Policy resources for Local Authorities

This resource is based on an internal protocol developed by South London Refugee Association and the London Borough of Merton with a team of Social Workers and care experienced young people who have gone through the asylum process. It is intended as a guide to support good practice. It was originally published by SLRA in May 2023. We have endeavoured to update the guidance in line with any changes but all users of this resource should ensure that they are using the most recent version and that they have sought advice on any further changes to legislation or policy. 

For best practice please read and use in conjunction with our ‘Immigration Support for Children in Care and Care Leavers – Policy Resource for Local Authorities’ which can be found below. 

An unaccompanied asylum-seeking child is defined by the Home Office as a young person under the age of 18 making an application for asylum in his or her own right and who “has no adult relative or guardian to turn to in this country”. These children may have arrived in the UK by themselves or with an adult who later abandoned them or who does not present as a suitable carer or guardian. 

These children are included within the framework of the Children Act 1989.  Local authorities should be guided by the principle that they are children first and foremost, and so should be afforded the same level of care as any other child, which includes fulfilling all relevant statutory duties, acting in their best interests, promoting their welfare and protecting them from harm 

However, these children and young people face particular difficulties as they have been separated from their families, local communities and cultures and are likely to have experienced considerable physical, sexual and/or emotional harm and exploitation. 

Statutory guidance lays out the duties local authorities and social care practitioners have in supporting unaccompanied asylum seeking children in care and care leavers. This policy is intended to provide supplementary guidance.  

Where reference is made to ‘young people’ it means that the information is relevant to both children and 18-25 year olds. 

Unaccompanied asylum seeking children are the responsibility of the local authority because they meet the Section 20 criteria of the Children Act 1989 by the fact of “there being no person with Parental Responsibility” for them, and/or the person who has been looking after them “being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care”, and/or because they are “lost or abandoned”. 

These children must be assessed and cared for by the local authority in exactly the same way as any other children who are assessed as Children in Need. Whilst there is a presumption that they fall within the scope of Section 20, other factors and alternatives should be considered, including applying for a care order (particularly for children who are younger, those at risk of trafficking, and / or have additional needs) or considering, and potentially assessing, family members who may be able to sufficiently care for the child. The case of J (Refugees) is the leading guidance on how unaccompanied asylum seeking children should be care and when a care order may be appropriate.

[Last updated April 2026]

Children may be referred to the local authority but some present directly to Children’s Services. In these instances, it will be the responsibility of that local authority to assess them as a Child in Need using The Single Assessment Framework. 

If there is reason to believe that the child may have been trafficked into the UK, a Section 47 Child Protection Investigation will need to be initiated. A referral to the National Referral Mechanism will need to be made as a first responder in accordance with the NRM guidance, as will a referral to the Independent Child Trafficking Guardianship Service where this service is available. Please see the section on Trafficked Children and Young People for further guidance. 

At the earliest opportunity after their urgent needs have been met, the first allocated social worker should contact the Home Office Asylum Intake Unit (by emailing child.asuappointment@homeoffice.gsi.gov.uk or calling 03001234193) to inform them that the child wishes to make a claim for asylum. The social worker will then need to support the child to access specialist immigration legal advice as a matter of urgency. For further information on this see section on Supporting young people through the asylum process. However, accommodating the child or meeting their initial needs should not be delayed because they have not yet claimed asylum. 

Once a single assessment has been completed, the child will be transferred to the relevant service within the local authority for looked after children. If at this stage the local authority has reached its quota of unaccompanied asylum seeking young children (as specified by the National Transfer Scheme), they may consider referring them to the National Transfer Scheme.

[Last updated April 2026] 

The National Transfer Scheme (NTS) protocol for unaccompanied asylum-seeking children has been created to enable the safe transfer of unaccompanied children in the UK from one local authority to another local authority.  

