Transcript Child Trafficking Training

Detention of children in
the host country & their
return
Children and Families Across Borders
(CFAB)
Andy Elvin CEO
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)
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
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
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.
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
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
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
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.
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
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
Free Advice Line
020 7735 8941
Monday to Friday
10.00 a.m. - 4.00 p.m.
www.cfab.org.uk
Thank you!