Asylum Seeking in the UK - Research Paper Example

 Asylum Seeking in the UK Abstract The number of asylum-seekers who apply for asylum from within the United Kingdom is on the increase as resources to cater for these asylum-seekers dwindle. In a globalised world, what transpires in faraway places does have a local impact and it is acceptable for the individual to try to do what is best for them. However, the care and protection of unaccompanied children who are seeking asylum in the United Kingdom is far more involved compared to the care of adult asylum-seekers or families. Unaccompanied children, who are less than eighteen years of age, are likely to need urgent assistance with a myriad of issues ranging from accommodation, subsistence, legal representation, assessment, protection and healthcare to education. The social workers who work with unaccompanied children seeking asylum must provide effective care while remembering that they are dealing with individuals who are children. This essay presents a discussion about unaccompanied children seeking asylum in the United Kingdom and the challenge of the social worker caring for these children. Declaration I certify that, except where cited in the text, this work is the result of research carried out by the author of this study. _____________________________________________ Name and Signature of Author October 2009 This write - up is for an essay on Social Work for Unaccompanied Asylum Seeking Children in the UK. . Biographical Sketch Acknowledgments Contents Introduction 1 Literature Review 5 Discussion 14 Conclusion and Recommendations 19 Bibliography/ References 22 (This page intentionally left blank) Introduction According to Rutter (2006, Pp. 3 – 5), the number of asylum-seekers seeking to enter Western Europe has been on the increase since the 1990s. However, it is important to understand that refugee children have been seeking sanctuary in the United Kingdom over many generations and this means that the phenomenon is not something that is entirely new. The Lord Mayor of London (2004, Pp. 1 – 7) states that over the years, Jewish and Basque children escaping the Spanish Civil War, children displaced by the Hungarian revolution and children from Vietnam have sought asylum in the United Kingdom. In the relatively recent past, children from Iraq, Afghanistan, the former Yugoslavia and Somalia have all benefited from the protection afforded to them by the United Kingdom and in many cases contributed to the diversity of this nation. However, the Department for Education and Skills, UK (2003, Pp. 1 – 5) suggests that although children in the United Kingdom are well loved, respected and cared for, like every other country Britain presents unequal life chances to all those who reside within its frontiers. This means that the protection and care of young asylum seekers in the United Kingdom presents unique challenges to the community and to the social worker because their status in the United Kingdom is in the process of being determined. Even the government of the United Kingdom cannot guarantee every child within its borders an entirely risk free existence. It is unfortunately true that persecution forces many to flee under unusual circumstances resulting in separation of families and children losing their parents or guardians. Sometimes the hope for a better future for their children forces parents to ask their children to take hazardous journeys into the unknown. Derluyn (2008, Pp. 319 – 322) suggests that unaccompanied children and adolescents seeking asylum in the United Kingdom or other nations are a particularly vulnerable group because such children and adolescents face unique risks due to the absence of their parents or guardians. The previously mentioned group is likely to have suffered traumatic experiences and they are in danger of exploitation or abuse. However, children and adolescents seeking asylum are likely to find any substitutes for parental authority unpalatable. These young individuals are likely to present psychological distress and behavioural problems that become worse by their exposure to various threats including threats arising out of a failure to meet their basic needs, threats of exploitation and a failure to understand properly a new culture. The Department for Education and Skills, UK (2003, Pp. 12 – 20) clearly indicates that the government in the UK has invested heavily in policies that try to ensure that that all children in the United Kingdom have a chance to succeed. However, even with such a commitment on the part of the government, it is impossible to guarantee that all British children receive adequate care. Thus, the problems that confront the young asylum seekers are more acute. Collett (2004, Pp. 77 – 79) presents the refugee dilemma and presents an idea of the unique challenge that social workers face when working with refugees and asylum seekers. On the one hand, ethical considerations impinge on the conscience to assist those with harsh experiences and for whom the future is still very much uncertain. However, the thinking of many in the society tilts towards refugees and asylum seekers being a threat to national identity, security and wealth. The fact that not every British child and adult has everything afforded to them makes the situation even more difficult for everyone in the host community and the voices that see asylum seekers as a threat are often powerful. Thomson (1993, Chapter 1) clearly presents the fact that social workers in the United Kingdom and in nearly all countries of the world must confront a myriad of issues related to discrimination, poverty, racism, oppression, abuse and violations of civil rights even for citizens. Often not everyone in the community is satisfied with the