As of February 2022 the NTS became mandatory for all UK local authorities with children’s services, meaning that they are required to accept transfers of unaccompanied asylum-seeking children into their care. Only local authorities whose population of unaccompanied is above 0.1% of their general child population can refer into the scheme and do not have to accept transfers. For full details and guidance see: National transfer scheme protocol for unaccompanied asylum seeking children (accessible) – GOV.UK. 

The guidance makes clear that the welfare and best interests of children being considered for transfer must always be a primary consideration throughout the transfer process. Therefore, the child’s voice must be at the centre of any decision to transfer a child via the NTS, and the Local Authority must consider a range of factors such as access to medical treatment, family ties, legal representation and advocacy, education, ethnic group, religion and continuity of care. The decision to refer should also be regularly reviewed. 

Factors indicating it may be appropriate to withdraw the referral include: 

• The child subsequently disclosing that they have relatives in the area. 

• The child developing connections with the local community or local services or treatment which it would be detrimental to leave, which could. include attendance at places of worship and specialist youth groups. 

• The child expressing a strong wish to stay despite being adequately prepared for transfer. 

• Recommendations from other professionals that the child should not now be transferred. 

• Further vulnerabilities have become apparent since the referral was made. 

It is also important to note that it is the transfer of responsibility that is required not necessarily the physical transfer of the child. In some cases, children who are transferred may not need to move from their placement, if it is in their best interests to remain where they are. This may be particularly important if they have built relationships in their existing area, are in education and if it will not be possible to meet their individual religious and cultural needs in the new area. If a child is to remain in their existing placement, this will need to be agreed in accordance with procedures for out of borough placements. Long term plans will also need to be taken into account, including how they can be supported to remain in the area of their choice when they turn 18 as set out in Joint housing protocols for care leavers: good practice advice.

[Last updated April 2026] 

Many unaccompanied and trafficked children arrive in the UK without documentation to prove their age. For many there will be no reason to doubt their age, and they will be treated as children by Local Authorities and the Home Office. 

Most unaccompanied children and young people will come into contact with the Home Office before they come into contact with a Local Authority, usually at the border. At this stage the Home Office will make an initial decision on age. When the Home Office disputes a child’s claimed age, they may: 

1) Provisionally treat them as a child, refer to children’s services and request that the Local Authority complete an ‘age assessment’.  

2) If immigration officers decide that their physical appearance and demeanour “very strongly suggests” that they are “significantly” over 18 years old they will be treated as an adult and routed to adult accommodation. These young people are entitled to ask the Local Authority to make their own decision about age when they have been routed as an adult. They can present directly to the Local Authority where they are living or be referred to the local authority by another agency, especially from organisations working in adult asylum accommodation. The decisions made at the border are not age assessments and are highly unreliable with significant numbers later being accepted as children so these referrals should always be treated in the same manner as any other referral.  

Referrals or presentation of young people who have been age disputed should be treated as safeguarding referrals, as: a) the person may be a child b) they have had no proper assessment of their age, and c) there are significant safeguarding risks to the safety and development of unaccompanied children being wrongly treated as an adult. The local authority should respond swiftly to these referrals in accordance with safeguarding procedures. 

An initial assessment needs to be conducted within a very short time frame. The potential child should be taken into care in all cases other than where there is no doubt / very strong evidence that they are an adult. Even when only brief enquiries are necessary to make a decision, a practitioner should still utilize all information available, record the rationale, and give the decision in writing to the young person. 

In some cases the Local Authority may decide there is no reason to doubt a child’s age and can communicate this decision and reasons to the Home Office. In other cases where there is still sufficient reason to doubt their age, an age assessment should be conducted in line with the guidance below. 

This flowchart guide below gives further information about processing referrals of age disputed young people at the front door. 

For further guidance on conducting initial assessments / brief enquiries please see this resource from the British Red Cross and Just Rights Scotland. 

