Page 32 - Getting it Right for Vulnerable Children and Young People in North Ayrshire

Section 2 – Brief Guidance and Signposting Children and young people who may be seeking refuge or asylum. Definition The definition of those seeking refuge is the same whether a child or young person is seeking refuge within their own country because of abuse and neglect or coming from overseas. The common denominator is that the child or young person is seeking and is being offered protection from those influences causing them harm. ‘An asylum seeker is a person who has asked for protection who is from outside the UK but has not received a decision on their application to become a refugee, or is waiting for 11 the outcome of an appeal.’ Brief Overview Children or young people may seek refuge in response to many different problems including family conflict, abuse or neglect. They may already be living away from home in accommodation provided by a local authority. They may be troubled by difficulties at school, problems with drugs or alcohol, pregnancy or offending. Local processes should be followed when attempting to identify and confirm a place of refuge. Section 38 of the Children (Scotland) Act 1995 enables local authorities to provide short- term refuge in designated or approved establishments and households for children who appear to be at risk of harm and who can request refuge. A refuge does not need to be a Children’s Unit. It can be a foster carers or other local authority accommodation. The aim is to provide somewhere safe to stay and to gain access to advice and help for a short period in order to resolve the crisis. Guidance and Legislation The legal status of children in short –term refuge does not change. They are not looked after by the local authority unless they are already subject to compulsory supervision. Refuge may be provided for a period of up to 7 days or, in exceptional and limited circumstances, for a maximum of 14 days in order to reconcile the child with family or carers or to divert the child or young person to other suitable services or accommodation. When a child has been provided with refuge the local authority must notify a responsible person in relation to the child. If the responsible person holds parental responsibilities and rights and does not wish the child to remain in a place of refuge and the child does not wish to return home, the local authority may decide to pursue alternative legal measures to safeguard the child. 11 Good practice in social care with refugees and asylum seekers (2010) reviewed 2013 Social care institute for excellence Getting It Right For Vulnerable Children and Young People in North Ayrshire Live V1.2 April 2014 Page No:32