), unaccompanied migrant children or child victims of modern slavery including trafficking.

Elements of this guidance will also be relevant for the care of Children in Care who may also be child victims of modern slavery. It does not provide detailed guidance on steps that local authorities should take, in partnership with other agencies, to identify and protect child victims of modern slavery, including trafficking, before they become Children in Care. This is described in practice guidance: Safeguarding Children who May have Been Trafficked.

For information on where Unaccompanied Asylum Seeking Children should be placed, please refer to: National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children.

Modern slavery is a form of organised crime in which individuals including children and young people are treated as commodities and exploited for criminal and financial gain. It encompasses human trafficking, slavery, servitude and forced labour.

Traffickers and slave drivers trick, force and/or persuade children and parents to let them leave their homes. Grooming methods are used to gain the trust of a child and their parents, e.g. the promise of a better life or education, which results in a life of abuse, servitude and inhumane treatment.

Child trafficking or child modern slavery is identified as child abuse which requires a child protection response (see Child Protection Enquiries Procedure). It is an abuse of human rights, and all children, irrespective of their immigration status, are entitled to protection under the law.

Children are recruited, moved or transported and then exploited, forced to work or sold. Children are not considered able to give ‘informed consent’ to their own exploitation (including criminal exploitation), so it is not necessary to consider the means used for the exploitation - whether they were forced, coerced or deceived, i.e. a child’s consent to being trafficked is irrelevant and it is not necessary to prove coercion or any other inducement.

Boys and girls of all ages are affected and can be trafficked into, within (‘internal trafficking’), and out of Guernsey and Alderney for many reasons and all forms of exploitation - e.g. sex trafficking - children can be groomed and sexually abused before being taken to other towns and cities where the sexual exploitation continues. Victims are forced into sexual acts for money, food or a place to stay. Other forms of slavery involve children who are forced to work, criminally exploited and forced into domestic servitude. Victims have been found in brothels or saunas, farms, in factories, nail bars, car washes, hotels and restaurants and commonly are exploited in cannabis cultivation. Criminal exploitation can involve young people as drug carriers, begging and pick-pocketing. Debt bondage (forced to work to pay off debts that realistically they will never be able to), organ harvesting and benefit fraud are other types of modern slavery.

Victims often face more than one type of abuse and slavery, for example they may be sold to another trafficker and then forced into another form of exploitation.

Children and young people may be exploited by parents, carers or family members. Often the child or young person will not realise that family members are involved in the exploitation.

The protocol aims to ensure that unaccompanied children can access the services and support they need and ensure a more even distribution of unaccompanied children. Whilst the protocol does not include the Bailiwick of Guernsey it is important that social Workers remain current in their practice regarding matters which relate to vulnerable groups.

The cohort of unaccompanied migrant children and child victims of modern slavery includes a wide range of children in a variety of circumstances that the Committee for Health and Social Care will need to be aware of in order to ensure that the child receives appropriate legal advice and support. Some will have been trafficked or persecuted and may have witnessed or been subject to horrific acts of violence. Other migrant children may have been sent in search of a better life, or may have been brought to Guernsey and Alderney for private fostering and subsequently exploited or abandoned when the arrangement fails.

There are a wide range of status possibilities for migrant children that the Committee for Health & Social Care will need to be aware of. In brief, the following categories regarding status are the most likely to be encountered. However, this list is not exhaustive and legal advice should be sought wherever there is uncertainty about a migrant child's status.

Categories of unaccompanied children include:

• Unaccompanied asylum seeking children - a person who:
1. Is under 18 years of age when the asylum application is submitted;
2. Is applying for asylum in their own right; and
3. Is separated from both parents and is not being cared for by an adult who in law or by custom has a responsibility to do so.
   Immigration Rules Part 11
   Some will not qualify for asylum but may require 'humanitarian protection' (where an individual is found not to be a refugee under the Refugee Convention but they are nevertheless at risk of serious harm on return to their country of origin. Others may not qualify for any leave to remain in Guernsey or Alderney. Their status will be determined by the Immigration and Nationality Division;
• Unaccompanied migrant child not seeking asylum: a child who is not seeking asylum because their reasons for being here are not connected to seeking protection, or who may be undocumented, or is not seeking asylum because they have not been advised of the need to do so. The child may be separated from both parents and is not being cared for by an adult who in law or by custom has responsibility to do so.