[Last updated April 2026]

The starting point for age assessments is the ‘Care of unaccompanied migrant children and child victims of modern slavery – statutory guidance for local authorities’ (2017) which provides: 

“Where the age of a person is uncertain and there are reasons to believe they are a child, that person is presumed to be a child in order to receive immediate access to assistance, support and protection in accordance with section 51 of the Modern Slavery Act 2015. Where an age assessment is required, local authorities must adhere to standards established within case law. Age assessments should only be carried out where there is reason to doubt that the individual is the age they claim. Age assessments should not be a routine part of a local authority’s assessment.” 

Age assessments are a complex task that cannot establish the actual age of a young person. They are approximate and based on the Social Worker’s assessment and professional judgement of the young person’s likely age. Such assessments may be compounded by issues of disability, mental health, cultural background, life experiences, impact of trauma, and language. 

These can impact on how a young person presents in terms of memory, demeanour, and emotional state. Some young people may genuinely not know their age and this can be misread as lack of cooperation. Levels of competence and understanding in some areas or tasks may exceed or fall short of our expectations of a child of the same age in this country. Because of the difficulties or being certain, and the consequences of getting it wrong, benefit of the doubt should be applied in borderline cases. 

All age assessments must be ‘Merton compliant’ (which means having all of the safeguards established in the Merton judgement, such as the presence of an appropriate adult and the opportunity to respond to any negative inferences) and completed in line with the Association of Directors of Children’s Services Guidance that is written to assist social workers and their managers in undertaking age assessments in England. 

This guidance mirrors statutory guidance in stating that age assessments should only be carried out if absolutely necessary, due to the distress they can cause to children. Because of this the guidance states that local authorities may decline to age assess a young person where they do not feel one is necessary, and ask the Home Office to accept the young person as a child without further assessment. To avoid delays in the young person’s asylum claim, it is crucial that this request is made at the earliest opportunity in writing and followed up on if the Home Office does not respond. If the Home Office continues to dispute the young person’s age the resolution process is set out in the joint working guidance. 

Where an assessment has been deemed necessary it should be carried out over a period of time with the involvement of two assessing social workers who have been trained to undertake age assessments, with a specialist appropriate adult in attendance and input from other professionals working with the young person such as social workers, foster carers, teachers and support workers. It is essential that Social Workers are aware of the significant impact the age dispute process has on young people and work in a child-centred, trauma-informed way. Once an age assessment is completed, the relevant proforma confirming the assessed date of birth should be sent to the Home Office. The full assessment should never be provided to the Home Office. 

Given the serious consequences of the decision, young people should always be given the right to have it independently reviewed. If the local authority concludes from the age assessment that the young person is an adult, they should refer them to local specialist casework services for help to access urgent legal advice (see MiCLU’s service map) – it is likely to be insufficient to simply write in a cover letter that a young person is entitled to advice if they do not know how to access it. There are potentially far more serious safeguarding consequences for assessing a child to be an adult (e.g. a child being accommodated with adults and / or detained), than for assessing an adult to be a child. Enabling the young person to get advice and to have the decision reviewed before taking steps to move them onto adult accommodation provided by the Home Office will go some way to mitigating potential risks. 

It should be noted that following the Nationality and Borders Act 2022, the Home Office may now also conduct age assessments through their National Age Assessment Board (NAAB) and some Local Authorities can refer to the NAAB to complete assessments on their behalf.  A number of concerns have been raised about the independence, ethics and quality of NAAB age assessments, including by the British Association of Social Workers and Refugee and Migrant Children’s Consortium. Local Authorities should carefully consider whether to refer to the NAAB in light of these concerns. 

The Nationality and Borders Act also introduced the use of ‘scientific methods’ to assess age (although this provision is yet to be implemented). The use of ‘scientific methods’ are still widely opposed by the leading medical bodies due to their inaccuracy and potential for harm to children. 

The Home Office is currently also planning trials of facial age estimation technology to assess age, but as yet there is not much information about how this will work in practice. 

