Child Protection Guidance 2021

Part 4: Specific support needs and concerns 188 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 4.326 Routes of Arrival. The most common routes of arrival of unaccompanied asylum-seeking children include: • ‘spontaneous’ arrivals in local authorities, transport hubs or ports of entry • transfers through the National Transfer Scheme ( NTS), which is provided for through section 69 of the Immigration Act 2016, and allows for the legal transfer of unaccompanied asylum-seeking children from one local authority to another local authority in the UK, on a voluntary basis • resettlement through the Vulnerable Children’s Resettlement Scheme ( VCRS) which will shortly be replaced by a new global settlement programme • family re-unification with eligible sponsors through the existing Immigration Rules which is set out in the guidance an Overview of family reunion options in the Immigration Rules (Home Office, 2020) 4.327 Age assessment. The Human Trafficking and Exploitation (Scotland) Act 2015, section 12, makes provision for a presumption of age in relation to suspected child victims of human trafficking to be given the benefit of the doubt in circumstances of assessing age. If there is uncertainty about a suspected victim’s age and reasonable grounds to believe they may be a child (under 18 years of age), a relevant authority such as a health board or a local authority should in exercising various statutory functions assume that the victim is a child (under 18 years of age) for the purpose of providing immediate support and services to the child until their age is formally established. 4.328 In cases where a young person is not necessarily thought to be a victim of trafficking, young people are increasingly being given the benefit of the doubt for the purposes of support during the age assessment process. Whilst this has not been explicitly legislated for, this position is supported by case law as set out in Age Assessment Practice Guidance for Scotland (www.gov.scot) . 4.329 Communication and interpreting. Practitioners must be aware of and plan for additional communication support and interpreting needs when disability and/or language difference is a barrier to understanding. 4.330 Protective response is personal. Children in these categories often feel alone and afraid. They need calmness, they need to be listened to and heard. They need acknowledgement, acceptance, respect, honesty, sensitivity and care. First impressions of kindness or coldness have an impact. If a practitioner is accessible, responsive and reliable, this will promote trust and recovery. If the child absconds they need to know they can return. 4.331 Past trauma, persistent feelings of threat and anxiety about asylum decisions (when relevant) significantly impact on children’s mental health. Re-telling stories several times (and not just for asylum purposes) is a common source of anxiety for young people. Alongside having a safe space to remember, they may also need encouragement and enough space to forget and form new routines and relationships, and to reconnect or maintain contact with families if safe to do so. For those who have travelled across borders, the strangeness, separations, language differences and confusing systems all combine to add to experiences which can be frightening, unsettling and re-traumatising. Resources and References – Unaccompanied asylum-seeking and trafficked children