From 1 January 2021, following the UK's exit from the EEA, the rules relating to 'family reunions' have narrowed, and only cover children reuniting with parents who have refugee status or humanitarian protection.

Where it is established that the referral concerns a young unaccompanied child migrant, regardless of the category, this will always satisfy the criteria for services to a Child in Need.

An unaccompanied child will come into the care of the Committee for Health and Social Care  (The Committee) after having been accommodated by the Committee. Once accommodated, they will be subject to the appropriate regulations and the same provision as any other Child in care.

The Committee for Health and Social Care should have procedures in place to monitor their policies and performance and should record any modern slavery concerns on the child’s Care Plan.

As part of the general duty to assess and meet the needs of an unaccompanied asylum seeking child, the Committee for Health and Social Care should ensure that the child has access to a legal representative.

Unaccompanied children are highly likely to require specialist support from a variety of organisations and agencies.

All professionals involved in the care of unaccompanied children and child victims of modern slavery should be able to recognise indicators of trafficking, slavery, servitude and forced or compulsory labour and should have an understanding of the particular issues likely to be faced by these children.

This is a highly complex area of work, and professionals will need to have available to them a solid understanding of the asylum process or colleagues or other professionals with such expertise.

The kinds of issues that may need to be negotiated include:

• An understanding of the Welfare Interview, Statement of Evidence Form;
• The purpose of the asylum case review;
• The importance of the substantive asylum interview;
• 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 - for example, the immigration application process, different types of leave, making further leave to remain applications and the appeals process. Social workers should also have an understanding of the trafficking referral process and the wider child protection system around child victims of modern slavery, including how and when to refer a child to the National Referral Mechanism Digital Referral System: Report Modern Slavery.

One of the most crucial aspects of the social worker's role will be accessing specialist asylum and/or immigration legal advice and representation for all unaccompanied children and child victims of modern slavery. Ideally, any solicitor providing such advice should also have expertise in working with children. This advice will be required to ensure the child can fully present their case for asylum or leave to remain.

Details on where to find immigration legal representation can be found using the Adviser Finder function on the OISC website.

Where a child is undocumented this should be identified as soon as possible as the child will need to access specialist immigration legal advice.

Legal Aid should be made  available for asylum cases and Children in Care will generally be eligible.

The Independent Reviewing Officers should be aware of the need to have regard to the child's needs as an unaccompanied child or child victim of modern slavery, including trafficking, when planning and providing care. They should also have an awareness of the particular needs and issues children may face as a result of being an unaccompanied child or child victim of modern slavery so that they can provide appropriate challenge at review.

Service providers should ensure that foster carers and all other care staff in placement settings are aware of appropriate steps to reduce the risk of trafficked children returning to their traffickers.

Modern slavery is child abuse, and any potential victim of child trafficking or slavery, servitude, or forced or compulsory labour should immediately be referred to the Multi Agency Support Hub (MASH) and Guernsey Police as they may be suffering significant harm - see Child Protection Enquiries Procedure.

Once a potential victim has been identified, practitioners should inform them of their right to protection, support, and assistance in any criminal proceedings against offenders.

Practitioners should meet any urgent health needs and arrange emergency medical treatment if appropriate.

Referring a Potential Victim of Modern Slavery to the National Referral Mechanism (NRM)

Referrals to the NRM for consideration should be made by Guernsey Police for all potential child victims of trafficking and modern slavery, as they may be entitled to further support - victims can be of any nationality, and may include British national children, such as those trafficked for child sexual exploitation or those trafficked as drug carriers internally in the UK. The NRM does not supersede child protection procedures, so existing safeguarding processes should still be followed in tandem with the notifications to the NRM.