[Last updated April 2026]

Unaccompanied and separated children are particularly vulnerable to trafficking, exploitation and modern slavery. Concerns may be identified after they have been taken into the care of the local authority or may be the reason they were taken into care following a safeguarding referral. A child could have current, recent or historic experiences of exploitation or modern slavery, and such abuses may have happened in their country or at any time on their journey.  

Professionals working with children and young people should be aware that due to the methods of control used by traffickers, and the effect of trauma, there are complex reasons why victims may be reluctant or unable to disclose that they have been trafficked. Many victims will not be aware they have been trafficked, or will try to minimise the abuse they have suffered. Therefore, it is essential that social workers, personal advisers, and foster carers have a comprehensive understanding of the issues surrounding trafficking and modern slavery, so that they are sufficiently equipped to identify anyone who may have been trafficked, and / or is being exploited, and to take the necessary safeguarding action to protect them. 

[Last updated April 2026]

If a child is identified as a potential victim of trafficking the following actions will need to be taken: 

• Initiation of any appropriate safeguarding procedures (such as a Section 47 enquiry) 

• A referral into the ICTG (Independent Child Trafficking Guardian) Service (where this is available) 

• A NRM referral 

• Support for the child or young person to obtain legal advice from their immigration advisor if they have one. If they have not already made an application to stay in the UK they will need advice on making an application on the basis of being trafficked. 

[Last updated April 2026]

To ensure that social workers have the necessary knowledge for this, they will need to familiarise themselves with the following; 

• ‘Modern Slavery: Statutory Guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and Non-Statutory Guidance for Scotland and Northern Ireland’ for further information on identifying and protecting victims of trafficking more generally, including the role of the local authority as a first responder and making NRM referrals. 

• ‘Interim Guidance for Independent Child Trafficking Guardians’ which includes an up-to-date list of where this support is available in the introduction, and information on how to refer. 

• Resources from the Home Office on ‘Criminal Exploitation of children and vulnerable adults: County Lines guidance’ and the Department for Education on ‘Child sexual exploitation’. 

• ‘Care of unaccompanied migrant children and child victims of modern slavery: Statutory guidance for local authorities’ for more general information on supporting unaccompanied asylum seeking children who may be victims of trafficking. 

• The ‘Safeguarding Trafficked and Exploited Children’ procedure from the London Safeguarding Children Partnership, for detailed guidance on identifying and protecting migrant child victims of trafficking, including making NRM referrals and carrying out section 47 enquiries. 

[Last updated April 2026]

NRM decisions can be important for children in care and care leavers. They can be the basis for an application to stay in the UK, or may be part of an application on other grounds. 

It is vital that social care teams and practitioners ensure they have received recent child trafficking training so that they can make effective NRM referrals and support children and young people through this process 

Following a referral to the NRM the Single Competent Authority will make an initial decisions about whether there are reasonable grounds to believe that a person is a victim of Modern Slavery. They will then make a further decision about whether there are conclusive grounds. The guidance states that supporting evidence such as medical evidence and the views of trusted third parties such as social services and Independent Child Trafficking Guardians can act as helpful evidence to corroborate a victims account. Practitioners should contribute to this process in the best interests of the child. 

If a child receives a negative Reasonable Grouds or Conclusive Grounds decision the practitioner should help the child to seek advice on the outcome and whether it is possible to challenge the decision. 

Because of the complexity of the issues it is always important to seek specialist advice when you are working with a potential victim of trafficking. The youngperson’s immigration representative should be able to provide some advice, but other organisations such as ATLEU or ECPAT UK may be contacted for further support. 

[Last updated April 2026]

In addition to the sometimes very complex needs of the child, in the first few weeks they 

may be experiencing fatigue, malnourishment, trauma and other health issues from their journeys to the UK. Therefore, it is important to remember that they may be feeling disoriented and confused, and so sufficient time should always be taken to explain (and re-explain if needed) the different roles of those who will be supporting them and what to expect in the first few weeks. MiCLU’s ‘Who is Who’ videos are a useful resource. They provide an introduction to the different professionals that unaccompanied children will come into contact with, in several languages. 

