UASC policy and guidance
Updates on policy news relating to unaccompanied asylum seeking children in the UK.
Operational news and updates
June 2020
Description 21 charities have written to the Children’s Commissioner asking her to investigate failings to looked after children seeking asylum, including those who have been trafficked, during the Covid 19 pandemic. Issues highlighted include: children going missing and being re-trafficked; issues with public health information being inaccessible to children; lack of access to technology and the internet and an increase in mental health issues.
Independent Child Trafficking Guardians [ICTG] service expanded to new areas
May 2021
ECPAT UK
Description The ICTG service is now available in two thirds of local authority areas in England and Wales, meaning more trafficked children will access essential specialist support.
Positive engagement with the National Transfer Scheme by Norfolk County Council
December 2020
Description Norfolk council has been featured in a positive article about their participation in the National Transfer Scheme [NTS], having taken almost 50 unaccompanied asylum seeking children.
Statutory guidance
Assessing age for asylum applicants
January 2022 [updated]
Home Office
Description Guidance for Home Office staff on age assessment.
Comment Social workers should also refer to the Age assessment guidance published by ADCS [Association of Directors of Children’s Services], which provides support on how to undertake a thorough, high quality age assessment.
Care of unaccompanied migrant children and child victims of modern slavery
November 2017
Department for Education
Description The revised statutory guidance.
Criminal exploitation of children and vulnerable adults: county lines guidance
September 2018
Home Office
Description This guidance is primarily aimed at front line staff who work with children, young people and potentially vulnerable adults.
Guidance on legal aid for separated children
July 2019
Coram Children's Legal Centre
Description New guidance from charities working with separated migrant children has been published, outlining how to access legal aid for this group.
Interim guidance for independent child trafficking guardians
November 2021 [updated]
Home Office
Description Guidance on roles and responsibilities of Independent Child Trafficking Guardians [ICTGs]. Referral forms are also included as part of the guidance.
Legal aid eligibility for separated children with immigration or nationality issues
October 2019
Description Legal aid has been reinstated for immigration and nationality law for unaccompanied and separated children in care. This form of legal aid will also cover children in the care system who might be struggling to get through the EU Settlement Scheme because of complexity of their situation. More information about this change is available through Coram Children’s Legal Centre.
National transfer scheme [NTS] protocol
September 2022 [updated]
Home Office
Description The new NTS protocol, including frequently asked questions.
National referral mechanism [NRM]: guidance on referring potential victims
January 2022 [updated]
Home Office
Description Provides details on how to refer a child into the NRM, completing the referral form, reviews of decisions, and the benefits of referral.
Policy on age dispute cases in detention centres
October 2020
Home Office
Description This instruction sets out the policy and procedures to follow where an immigration detainee under escort or in an immigration removal centre claims to be under 18 years old but there is a lack of physical or definitive documentary evidence to prove this is the case.
Safeguarding strategy: unaccompanied asylum seeking and refugee children
November 2017
Department for Education
Description Updated version of the guidance.
Safeguarding strategy: letter to the Children’s Commissioner
January 2019
Home Office and Department for Education
Description A letter from the HO and DfE to the Children’s Commissioner for England outlining the progress made on the commitments in the Safeguarding Strategy for unaccompanied asylum seeking and refugee children.
What is a suitable placement for an unaccompanied asylum seeking child?
April 2018
Department for Education
Description Information for local authorities to accompany the national transfer protocol for unaccompanied asylum seeking children.
Government rules, regulations and information
Brexit: the end of the Dublin III Regulation in the UK
December 2020
UK Parliament
Description The ‘Dublin III Regulation’ and all other aspects of the Common European Asylum System will no longer apply to the UK from January 2021. Further to this research briefing, the UK Government have published a statement in regards to legal routes to the UK for unaccompanied children.
Briefing: immigration and nationality options for children in care
January 2021
Free Movement
Description Information for local authorities when applying for British Citizenship for children in care.
Consultation and review on legal routes to the UK for unaccompanied children
November 2020
Parliament UK
Description The Government have committed to a consultation and review on legal routes to the UK for unaccompanied children. They have also been asked to present a statement on the outcome of the review and to parliament.
August 2020
Home Office
Description The Home Office have confirmed that they successfully completed the Dubs scheme and has comprehensive data for section 67 of the Immigration Act 2016
EU Settlement Scheme: toolkits and guide for local authorities
May 2020
Description The Home Office has produced formal guidance on EU Settlement Scheme applications for looked after children, setting out the role of local authorities and health and social care trusts. The Children's Society has also produced a guide for local authorities specifically for looked after children.
- Home Office- EU Settlement Scheme: looked-after children and care leavers guidance
- Children's Society looked after children and the EU settlement scheme guide
Leave to remain for UASC who came from Calais - written statement HCWS961
September 2018
Caroline Nokes (Minister of State for Immigration)
Description A written ministerial statement to inform parliament of its intention to create a new form of immigration leave for those transferred to the UK to reunite with family as part of the Calais camp clearance between October 2016 and July 2017 and who do not qualify for leave under existing rules [ie are refused refugee status / humanitarian protection].
Safeguarding children who may have been trafficked
Published March 2015; last updated December 2020
Department for Education and Home Office
Description This guidance is for local authorities, to help agencies and their staff safeguard and promote the welfare of children who may have been trafficked. It should use it together with the related statutory guidance ‘working together to safeguard children’.
Separated migrant children given better access to legal aid
October 2019
Ministry of Justice and Legal Aid Agency
Description The Ministry of Justice re-introduced legal aid for the immigration and citizenship cases for separated children so those eligible to apply for EUSS could get free legal advice.
Funding information
August 2022 (updated)
Home Office
Description Updated funding instructions for Local Authorities have been published for 2022 - 2023 for both UASC in care and for those leaving care.