There is no minimum requirement for justifying a referral into the NRM and consent is not required for children. Communicate honestly with the child about your concerns and reasons for referring them into the NRM.

To complete and see where to send the forms, and the associated guidance, visit Modern Slavery Victims: Referral and Assessment Forms.

The Committee for Health and Social Care have a duty to notify the UK Home Office about any potential victims of Modern Slavery. For children, completing the NRM form is sufficient to satisfy this requirement.

If the child or anyone connected to them is in immediate danger the police should be contacted as normal.

Practitioners must arrange safe accommodation for the potential victim.

Where there is reason to believe a victim could be a child, the individual must be given the benefit of the doubt and treated as a child until an assessment is carried out. An age assessment should only be carried out if appropriate to do so, and should not cause a delay in referring into the NRM.

Practitioners must always ensure that a victim-centred approach to tackling all types of trafficking and modern slavery is taken. This can be achieved by the following:

• Dealing with the child sensitively to avoid them being alarmed or shamed - building trust, as victims commonly feel fear towards the authorities;
• Keeping in mind the child’s:
• Added vulnerability;
• Developmental stage;
• Possible grooming by the perpetrator.

It is important that practitioners make careful notes about what is disclosed, as a child’s credibility can be challenged if the child is subject to immigration control on the basis of their disclosure being made in instalments. This will support the child and help others understand the process of disclosure.

When questioning a potential victim, initially observe non verbal communication and body language between the victim and their perpetrator.

It is important to consider the potential victim’s safety and that of their loved ones. Confidentiality and careful handling of personal information is imperative to ensure the child’s safety. Practitioners must not disclose to anyone not directly involved in the case, any details that may compromise their safety.

For further advice and support the Child Trafficking Advice Centre (CTAC) provides free guidance to professionals concerned that a child or young person is a victim of modern slavery.

The Independent Reviewing Officers should be aware of the need to have regard to the child's needs as an unaccompanied child or child victim of modern slavery, including trafficking, when planning and providing care. They should also have an awareness of the particular needs and issues children may face as a result of being an unaccompanied child or child victim of modern slavery so that they can provide appropriate challenge at review.

Service providers should ensure that foster carers and all other care staff in placement settings are aware of appropriate steps to reduce the risk of trafficked children returning to their traffickers.

Where the age of the child is uncertain and there are reasons to believe they are a child the person will be presumed to be a child in order to receive immediate assistance, support and protection. In all cases where a referral is received concerning an unaccompanied child, the relevant Team will carry out an Assessment in accordance with the Guernsey Child Protection Procedures, to determine whether they are a Child in Need or a Child in Need of Protection.

Social workers should consider all unaccompanied migrant children as potential victims of modern slavery in the first instance until this possibility is either confirmed or discounted and they should also have an understanding of the trafficking referral process. 

Young unaccompanied child migrants should be provided with information about the services available to them from the Committee for Health and Social Care and other agencies.

An interpreter should be used to ensure effective communication with the young person, where necessary.

Where there are safeguarding concerns relating to the care and welfare of any unaccompanied child, including where modern slavery is suspected or has been identified, these should be investigated in line with Guernsey Child Protection Procedures.

The opportunity to intervene to prevent any further exploitation might be very narrow, so Children Services should convene a strategy discussion as soon as possible and take any necessary immediate action to safeguard and promote the child’s welfare. This strategy discussion should involve the police, immigration officials and any other relevant agencies and plan rapid further action if concerns are substantiated.

For example, Police installed alarms, discussion with the child or young person about the use of mobile phones, etc.

Provision may need to be made for the child to be in a safe place before any further assessment takes place and for the possibility that they may not be able to disclose full information about their circumstances immediately. The location of the child should not be divulged to any enquirers until their identity and relationship with the child have been established and the Committee for Health and Social Care is assured of their motives, if necessary, with the help of police and immigration officials.

