1 Social Work Team for Separated Children Seeking Asylum in Ireland The Irish Model of Care & Protection for UAMs How and why Ireland uses child development and child protection specialists to make best interest determinations for separated children in the immigration and asylum process. Thomas Dunning Tel: Principal Social Worker Health Service Executive of Ireland 18 December 2013
2 PRESENTATION OVERVIEW Social Work at a glance Legislation / Referral System in Ireland Quick look at service development and referrals history Responsibility in loco parentis (the prudent parent) and Service Delivery Some challenges working with separated children in immigration systems.
3 International Definition of Social Work The social work profession promotes social change, problem solving in human relationships and the empowerment and liberation of people to enhance well-being. Utilising theories of human behaviour and social systems, social work intervenes at the points where people interact with their environments. Principles of human rights and social justice are fundamental to social work. Child development and child protection, counselling and psychotherapy, gerontology, medical, disabilities, substance abuse, psychiatric care, palliative care, probation and criminal justice, research, disease prevention and health promotion are some of the specialized areas in which we work.
4 Some Ethics and Core Functions of Social Work Practice Advocacy Confidentiality Client s right to self determination Non-judgemental regard Non-oppressive practice Adherence to Social Work Codes of Ethics We facilitate individual work, group/family work and community development/work.
5 LEGISLATION IN IRELAND 1. Child Care Act, 1991 Children are generally brought into care under Sec. 4 of the Act which is generally a voluntary care situation and may also be used for abandoned children. Emergency, Interim and Full Care Orders may also be sought from the courts. 2. Refugee Act, 1996 Sec 8.5 Where it appears to an immigration officer that a person is a minor and unaccompanied by an adult they must be referred to the HSE. *In regards to children, the Child Care Act supersedes the Refugee Act, however once the UAM turns 18 the Refugee Act takes precedence.
6 HISTORY OF SERVICE DEVELOPMENT 1996 First separated child arrives in Ireland No specific service in place and eventually responsibility for the few clients (less than 10) defaults to a local area community SW team. Services are provided by 1 Social Work Team Leader and 2 Social Workers while still maintaining their regular workload CRISIS! 520 referrals are made to the Health Boards; emergency hostel accommodation is provided by the Dept. of Justice Service becomes formalized and a clinical team is put together. 1 Principal Social Worker, 2 SWTLs, 12 SWs & 9 Project Workers 2006 to PSW, 3 SWTLs, 14 SWs, 14 PWs (32 clinical staff) 2009/2010 Following years of campaigning, the development and implementation of an Equity of Care Principle saw the closing of children s hostels and disbursement of SCSA to foster care and local teams around the country Establishment of National Office for Separated Children within the Health Service.
7 Current Social Work Team in 2013 Following the restructuring of the service we have now 1 Principal Social Worker 2 Social Work Team Leaders 5 Social Workers 4 After Care Project Workers All specifically dedicated and responsible for meeting the statutory obligations regarding separatced children in care of the State. Still the most gender balanced and ethnically diverse clinical team in the country with a current make up from Ireland, Ethiopia, Canada, Zimbabwe, India, Australia, Nigeria, South Africa and USA. (Historically, we have also had staff from Germany, Japan, France, Finland, New Zealand, Spain, Switzerland, Austria, Portugal, Croatia, Rwanda, Brazil and Kenya.)
8 REFERRAL SYSTEM GNIB (Garda National Immigration Bureau) & ORAC (Office of the Refugee Applications Commissioner) 2012 referrals: to date 114 Compared with peak years of:
9 SOCIAL WORK TEAM, in loco parentis, HAS RESPONSIBILITY FOR: Child protection risk assessment (includes screening for any trafficking indicators) including a dimension on age, identity issues and exploration of any contacts in Ireland. Explore and assess appropriateness of possible family reunification within Ireland, a voluntary return home to country of origin or including a third country where the family may be, such as another EU member state. Accommodation provided in standardized, regulated and registered children s home (residential unit, not more than six children) or fostering/supported lodgings placement. Educational, social, emotional, religious/spiritual, psychological and medical needs. If and when appropriate, enter the child into the asylum process Attend all interviews and any appeal hearings and any court appearances related to asylum or legal status in the country, even post 18 years. When appropriate, make representations on the child s behalf to support their application for protection or permission to remain in the country. Interdisciplinary/Interagency planning and follow up and referral to any specialist services if required.