manner in which government policies approach many of the previously mentioned issues. Despite the moral and ethical resolve, government funding and provisions are not all encompassing even for those whose interests the government in the United Kingdom is most obliged to protect. Thus, a multitude of challenges confronts social workers who care for children who are unaccompanied asylum seekers in the United Kingdom. Government policies in the United Kingdom reflect the national and international values concerning children and the resolve to protect all children within the United Kingdom. UNICEF (2008, “Convention on the Rights of the Child”) clearly mentions that all nations of the world, except for Somalia and the United States of America have ratified this instrument. The two abstentions from ratification arise out of considerations related to lengthy scrutiny by domestic government prior to accepting an international treaty. The Refugee Council (2007, “Asylum Support – Unaccompanied Children seeking Asylum”) mentions that in the United Kingdom the Children Act 1989 protects national values and resolve for protection of all children in the realm. An unaccompanied child who is under the age of 18, or who appears to be under this age at the time of making an asylum application in the United Kingdom is considered as an unaccompanied child in accordance with the definition of a child within the meaning of Article 1 of the UN Convention on the Rights of the Child. The social services in the United Kingdom owe such children a duty of care, including that of assessment. Under Section 17 of the United Kingdom Children Act 1989 payment of subsistence and basic accommodation is a responsibility of the government and this means that social workers working for the Local Authorities interact and care for children seeking asylum. However, the United Kingdom government has a duty to that which is in the best interest of children seeking asylum and this means that the social workers have a duty extending beyond merely providing basic subsistence and accommodation. The right of a child to live with its natural family and the national interest demands that not every child with an asylum application has the right to remain, but social workers must still do that which is best for a child. Thus, social workers face unique challenges when caring for unaccompanied children asylum seekers. It is likely to be interesting and useful for all those with an interest in refugees and social work practice to try to better understand and appreciate the challenges that confront social workers who are involved with the care of unaccompanied child asylum seekers. The previously mentioned consideration is a motivator for research and this essay presents a discussion about the challenges that social workers face when attempting to promote and to protect the rights of unaccompanied children seeking asylum in the United Kingdom. Literature Review Rutter (2006, Pp. 21 – 33) suggests that refugee children in the United Kingdom are not a clearly demarcated group. However, in law it is not possible for the government of the United Kingdom to return unaccompanied asylum seekers denied asylum until they have attained the age of 18. This means that a substantial burden lies with the state to care for those unaccompanied children who are within the United Kingdom and who have applied for asylum, regardless of whether the asylum application is approved or not. An unaccompanied child who is applying for asylum within the United Kingdom requires care, protection and subsistence together with opportunities for normal development through education until they have attained the age of 18 and care to relieve any physical and psychological distress. The Refugee Council and BAA (2001, Pp. 1 -5) states that in the year 2000 about 2735 unaccompanied children under the age of 18 applied for asylum in the United Kingdom, based on a fear of persecution or a lack of protection in their own countries. In addition, Thomas (2004, Pp. 113 – 118) suggests that some unaccompanied children are likely to have been the victims of organised trafficking for exploitation or they may have faced other horrific experiences. According to the previously mentioned study, unaccompanied children in the United Kingdom are likely to likely to be looked after by local authorities who provide subsistence and accommodation, receive support from their communities or live independently while receiving financial support from the local authorities. They are entitled to early year provisions and health care benefit, having entitlements to compulsory education throughout the United Kingdom. However, despite the allocation of substantial resources to cater for refugees and asylum-seekers in the United Kingdom, it is unusual for social services to accept readily that they have a responsibility for asylum-seekers or other groups affected by immigration laws because it is difficult for anyone to verify quickly that individuals are bona fide refugees. Asylum-seekers may receive incoherent support and services because of unverified bona fides and confusion about responsibilities. Thus, a study carried out by Save the Children Fund reports chaotic, disturbing and inconsistent treatment of young children with the Home Office taking a prolonged period to decide (Hays, 2006, Pp. 45). According to Department for Education and Skills, UK (2006, Pp. 16), children who are unaccompanied asylum-seekers have the same rights as any other child in the United Kingdom, they have different needs to other children in care. Many children who are unaccompanied asylum-seekers have experienced horrific experiences and they may be experiencing acute hardship and trauma because of living outside of their