At the earliest opportunity the allocated social worker will contact the Home Office to inform them that the child wishes to make an asylum claim. Please see the section on Supporting young people through the asylum process for detailed guidance on these steps. The meeting of other needs should not be put on hold while waiting for a child to be able to submit their asylum claim. 

[Last updated April 2026]

Placement options for unaccompanied asylum seeking children should be the same as for other looked after children and follow statutory guidance on placement decisions. 

It is strongly advised that any newly arrived child be placed in a foster care placement. Any exception to this must be clearly recorded and approved by a service manager. In the exceptional event that the social worker assesses that it is in a 17-year old’s best interest to live in supported accommodation (and the service manager agrees), it is advised that any provision should offer 24-hour support (such as supported lodgings or 24 hour semi-independent accommodation) for at least the initial 3-months. This level of support is necessary in order to fully assess the child’s needs, to ensure any immediate needs are met, their views are taken into account, and that young people are safeguarded against any potential trafficking risks. 

Due to heightened risks that they may go missing in the initial weeks and months, all foster carers and residential staff caring for unaccompanied asylum seeking children should be aware of this risk and understand what practical steps they should take in the event that the child does go missing. They should also be provided with resources from, and details of, pecialist organisations such as ECPAT who may be able to offer guidance and support where there are concerns that a child may have been (and/or is at risk of being trafficked and / or exploited. 

A child may have relatives in the UK, and it may or may not be in their interests to live near their family. Some children will have siblings who arrived in the UK at separate times. Consideration should always be given as to whether it is in their interests to live together or near each other. 

Children referred through the National Transfer Scheme may have already started school or made links in another area. It should be considered whether it is in their best interests to remain in that area. Disruptions to a child’s network can be extremely harmful to their development, identity and sense of belonging, especially as unaccompanied asylum seeking children will already have experienced serious, often multiple, ruptures to their familial, peer and community relationships. 

In the first few weeks of any placement, carers and professionals should seek to develop an awareness of the child’s past experiences and any psychological issues they face, which may not be immediately apparent, so that they can work together to develop a holistic assessment of the child as well as provide support, reassurance and effective safeguarding to them. It is often a misconception that children who arrive in the UK unaccompanied have independent living skills due to the fact they have travelled to the UK without their families. This often isn’t the case and should never be assumed. 

Whilst it is hoped that the initial placement may be suitable on a permanent basis, this should be reviewed after a few months (or sooner if necessary) once the young person’s needs have been fully assessed. During this time foster carers and key workers should have supported the child with all of their initial needs and built up a picture of the support they require. If the initial placement has not been a good match, then change of placement should be treated as a planned move and not a placement breakdown. As with all planned moves, choice, participation and visits to meet potential carers are an important part of the process. This should help avoid further unnecessary moves. 

[Last updated April 2026]

Children should be helped to access relevant primary health care services (GP, dentist, optician) as soon as possible after their arrival. This task is usually undertaken by foster carers or supported housing key workers, and needs to be addressed in Care Plans/Pathway Plans. 

For children supported under Section 20, a referral for the statutory LAC (looked after child) medical should be made within 5 working days of the young person becoming looked after, so that the medical can be completed within 20 working days. Due to the fact they will often have no access to previous health records, it is important that their health is assessed and their needs recognised at an early stage. The LAC Health Team will be notified by the Social Worker and will arrange for the initial Health Assessment to be completed with assistance of an interpreter. The Health Assessment will establish if the child has suffered from any medical conditions or is likely to have been exposed to certain diseases, which may be more common in their countries of origin or transit. The immunisation programme will be initiated once consent has been received from the child. Children may also be referred to the TB clinic following their initial LAC health assessment. For female young people, it is also important to establish if they have been the victim of Female Genital Mutilation (FGM) if that is the practice in their country of origin or there are other circumstances indicating this may be a risk. 

