Child Protection Guidance 2021

Part 4: Specific support needs and concerns 186 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 4.317 The Convention was implemented by the Parental Responsibility and Measures for the Protection of Children (International Obligations) (Scotland) Regulations 2010 (SSI 2010/213, as amended) and these place duties on local authorities to respond in a timely way to certain types of request. A list of the countries that have implemented the Convention can be found on the Hague Conference for Private International Law website. In this list only those States which have ‘entered into force’ (EIF) are operating the Convention. Agencies that can offer practical advice, direct services and support on handling cross-border cases include Children and Families Across Borders (CFAB), which has a national advice line on inter-country casework (funded by the Department for Education and Africans Unite Against Child Abuse (AFRUCA). 4.318 Abduction in the context of domestic abuse. In situations where abducting mothers have been fleeing domestic abuse, they may be involved in return proceedings under the 1980 Hague Abduction Convention on the Civil Aspects of Child Abduction. General considerations in this guidance to those facing domestic abuse apply. Mothers are likely to require legal advice and support to ensure that there are protective measures in place for the child’s safety and best interests within return arrangements. 4.319 Children and young adults. Part 1 of this Guidance outlines the potential overlap between child protection and the protective duties under the Adult Support and Protection (Scotland) Act 2007 (2021), the Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003. Resources and References – Children missing Protecting unaccompanied asylum-seeking and trafficked children 4.320 Article 22 of the UNCRC sets out general requirements on public authorities to take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures, whether unaccompanied or accompanied by their parents or any other person, receives appropriate protection and humanitarian assistance. 4.321 An unaccompanied asylum-seeking child (sometimes referred to as a child seeking international protection) is defined in UK immigration rules by the Home Office as a person under 18 years of age when the claim is submitted; applying for asylum in their own right; separated from both parents; and is not being cared for by an adult who in law or by custom has responsibility to do so. 4.322 Unaccompanied asylum-seeking children are the responsibility of the local authority in which they are found and require to be accommodated and supported under section 25 of the Children (Scotland) Act 1995. They are entitled, as any other child, to the full range of supports that can be made available to children under this and associated legislation and provisions. They should be allocated a social worker. They should be supported in accessing the full range of health care and education opportunities available to UK born children. Children who are outside their country of origin and separated from their parents, or legal or customary care giver, are the responsibility of the local authorities, who will assess their needs and offer support.