habitual residence, unable to communicate properly because English may not be their mother tongue. Placing those who are amongst the younger asylum-seekers in foster care presents a problem because these children may not settle well and a frequent change in their living arrangements unsettles them even more. Unaccompanied children asylum-seekers lose contact with their own community, they have little extra help if older siblings care for them and the social services department is often unaware of those children asylum-seekers looked after by family friends or distant relatives. It is often difficult to find skilled lawyers for young asylum-seekers who can communicate with them. It is important for the unaccompanied asylum-seeker to learn English so that they can function more effectively, but this takes time. Sales (2004, Pp. 59 – 62) presents a discussion about the dilemmas related to balancing care and control that confront the social worker caring for the unaccompanied child asylum-seeker. A typical social worker who finds that they are required to extend assistance to an unaccompanied child who is an asylum-seeker is likely to be much unprepared, without any specialized training for the task. The social worker is likely to feel sympathy with a desire to assist a young child, but they may find that the attitude of immigration officers who must enforce border control laws to be puzzling. Coordination between government departments is likely to be difficult and community attitudes divided. Although sympathy and help is often forthcoming from within the local communities, an abundance of racism and thoughts about the underprivileged locals are also likely to permeate. Increasingly, social workers find that they have to act as gatekeepers to resources, not easily released by the bureaucracy because such resources are scarce. Thus, balancing resources and needs to provide care for a child to ensure that no harm befalls them and that they do not harm others is likely to tax a social worker. Sometimes, issues of race and ethnicity can colour delicate judgements, as a social worker is unable to decide who is a “genuine refugee” and which child is one who is loose in a community as a “bogus asylum-seeker”. Paucity of resources may mean that the social workers may feel neglected when working in a less than palatable environment. Often social workers who are a part of a large bureaucracy machine cannot develop relationships with their clients. An ongoing scrutiny of immigration status, which lies in the hands of the immigration officials of the Home Office and others who are zealous about applying immigration law, may not make matters any easier. The discussion presented in Hek (2005, Pp. 6 – 12) points to a gradual tightening up of laws and policies related to asylum-seekers in the United Kingdom. A reduction in the entitlements and support that asylum-seekers are eligible to receive points to a paucity of resources, changing community attitudes and an enlargement of the refugee problem that the United Kingdom faces. Unaccompanied children asylum-seekers now have fewer choices when it comes to deciding about the location of their housing, sometimes they separate from older caregivers and it is possible for them disperse within the country as their claims are examined. A child can end up in detention as claims about their age are decided and this is likely to be a horrifying experience. Vouchers and assistance rendered by social workers makes a child identifiable as an asylum-seeker and this can render them more vulnerable. Access to health services is now tighter in the United Kingdom for those whose status is under consideration. Although ongoing education is important for children, a lack of funding and the procedural nature of bureaucratic mechanisms mean that it is often necessary to place a child on a waiting list. In addition, poverty arising out of the limited support is likely to make children to perform poorly. It is important to understand that the educational curriculum in the United Kingdom is not about rote learning and the educational system prefers teaching children creative problem solving, which demands well-settled children who are well provided and able to focus on their studies. Schools in the United Kingdom are not keen to offer places to unaccompanied asylum-seekers because they know that a lot of extra effort is required to properly cater for the educational needs of such children and also because the whole class may suffer as a result of trying to cater for the needs of a refugee child. Differences in the education system of the United Kingdom and the country of origin of an unaccompanied child who is seeking asylum in the United Kingdom add to the problems together with a lack of fluency in the English language. Clearly, a social worker has to struggle to deliver even that to which a child is entitled. Russell (1999, Chapter 1) suggests that a social worker should be able to find a balance between the universal and specific needs of their unaccompanied asylum-seeker child. However, this is not something that is easy to do, not only because the system is increasingly hampered with resources that are shared amongst a larger number of asylum-seekers, but also because even the child asylum-seeker is often secretive and reluctant to fully open up to share information. Often older relatives have urged unaccompanied children, like other asylum-seekers, to become a success in another country and they must gain citizenship to do this. However, revealing any economic sub-text to their flight from their places of usual residence can jeopardise their claims and this means that they are not likely to open up and those who must care for them have lingering doubts. Furthermore, even though