It will be important to take time to discuss consent with a child or young person, using an interpreter. Some unaccompanied children think they are obliged to undergo medical assessments and procedures even if they are not ready or do not understand what is going on. This can be very traumatic. Plenty of time should be made to explain all medical interventions. While children should be encouraged to have their health needs met, some children may need more time or specialist support to access treatments, and they will need to feel that they have control over what happens to them. 

Experiences in their countries of origin or during transit to the UK may cause children to suffer emotional trauma and distress, and so it is important this is explored by the Paediatrician during the LAC medical and any recommendations included in the health plan. If a need for support is identified, Children and young people’s mental health services should be contacted as soon as possible, as the child may be approaching 18 and there may be a waiting list for support. 

Whilst some young people’s mental health needs might be immediately obvious, for many young people it may be difficult to identify. Therefore it is important that professionals are aware of what issues might be affecting a young person’s mental health, as well as how these issues might present. Relevant training should be accessed alongside resources such as The Children’s Society’s report ‘Distress Signals’. In doing so, professionals can ensure that young people are connected with support that is adapted to their needs. 

It is important to recognise that young people may be unlikely to disclose any emotional difficulties in the initial period after their arrival, due to reasons such as stigma or a lack of trust. Feeling welcome and safe in their placement, and supported by their carers and social worker, will be a crucial part of alleviating some of these difficulties in the initial months. 

If the young person does disclose having suffered something traumatic and is experiencing symptoms such as nightmares, flashbacks, and anxiety, referrals to specialist mental health services should be considered and actioned if appropriate. 

However, counselling may not be appropriate, or even safe, for every young person at all times. Therefore, any discussions around this should be handled sensitively, with care taken to speak about these issues in a way the young person can understand and relate to. Other forms of support (such as access to a gym, community support and other positive activities) should always be considered alongside, and sometimes instead of, other therapeutic interventions. For a list of services please see MiCLU’s service map. 

It will also be crucial to ensure that young people are able to access advice and information on issues such as sexuality, gender expression, sexual health, and health relationships, in a language they understand, as it is possible they have missed sex and relationship education classes offered in school. Referrals can be made to specialist services, but social workers should continue to proactively explore these issues with the young person over time. As part of this, young people should be supported to access appropriate resources and information through use of interpreters and translations if necessary. 

[Last updated April 2026]

Good quality education is a priority for all looked after children and care leavers including unaccompanied asylum-seeking children. Going to school or college is vital for providing routine, a sense of normality, making friends and feeling invested in the future. 

When a young person comes into care the Virtual School headteacher will allocate an advisory teacher in accordance with the age of the young person. The advisory teacher will set up a meeting with the allocated social worker to find out more information about the young person. Thereafter, the Virtual School system will set up of an Initial Personal Education Plan (PEP). 

The educational progress of all unaccompanied young people should be closely monitored by the Virtual School through contact between the network and advisory teachers. Interpreters should attend PEP Meetings. If social workers or personal advisors are concerned about the educational progress of a young person, they should communicate with the advisory teacher. The Virtual School can trigger additional meetings as required. The Virtual School can also support by: 

• Seeking teacher feedback 

• Considering what additional opportunities there are for learning outside formal lessons, for example, social activities, extra ESOL through local charities and tuition arranged by the Virtual School 

• Requesting support from college SEN department 

• The Virtual School can commission an educational psychologist to carry out an assessment if this is unavailable elsewhere. 

If any additional learning needs are identified, consideration should be given to application for Education Health Care Plan (EHCP). Social workers will need to liaise between the Special Education Needs Team, the Virtual School, and the school / college, to ensure that additional support is put in place. The ‘Special educational needs and disability code of practice: 0 to 25 years’ may be consulted for further guidance.