10 SOME PRINCIPLES OF OUR SERVICE The welfare of the child is paramount Best interests of the child should be deciding factor in all decisions. Best interest of child is generally to be with family and as such family tracing is a vital part of our service delivery. We must take into account the wishes of the child, having due regard for their age, but not forgetting our role in loco parentis. The separated child must be afforded the same standard of care as other children in the care of the State. (Equity of Care) Psycho-social-developmental implications of pre-migration, migration and post-migration experiences must be considered SCSA are first and foremost children, with an absolute right to care and protection A child first, everything else is secondary
11 Working with Immigration Officials Challenges and Solutions ACCOMMODATION Historically in Ireland ( ), the Department of Justice had responsibility for the processing and accommodation of all asylum seekers (which included any UAMs) presenting in Ireland. Children were housed with adults at first and then in slightly more appropriate hostels for children. The Health Services eventually took over running the hostels in an attempt to ensure the welfare of the children, but this was an impossibility due to the numbers of UAMs presenting. While some very small children were provided foster family placements, there could still be up to 45 teenagers or more in dormitory-style accommodation with no care staff on duty. In time, pressure increased on the State by both the State s social workers (who refused to sign off on much of their work due to the unsatisfactory arrangements in place for the children) and the NGO sector. There was also the publication of the Ryan Report which brought the issue of this twotiered system of care to the attention of the media, politicians and the general public. All of this energy resulted in the development of an equity of care principle. The hostels started to be closed and foster placements or children s residential placements were secured. We now have four residential units with 18 short term intake beds (pre-fostering / prefamily reunification) and 6 long term beds. The money saved by closing the children s hostels was reallocated for 80 fostering or supported lodgings placements of which about only 40 were eventually used. The team is now a national short term intake, assessment and support service rather than a long term children in care team which we were before.
12 Working with Immigration Officials Challenges and Solutions ASYLUM Interdepartmental trainings on working with and interviewing vulnerable children has been on the greatest tools to improving services to children. The social work team, any interviewers of children from the Office of the Refugee Applications Commissioner, along with the case managers from the Legal Aid Board s Refugee Legal Service all attend the joint trainings which are facilitated by the UNHCR. The invaluable training continues to help us understand each other s roles and puts faces to names from what was once perceived as the other side. This also helps the children feel more comfortable at interview (which of course can be a very stressful time) when their social worker has some rapport already developed with the interviewer and the understanding is that everyone is there together to best meet the needs of the child. Managers from the three departments meet regularly throughout the year to address any issues that may be arising in the practical delivery of services and to share information about any service changes or policy developments. Lastly, while it can be stressful for young people waiting for the decisions to come, in Ireland it is generally the practice that final protection application decisions are not issued to young people while still being accommodated by the Health Services. The theory behind this practice, as I understand it, is that to issue a child with a final negative decision (generally a deportation order) would put the child at risk. Risk of going missing, risk of placement and educational disruption, risk of dangerous or self-harming behaviours.
13 Working with Immigration Officials Challenges and Solutions ISSUES WITH AGE While the Department of Justice and Equality holds ultimate responsibility for the determination or acceptance of someone s age, the clinical opinion of the social workers is sought for most applicants claiming to be a minor. This opinion is often formed after a robust child protection risk assessment which includes interviews and observations (by social workers, child care workers, foster carers, residential workers and teachers), usually over a brief period of time. The formed opinion is shared and generally accepted. This was not always the case in Ireland. However, an awareness exists now that child development and child protection specialists are best placed to form such an opinion as opposed to an immigration officer. Inter-departmental disagreements regarding outcomes of the child protection risk assessments are exceptionally rare. This too, was not always the case.