an unaccompanied child may have been urged on by their family to try to secure citizenship, Western values are likely to neglect economic aspects and deprivation to focus on the more abstract concepts of persecution and human rights. The emphasis for the social worker and the government will be on repatriation and re-integration with the family, but the asylum-seeker is likely to be more interested in having even more relatives resettled into the United Kingdom. Thus, silence or an exchange of truth tainted with lies is likely and this de-motivates everyone including social workers who have difficulties in deciding. Rutter (2006, Chapter 5) suggests that social workers who have been trained to be caring and considerate to humans to serve their own communities are likely to find it difficult to accept that in immigration matters, the law is more liberal than the practice. Those who have to decide about asylum status and allocation of resources often hold all refugees to very high standards of proof to try to maintain the number of asylum-seekers to limits decided on by the Home Office. Such efforts are not necessarily concerned with the strength of claims that an asylum-seeker has and an absence of information affects both the asylum-seeker and those who care for them. Thus, the puzzling attitudes of the officers from the Home Office and those guarding the gates to keep asylum-seekers away will cause anguish to many social workers involved with their care. Such mental stresses are likely to result in a burnout and difficulties in coping with the demands of the job. Social work with refugees is of particular concern because in this line of work everyone tries to deny resources to someone in need who may or may not be bogus. Thus, the social worker caring for unaccompanied child asylum-seekers may feel at times that they are in an impossible position. Although legal aid is available to asylum-seekers in the United Kingdom, solicitors may themselves try to make judgements and hinder applicants without doing the best for them. Thus, deadlines for appeals may be deliberately missed and clients not informed of their rights with normal processes becoming complicated to end in courts, with asylum-seekers losing entitlements. The vision about how asylum-seekers are processed and dealt with is likely to be different from the reality and this presents a serious challenge to the social worker. Sales (2004, Pp. 60 – 62) laments that cases involving asylum-seeking children are likely to take more time, effort, care and attention compared to those involving other asylum-seekers. A sense of urgency about dealing with cases involving children who are unaccompanied asylum-seekers is lacking in the United Kingdom, unlike Finland and some other European countries, which emphasises speedy processing of such cases (see Hays, 2006, Chapter 11). It is often difficult for social workers to consider children only as clients and this means that social workers often ponder on whether they should continue to champion the cause of a child after all legal processes for deciding about their asylum application are exhausted. The social worker has to decide about what best is possible care for children within limited resources and social workers and others have to try to help a child to present their case by assisting them to recount and to recall the circumstances under which they arrived in the United Kingdom to seek asylum. Fine judgements are often required in all matters related to an unaccompanied child asylum-seeker, including those related to the group closest to a child and the social worker often feels responsible for these judgments. The right answers are likely to demand that a child’s personal history of attachment, development, intellectual history, academic exposure, circumstances that led to them fleeing their home, socialisation and adjustment in their present environment be considered when a child is unwilling to cooperate fully. If an asylum application fails, the removal process often compromises the needs of the children. Some of the more recent concerns related to social work with unaccompanied children who are asylum-seekers in the United Kingdom are in Community Care, UK (2008, “Unaccompanied asylum seeking children”). The government in the United Kingdom has tried to relieve the pressure on major urban centres, such as London, where a large number of unaccompanied asylum-seekers live by involving 50 – 60 local authorities outside of the urban centres. Efforts are under way to try to enhance the speed of processing for child asylum-seekers. Community Care, UK (2008, “Unaccompanied asylum seeking children”) further suggests that the support entitlements of child asylum-seekers whose claims have failed are to be restricted further and they will have Section 4 support rather than leaving care support, with social workers having an input into assessment. Clearly, considerations arising out of cutting costs and reducing the backlog of all asylum applications, including those for unaccompanied child asylum-seekers adversely affect care matters and highlight the dwindling resources available to the social worker. Even the councils are finding it difficult to step forward to accept the role of caring for unaccompanied children asylum seekers because of the financial burdens imposed by leaving care costs. However, although the High Court in its judgement in the Hillingdon Case supported care for unaccompanied children seeking asylum, the question remains about the source for raising the necessary finances to care for the unaccompanied asylum-seekers who are growing in number in difficult times. Increasing local taxes does not go well with the population because the United Kingdom is already a high taxation