All unaccompanied asylum-seeking children who are eligible for a service will be entitled to financial assistance which must first be authorised by the manager. The social worker should arrange for payment of the relevant amounts in accordance with the Committee for Health and Social Care’s financial procedures.

Where an Assessment identifies that an individual presenting as an unaccompanied child migrant does not meet the criteria for a service from Children's Services, but appears to be in need of services from elsewhere, the social worker will refer this individual to the appropriate agency which may be a different Children's Service, the Refugee Council, UK Visas and Immigration and/or an appropriate voluntary agency.

In all cases where a service is to be refused, the social worker must consult their manager before the decision is made and the letter confirming the decision is sent. Any correspondence received in relation to the decision should be referred to the manager.

"Placement decisions should take particular account of the need to protect children from any risk of being exploited, and the heightened risk of them going missing. Transfer to the care of another jurisdiction or an out of area / off Island placement might in some cases be appropriate to put distance between the child and where the traffickers expect them to be". See here for additional guidance only: What is a suitable placement for an unaccompanied asylum seeking child? – Information for local authorities to accompany the national transfer protocol for unaccompanied asylum seeking children.

It is important that suitable emergency accommodation can be accessed directly at any time of the day or night and that there is sufficient supervision and monitoring by on-site staff to keep the child safe. Bed and breakfast (B&B) accommodation is not suitable, even on an emergency accommodation basis. Such accommodation can leave the child particularly vulnerable to risk from those who want to exploit them, and does not meet their protection or welfare needs.

Often very little information about the young person is available at the outset and so it is highly likely that a permanent placement decision will not be made immediately. A temporary placement can enable the child or young person to feel safe and help them begin to physically recover from their journey and enable them to engage with an assessment of their needs with the help of interpreters as necessary.

Where a young person's needs are for independent or semi-independent accommodation, and the manager agrees, assistance should be given with completion of the necessary Housing Application (see below).

Where the Assessment identifies that an unaccompanied young child migrant needs to be a Child in Care, all the procedures in relation to Care Plans, Health Care Plans, Personal Education Plans and Placement Plans must be completed as for any other Child in Care. See: Ceasing to Look After Procedure.

For unaccompanied migrant children who are Children in Care, the placement decision also needs to be informed by careful consideration of the wider support needs of the child, including their cultural and social needs. Creative ways of meeting those needs, such as mentors or links to groups from their country of origin living in the UK could be used. As with all Children in Care, an unaccompanied child's ethnicity, cultural and linguistic background should be taken into account when placing the child. However, these are not overriding considerations and should be taken into account alongside all of the child's needs. Nevertheless, the placement should meet the child's needs as a whole and be consistent with their wishes and feelings.

All residential home staff, foster carers or support workers of semi-independent accommodation caring for unaccompanied children and child victims of modern slavery (including independent advocates where appropriate) should be aware of any particular risks of them going missing, or of any risk to the child from those who wish to exploit them. They should also understand what practical steps they should take in the event that the child does go missing, or if they suspect that someone is trying to lure the child away from their care placement.

Carers should seek to develop an awareness of the child's past experiences and any psychological issues they face, which may not be immediately apparent, as well as understanding cultural issues, which may put them at greater risk of going missing. This may include the potential negative impact of protection measures which may appear to the child to replicate methods used by their traffickers to control them.

Carers and professionals should work closely together to develop a holistic assessment of the child as well as provide support, reassurance and effective safeguarding to them.

The provision of a service is dependent on the young person continuing to qualify for the service.

Services to an unaccompanied child migrant may be withdrawn, for example, where another adult wishes to assume Parental Responsibility and this is assessed as appropriate.

The service must not be withdrawn without a Child in Need Plan Review (see Child in Need Plans and Reviews Procedure) and the agreement of the social worker's manager. Any such decision must be clearly recorded, with reasons. In all such cases, legal advice should usually be obtained before a final decision is made.

Where a service is withdrawn, the social worker should inform the Finance Office, if appropriate, immediately.

Planning transition to adulthood for unaccompanied children is a particularly complex process that needs to address their developing care needs in the context of their immigration status.