14 Working with Immigration Officials Challenges and Solutions AGEING OUT & LEAVING CARE Building a positive working relationship with the Reception & Integration Agency (RIA) of the Department of Justice and Equality has been another great development for serving young people preparing to leave state care. The equity of care principle for separated children meant a challenging dispersal of young people from the children s hostels in Dublin, to foster care placements around the country. At the same time, a new policy regarding the accommodation of young people transferring into the state s direct provision scheme for adult asylum seekers was also being developed. Rather than continuing to move UAMs that turned 18 years old (often in the middle of school year) into single men hostels (generally in Dublin) or single women hostels (in Galway on the west coast of Ireland), a joint inter-departmental policy was developed to identify specific family centres within the adult accommodation system that might have local aftercare supports already in place or that could be developed to meet the needs of UAMs transferring into the local area. The towns of Cork, Sligo, Galway, Limerick and Waterford were identified as being able to best meet the needs of the UAMs with active aftercare and advocacy social networks.
15 IF POSSIBLE Some suggestions for improving service delivery to children when there may be legal systems, practices or other barriers in place. Develop quality relationships with both local children s rights NGOs and governmental immigration services. Keep in mind that the best interest of the child is paramount and that the rights of a child must supersede the rights of the state. If a guardian system is in place, ensure the guardians are professionally qualified social workers or other relevant children s service professionals. Work with immigration departments to ensure no child is interviewed without a professional advocate present and encourage child-friendly interviewing training for interviewers of children and decision makers. Seek opinions on age that are formulated first by child development specialists. Build bridges between adult asylum-seeker accommodation services and after care services to ensure the best possible social and emotional outcomes for the AOM. Protect yourself by recognising that not every separated child is a refugee child; economic migration is a fact of life, a part of the human condition, and it seems that we re so afraid of being seen as judgemental that we often don t even acknowledge it as being a part of a child s reality. These children have rights too so help them speak their truths. Work with local or national police services regarding issues related to children that may go missing and the risks involved.
16 CHILDREN MISSING FROM CARE A practical example The HSE became increasingly concerned at the increase in missing children that began in the latter months of 2008 and continued up to the summer of 2009; many of whom were suspected by social workers to be potential victims of trafficking. The level of interagency cooperation between the HSE and the GNIB has been consistently high and was intensified in the face of the increase in missing children that presented in late 2008 and early To address this situation a Joint National Protocol on Children who go missing from care has been agreed between the Gardai and the HSE.
17 Joint National Protocol on Children who go missing from care The following measures were agreed: Collaborative interviewing at the ports or other appropriate location between social workers and Gardai. Fingerprinting of persons presenting as underage at the ports, for tracking missing children purposes. Planned Garda surveillance of those at risk of going missing from the point of presentation at ports to the initial placement period in hostels (now, children s residential units). Monitoring of the notification system of missing persons to local Gardai to be closely monitored by Garda Inspectors. Joint training of HSE staff and Gardai/GNIB staff in relation to children at high risk of going missing. Sharing of photographic evidence between the HSE and Gardai. These measures were implemented and existing processes improved throughout the first half of Links between local Garda stations in whose areas the hostels were located and HSE/hostel staff were strengthened. The GNIB mounted several surveillance operations with the collaboration of HSE staff on the high risk group as profiled and successfully tracked some children who went missing. 81 of 846 (9.6%) children went missing from the service in of 48 (4%) children went missing in 2012.
18 Referrals to HSE s Separated Children Seeking Asylum Team 2000 to 2013 to date Year Total Referrals to the HSE s Team for SCSA Placed in care Completed Family reunification service provided, regardless of placement in care status. Other * *
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