Social workers should be alert to any special educational needs that young people have, and that such needs may be more difficult to identify due to language differences, lack of formal education and / or history. Experiencing trauma and periods of chronic stress are also known to have long term impacts on cognitive ability, and so it’s also possible that needs will develop over time. Early identification is crucial but at whatever stage / age a young person’s learning needs become apparent, they will need to be formally assessed. 

For children who arrive in the UK halfway through the academic year, there may be difficulties finding them a course place. The Virtual School should be automatically notified of any new arrivals, but they can also be contacted to advise on schools and colleges who will accept midyear applications, and any alternative provision that may be available in the interim. If there are any concerns about the young person’s educational progress (for any reason) the Virtual School may consider putting in place additional support, including paying for 1-1 tuition. 

Children who are in care while being age assessed should be registered in education with their claimed age. If they are found to be children this means they will have continuity in their education an appropriate year group. Social Workers may need to liaise with schools and colleges to clarify the different dates of birth on documents and provide explanatory letters.  

Young people will need ongoing support in accessing appropriate education, which could include a local primary or secondary school (for those of a statutory school age), English for Speakers of Other Languages (ESOL) classes at a local college or community learning centre, further education courses, or university. More formal education routes may not be appropriate for all young people over statutory school age, and so alternative options may be considered. Some young people may find it useful to volunteer in order to practice English and prepare for work. Before supporting a young person without status to volunteer, it is important to check what is allowed by the Home Office. In any case, social workers will need to ensure that appropriate applications have been made, and that the young person is supported to enrol. 

It is crucial that the young person’s education is set out in the personal education plan (PEP), care plan or pathway plan, including further and higher education. The young person’s immigration status, and potential outcomes, should also be taken into account when planning for various education routes. Young people’s education should never be put ‘on hold’ pending an immigration outcome. Children and young people need education and skills no matter where their future lies. Young people may also be referred to specialist organisations for additional educational mentoring, support and advice. Please see MiCLU’s service map for a full list of services.  

Most ESOL and further education courses will usually be funded by central government, provided the young people are able to present Home Office documentation and proof of their status as a Child in Care or Care Leaver. However, social workers can make a request to the Virtual School to cover course fees where alternative funding is unavailable (because of a young person’s immigration status for example). Asylum seeking young people who want to attend University may also be supported to apply for the Sanctuary Scholarship and / or other scholarships. Refugee Education UK and Student Action for Refugees (STAR) provide information on scholarships and grants available. 

Young people will also need support identifying and applying for any bursaries that are available, e.g. the 16-19 bursary fund. For young people that are unable to access the bursary due to their immigration status (or attendance due to appointments related to the immigration process), the local authority should fund the equivalent of the bursary if they access education. Social workers may also need to advocate with the college if a young person is denied the bursary based on attendance, and missed school was unavoidable because of appointments relating to their asylum claim or poor health. 

All young people in education should be provided with a laptop. 

Good Practice also entails encouraging young people to maintain their first language. Libraries should have books in some more common languages, and young people should be supported to access online resources. Refugee community groups may be able to offer further advice on language groups. 

It is important to recognise the impact immigration issues can have on a young person’s education and so social workers may need to go to extra lengths to put additional support in place to address these barriers, and / or advocate on a young person’s behalf to ensure that they are able to access and engage with any educational and training pathways that have been identified. This support should be included and monitored in care and pathway plans.

[Last updated April 2026]

Young people should be supported to establish community links and make friends, through access to local religious facilities, youth groups, sports clubs or leisure centres, leaving care groups and community groups. They should be offered independent visitors if they are in care. There are also a number of organizations who are able to match young people with befrienders in their local area. Strong networks which incorporate a range of peers and adults are likely to significantly improve safety and wellbeing. 