Pathway planning to support an unaccompanied child's transition to adulthood must cover the areas that would be addressed within any care leaver's plan as well as any additional needs arising from their immigration status and the action required to resolve this (see Leaving Care and Transition Procedure).

Former unaccompanied children who qualify as care leavers and who have been granted leave to remain, or who have an outstanding asylum or other human rights claim or appeal, are entitled to the same level of care and support as any other care leaver.

The extent of any care leaver duties on local authorities to provide support to former unaccompanied children who have turned 18, exhausted their appeal rights, established no lawful basis to remain in the UK and should return to their home country is subject to a Human Rights Assessment by the local authority. This is set out under the restrictions on support for adults without immigration status.

Former unaccompanied children who qualify as care leavers and who have been granted leave to remain, or who have an outstanding asylum or other human rights claim or appeal, are entitled to the same level of care and support from the States of Guernsey as any other care leaver.

Where an unaccompanied child or child victim of modern slavery qualifies for care leaving support,  they will be allocated a worker to support them.

Pathway Plans should always consider and reflect the implications for the child or young adult if their asylum claim is refused without a grant of leave, if their application to extend their leave is refused or if their appeal against a refusal is dismissed. In such circumstances, the person will become unlawfully present in Guernsey and be expected to make plans for a return to their home country. A plan for a return to their home country may also need to be made at any other point, should the care leaver decide to leave Guernsey.

Planning may have to be based around short-term achievable goals whilst entitlement to remain in Guernsey is being determined. For the majority of unaccompanied children who do not have permanent immigration status, transition planning should initially take a dual or triple planning perspective, which, over time should be refined as the young person’s immigration status is resolved. Planning cannot pre-empt the outcome of any immigration decision and may be based on:

• A transitional plan during the period of uncertainty when the care leaver is in Guernsey without permanent immigration status;
• A longer-term perspective plan should the care leaver be granted long-term permission to stay in Guernsey (for example through the granting of Refugee Status); and
• A return to their country of origin at any appropriate point or at the end of the immigration consideration process, should that be necessary because the care leaver decides to leave Guernsey or is required to do so.

Assistance should be given in advance of their 18th birthday with the necessary applications for housing, Housing Benefit and any other relevant benefits. The social worker must ensure that the young person has accommodation to which to move on their 18th birthday. The social worker must also ensure that the provider of the young person's present accommodation and the Finance Office is informed when the accommodation arrangement will end.

Access to Public Funds

Financial support for care leavers who are former unaccompanied child migrants should reflect their needs and their immigration status. Financial policies should highlight any entitlements and how their immigration status may affect these. Pathway Plans should address employment opportunities and funding arrangements for education and training, taking account of the young person’s immigration status.

Having ‘no recourse to public funds’ does not prevent a person from accessing other publicly funded services, but many of these will have eligibility criteria based on immigration status which will need to be considered.

Where a young person is a Child in Care, their case will be reviewed in accordance with the Monitoring and Child in Care Reviews Procedure.

Any other services provided should be reviewed at least every 6 months as set out in the Child in Need Plans and Reviews Procedure.

The young person should be invited to the Review and an interpreter should be booked as necessary.

The Children’s Reviewing Officer should be aware of the need to have regard to the child's needs as an unaccompanied child or child victim of modern slavery, including trafficking, when planning and providing care. They should also have an awareness of the particular needs and issues children may face as a result of being an unaccompanied child or child victim of modern slavery so that they can provide appropriate challenges at review. Service providers should ensure that foster carers and all other care staff in placement settings are aware of appropriate steps to reduce the risk of trafficked children returning to their traffickers.

Guidance for cases where the child has been the subject of sexual exploitation can be found at Child Sexual Exploitation: Definition and Guide for Practitioners.