country that must cater for an increased demand from its own citizens during times of global recession. In the case of the Hillingdon Council, an increase in taxes by 1% solved the problem, but it is important to understand that other pressing concerns needs funds as well and during tough economic times, even the taxpayers are short of funds. Thus, the social worker remains squeezed for resources, with the Home Office trying to remove asylum-seekers of all types from the country as more try to pour in due to global events and the local community confronts tough economic times. It is clear that the job of social workers responsible for providing care to unaccompanied children asylum seekers is not an easy one and perhaps the greatest challenge is to remain detached to try to provide the best care possible under the circumstances. Discussion It is clear that the number of asylum-seekers in general and the number of unaccompanied children who apply for asylum within the United Kingdom has increased over the years. This is not necessarily, due to people from underdeveloped nations wanting to benefit from the vastly superior opportunities that the United Kingdom has to offer in comparison to the nations where they were born. It is clear to anyone with an interest in international affairs and developments from around the world that events that adversely affect lives have seen an upsurge, with wars, persecution and discrimination increasing along with poverty due to escalating cost of living involving prices of food and energy. Thus, motivators that force individuals to take the huge risks involved with applying for asylum in a foreign country that is far away from their country of birth are on the increase. It is not possible to blame the individual for wanting to try to improve their hopeless situation by escaping to take the risks elsewhere, even though the utter insincerity of governments and political groupings that cannot work to improve the condition of their people pains all those with a conscience. In the modern world, notions of nationality, loyalty to the nation and acceptance of a futile future involving wasted lives are different from what they used to be in the past because processes of globalisation and modernisation have changed attitudes. However, even the resources of nations that accept refugees and asylum-seekers are limited and it is for this reason that very few of the asylum-seekers will have permanent resettlement and their stay in the United Kingdom, or in any other country in which they seek asylum, will be a harsh experience. A constant increase in the numbers of asylum-seekers coupled with the dwindling resources to provide care to these individuals lie at the heart of all the challenges faced by social workers who must provide care to such people. Economic difficulties of individuals in the United Kingdom at a time of global recession and change together with competition for allocation of community resources makes it difficult for the government in the United Kingdom to increase allocations for the care of asylum-seekers. Those who are poor and underprivileged in the country have a right to expect that their government will act to provide them with a better future. Thus, social workers must continue to try to do that which is best possible under difficult circumstances to honour their ethical beliefs and obligations. However, this is by no means an easy task and caring for unaccompanied children who seek asylum in the United Kingdom is amongst the most difficult of all undertakings presented to any social worker. The cutbacks, which the central government makes out of necessity in grants to the local authorities, result in dramatic cutbacks in services for asylum-seekers and to anti-immigration sentiments. Reduced funding affects social work practice and the social worker who feels demoralised and unable to do more. It is important to understand that for social workers, effective practice of working with any client requires a certain level of emotional commitment and caring. Unaccompanied children require the most effort to deliver care, with the social worker being aware that the chances for permanent resettlement of an unaccompanied asylum-seeker are always in doubt. It is very likely that for those social workers who work with indigenous children, favourable comparisons will be forthcoming about working with children who are asylum-seekers, but social workers accomplish their aims and develop trusting relations with their clients gradually over a period. Thus, it becomes difficult to terminate relationships suddenly when the Home Office makes an adverse decision. Asylum-seeking children are unlikely to be forthcoming, open or even honest about their circumstances, not only because they are likely to have suffered a lot and also because they have a lot at stake. Thus, it is particularly difficult to make optimal decisions for such children. Whereas much more support is likely to exist for children who are citizens within the community, the difficulties that an unaccompanied child presents deter many whose cooperation is desirable for assisting such children. When assisting any client, including an unaccompanied asylum-seeker, a social worker provides a child with assistance that satisfies their needs for shelter, including accommodation and sustenance. In addition, the social worker is helps a child by providing them with a safe network of friends and even distant relatives who the child can relate to better. The social worker has to deal with a child sympathetically and develop trust so that it is possible to use the information that a child provides for their welfare. The social workers should assist an unaccompanied child asylum-seeker to live in homely environment