The admission of foreign nationals to the Bailiwick of Guernsey is governed by the Immigration Acts of 1971 and 1988, which are extended to Guernsey by the Immigration (Guernsey) Order 1993. Under these Acts, anyone coming to the Bailiwick to work, live, visit or study must obtain permission to enter or remain. Foreign nationals that do not have right of abode are required to regularise their immigration status in accordance with the provisions of the Immigration (Bailiwick of Guernsey) Rules, 2008 (the Rules). Therefore the Rules, are based on UK legislation, in particular Part II gives the definition of asylum and sets out the criteria to be met for consideration of Asylum applications. The Bailiwick immigration team will generally follow UK guidelines and advice on cases of asylum when making recommendations to the Lieutenant Governor (LG) for his consideration. Therefore Guernsey would follow the UK guidelines regarding possible outcomes.

There are four main possible outcomes of the asylum process for an unaccompanied child, which will determine what the long term solution might be:

• Granted refugee status (i.e. granted asylum), with limited leave to remain for five years, after which time they can normally apply for settlement (i.e. indefinite leave to remain);
• Refused asylum but granted humanitarian protection, with limited leave to remain for five years, after which time they can normally apply for settlement (i.e. indefinite leave to remain). This is most commonly granted where the person is at risk of a form of ‘ill treatment’ in their country of origin but which does not meet the criteria of the Refugee Convention.
  As it is very likely that those granted refugee status or humanitarian protection will qualify for indefinite leave to remain, their care and pathway planning should primarily focus on their long-term future in the UK, in the same way as for any other care leaver;
• Refused asylum but granted Unaccompanied Asylum Seeking Child (UASC) Leave. This is normally for 30 months or until the age of 17½, whichever is the shorter period. This form of leave is granted to unaccompanied children where they do not qualify for refugee status or humanitarian protection, but where the States of Guernsey cannot return them to their home country because it is not satisfied that safe and adequate reception arrangements are in place in that country. There must be no reasonable grounds for regarding the applicant as a danger to the community or security of the United Kingdom; they must not have been convicted by a final judgment of a particularly serious crime; and they must not, at the date of their application, be the subject of a deportation order or a decision to make a deportation order;
• It is a form of temporary leave to remain and is not a route to settlement. It is important to note that this decision is a refusal of the child’s asylum claim and will attract a right of appeal. The child should be assisted to obtain legal advice on appealing against such a refusal. Before the child’s UASC Leave expires, they can submit an application for further leave to remain and/or a fresh claim for asylum, which will be considered. It is essential that they are assisted to access legal advice and make any such further application or claim before their UASC Leave expires.
  In such cases, care and pathway planning should therefore consider the possibility that the child may have to return to their home country once their UASC Leave expires or that they may become legally resident in the Bailiwicklong-term (if a subsequent application or appeal is successful). Planning should also cover the possibility that they reach the age of 18 with an outstanding application or appeal and are entitled to remain in the Bailiwick until its outcome is known;
• Refused asylum and granted no leave to remain. In this case the unaccompanied child is expected to return to their home country and their Care Plan should address the relevant actions and the support required. The States of Guernsey will not return an unaccompanied child to their home country unless it is satisfied that safe and adequate reception arrangements are in place in that country. Any appeal or further application should be submitted where appropriate by the child's legal adviser.
  Although the above are the four main types of outcomes for an unaccompanied child, there may be others. For example, a child may be granted discretionary leave depending on whether they meet other criteria such as needing to stay in the Bailiwick to help police with their enquires after being conclusively identified as a victim of trafficking. Other examples include: leave as a stateless person; limited or discretionary leave for compassionate reasons; and limited leave on the basis of family or private life.

However, every asylum application made by a person on arrival into the Bailiwick will be referred by the Immigration office to the LG for a decision. Any case that relates to un-accompanied minors (UNMR) will always be given high priority with appropriate safeguarding guidelines followed. Whilst a report for the LG is being built, no action will be taken to require the departure of the applicant from the Bailiwick. The completion of an in depth report can be time consuming, the UK time guidelines for Asylum cases is approximately 12-18 months duration, usually shorter for UNMR cases, however each case is considered on its own merits and the circumstances are often complex which may lead to longer duration periods for adults. In the first instance Immigration are required to establish, as much as reasonably possible, the individuals identity, nationality, and age. Unfortunately, due the preferential process route for UNMR, some young adults may reduce their age in an effort to have their case ‘fast tracked’, which increases risk levels to legitimate UNMR when looking to safe guard.  