and to use formal networks to assist them with their educational and medical needs. However, formal networks are likely to be become more constricted when an unaccompanied asylum-seeker is involved, because as stated previously, resource limitations with unexpectedly larger demand and competition for allocation of resources discourages. In addition to the use of formal networks for assisting with the care of clients, social workers must also depend on connections and informal networks in the community to assist their clients. Those who are with unaccompanied asylum-seeker children when a social worker is not available act to keep the social worker informed about the feelings and problems that confront the child. However, linguistic and cultural barriers can make social workers wonder if it is best to consider the unaccompanied asylum-seeker child that they are caring as being just another child coping with extraordinary circumstances. It takes time to develop the trust, understanding with children that will enable social workers to construct and deconstruct what is available for a child who is seeking asylum, and a social worker may be at odds with the immigration authorities and others as they try to do this. Trust is important in social work relationships. However, it takes time to develop this trust with an individual who is likely to develop acute anxiety, depression and post-traumatic stress due to their experiences after having fled from persecution. The previously mentioned conditions required imminent attention and treatment to relieve a child, but procedural matters often stand in the way. Finding interpreters, GPs with vacancies, schools which can accommodate an unaccompanied asylum-seeker child or even assisting other officials who want to have information about a child has the capacity for overwhelming a social worker. Typical policies and procedures related to the care of unaccompanied asylum-seeker children implemented by a local council in the United Kingdom are in (Bracknell Forest Borough Council, 2004, Pp. 1 – 18). It is clear from the previously mentioned document that each unaccompanied child who is an asylum-seeker presents the system and the social worker with a need for carrying out assessments, providing basic services, ensuring protection and provision of healthcare, providing education, ensuring legal counsel and coordination and exchange of information. However, all unaccompanied children who are seeking asylum in the United Kingdom are first to be considered as children who deserve all the consideration they are entitled to. This is the greatest challenge that social workers who work with unaccompanied asylum seeking children face because it is the attitude of the social worker that can make all the difference to a child despite the lack of resources, the compassion fatigue demonstrated by many, the resentment and confusion in the community and the harshness of immigration law. Clearly, a social worker must be able to do that which is best and attitudes do make a difference. Conclusion and Recommendations It is clear from the previous discussion that unaccompanied children seeking asylum in the United Kingdom present an urgent need for assistance to social workers when available recourses for presenting effective support are dwindling. However, a social worker is likely to feel more assisted when helping indigenous people compared to when they are trying to support those unaccompanied children who are seeking asylum. It is not that the wrong attitudes prevail or that the social worker will not do their best. The problem is that despite all the hard work, effort, caring and attention rendered, the system is designed to filter out the very few who will be granted a leave to remain and to encourage the others to leave because the United Kingdom, like many other countries, cannot accept everyone. Thus, it is important to try to present effective training to social workers who will work with unaccompanied children seeking asylum and to try to develop clear procedures and guidelines that will formalize the work of social workers within their place of work. Doing this will minimise the effort required by social workers to dream up solutions to the situations that they confront when caring for unaccompanied children seeking asylum in the United Kingdom, minimise burnout of social workers and present effective support to unaccompanied children while taking into account the policies and desires of the government. (This page intentionally left blank) Bibliography/ References Ayotte, W and Williamson, L. (2001) Separated Children in the UK: an overview of the current situation, London: Save the children and refuge Council BAAF and refuge council (2001) Where are the children? London: Refugee Council Brandon, M., Schofield, G. and Trinder, L. 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Social Work, Immigration and Asylum: Debates, Dilemmas and Ethical Issues for Social Work and Social Care Practice, London: Jessica Kingsley Community Care, UK (2008) Unaccompanied asylum seeking children, Reed Business Information Limited, Retrieved: October 17, 2009, from: http://www.communitycare.co.uk/Articles/2008/06/17/107368/unaccompanied-asylum-seeking-children.html Department for Education and Skills (2003) Every Child Matters, Department for Education and Skills, UK Department for Education and Skills, UK (2006) Care Matters: Transforming the Lives of Children and Young People in Care, Department for Education and Skills, UK Derluyn, I and Broekaert, E. (2007) Different perspectives on emotional and behavioural problems in unaccompanied refugee children and adolescents, Ethnicity and Health Hayes, D and Humphies, B. 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