If the asylum application is not deemed legitimate, because it does not meet the criteria for an asylum consideration under The Rules, the LG is not required to give the application substantive consideration and the applicant may be returned to port (country) of departure, as soon as reasonably possible. This is relatively straight forward if they arrive on a commercial vessel or aircraft and can be discharged very quickly.

However, if it cannot be proved from where they came, then it gets even more problematic. For example, when a small craft is encountered in our territorial waters. This can be further complicated as the individuals may not have proof of identity or nationality; and or may require medical attention. If there are unaccompanied minors, then particular care and priority will be given to these cases and the State will need to adopt guardianship whilst the matter is considered. We may not be able to prove they departed France and, even if we do, France may not be willing for them to return.

Therefore, every case will be considered on its merits and the timelines will be determined on the complexity.

Refusal of an asylum application

Once the LG has made the decision to refuse, a notice of a type determined by the Immigration office, is issued to the person advising of the refusal and the reasoning of the refusal. Once notified of refusal of asylum the person may be considered as;

1. An illegal entrant and removed under Section 10 of the Immigration and Asylum Act 1999; or
2. May be subject to deportation order, (a deportation notice should be served at the same time as any removal  notice is issued. A deportation order will allow for the applicant to be detained until his/her removal); or
3. Is refused entry.

Arrangements are made for the deportation/ removal of a person as soon as reasonably possible and travel conditions allow.

Legislation, Statutory Guidance and Government Non-Statutory Guidance

Statutory Guidance Modern Slavery: How to Identify and Support Victims

Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery: Statutory Guidance for Local Authorities, November 2017

Safeguarding Children who May Have Been Trafficked (Home Office, 2011) - non-statutory government good practice guidance.

Interim Guidance for Independent Child Trafficking Guardians

Independent Child Trafficked Guardians Referral Form - in areas where the ICTG service has been implemented, if the first responder considers a child to be a potential victim of modern slavery, they should refer them to the ICTG service by completing the online referral form.

Modern Slavery Victims: Referral - guidance on referring potential victims of modern slavery/human trafficking to the National Referral Mechanism.

Modern Slavery Act 2015

National Transfer Scheme Protocol for Unaccompanied Asylum Seeking Children - national transfer procedure on transferring unaccompanied asylum seeking children (UASC).

Revised Advice on Suitable Accommodation for Unaccompanied Asylum Seeking Children (April 2018)

Cross-border child protection cases: the 1996 Hague Convention (DfE) - guidance for local authorities dealing with international child protection cases.

Guidance on Processing Children's Asylum Claims - sets out the process which immigration officials follow in determining an asylum claim from a child and the possible outcomes for the child.

Age Assessment Process and Joint Working: Caseworker Guidance - immigration staff guidance on how the Home Office and local authorities in England assess age disputes from applicants claiming to be a child. 

National Age Assessment Board: Caseworker Guidance - immigration staff guidance on the commencement of the National Age Assessment Board (NAAB). 

Good Practice Guidance

Refugee and Unaccompanied Asylum Seeking Children and Young People: Guidance for Paediatricians (Royal College of Paediatrics and Child Health)

This revised modern slavery guidance provides an overview of modern slavery and the UK framework for tackling it, and provides targeted sections for officers working in different council services to help them understand their specific responsibilities.

Useful Websites

Local Government Association - Council Support: Refugees, Asylum Seekers and Unaccompanied Children - resource for council staff, designed to answer questions about supporting refugees, asylum seekers and unaccompanied children.

UK Modern Slavery Helpline and Resource Centre - Unseen (Registered Charity)

Refugee Council - Children's Panel - national remit to offer advice and support to unaccompanied children, and advise other professionals who are involved in their care.