Local specialist services can provide advice and support for asylum seeking children and young people, particularly in the following areas: accessing appropriate and competent legal immigration advice, contacts with refugee community organisations, advocacy or contacting family tracing services. 

Newly arrived young people will need extra support in the first few months to access groups, including being accompanied in person. 

For a full list of services please consult the MiCLU service map.

[Last updated April 2026]

Family contact should be given the same priority for asylum seeking children as it is for any other child in care. However there can be unique practical barriers and safety considerations which must be taken into account. 

If a child is in touch with any family members, either in the UK or abroad, support should be provided to maintain contact once sensible checks have been made (e.g. identity checks and contact made by the social worker). This support may include, providing international phone cards, facilitating visits, and identifying placements near to, or shared with, family members. 

Where appropriate the local authority may support family members to obtain an order that would allow them to exercise parental responsibility for the child/children, e.g. Special Guardianship Order or Child Arrangements Order. 

When family whereabouts are uncertain, a young person should be helped to contact the British Red Cross for international family tracing. It is important to bear in mind that this process might take a long time, be unsuccessful or even bring the young person bad news about their family. There are also risks of jeopardising the welfare of family members in the country of origin.  Young people should also be prepared for the fact that they will only be able to trace family members if they can provide enough details about last addresses etc. As part of the process, the Red Cross will advise the child about any risks, timescales and potential outcomes. It should always be the decision of the young person to undertake family tracing. A young person may not want to trace their family or meet with the British Red Cross. These are difficult and complex decisions, and no negative inference should be made if a child does not wish to access the service. 

A young person may also attempt to trace family members through other informal channels (e.g. local mosques, diaspora communities, social media etc), and should be supported to do this safely. 

In some cases, communicating with family members can pose serious risks to young people, in particular where family members were involved in trafficking, persecuting or abusing the young person. This needs to be carefully assessed prior to contact in circumstances where there is cause for concern. If required contact can be made with Children and Families Across Borders who may be able assist with assessments and checks in the country where the family reside. 

[Last updated April 2026]

Children and young people with insecure immigration status find themselves particularly at risk of being exploited and/or criminalised. This does not mean they are more likely to commit crime, but that circumstances over which they have little control are made into criminal offences. 

• With few safe routes to enter the UK, young people seeking asylum (especially those whose age is disputed and who find themselves wrongly treated as adults) can be at risk of arrest if they enter the UK by irregular means. 

• Children and young people can be vulnerable to criminal exploitation by people traffickers. Law enforcement do not always distinguish between those co-ordinating illegal activity and those coerced into it. 

• Separated children can be at heightened risk of recruitment into County Lines and gangs especially if they have minimal support networks, insecure accommodation and uncertain immigration status. 

• Young people with limited resources may feel they have to work illegally, or may use public transport without a ticket, leaving them at risk of fines and prosecution (more likely for children and young people not in care who rely on minimal Home Office support). 

• Like other children in care, police can sometimes be called in to deal with behaviour that is not often criminalised in a family environment, such as damaging household property or getting into arguments with carers. 

• There is evidence of institutional racism in the criminal justice system, so racialised young people often do not face equal treatment when they do come into contact with the law. 

When a non-British young person encounters the criminal justice system, the interaction between criminal and immigration law complicates their situation. Criminal proceedings can have very serious implications for their immigration status. They can be effectively punished twice, first by the criminal justice system and then by the impact on their immigration claim. Their asylum, immigration, or citizenship application may be refused, they may be eligible for a less secure status, or their status may be revoked. If they are designated as a foreign national offender, they could be deported from the UK at 18. They may be denied access to more secure forms of status, for example being barred from citizenship or settlement on ‘good character’ grounds, or have a much longer route to settlement. 

Some children may not even know that their immigration status is insecure (for example if they have come into care and no-one has enquired into their nationality or immigration status). If they are convicted of a serious offence, they may face deportation to a country they do not know when they become adults. 

Social Workers and Personal Advisors should take steps to help children and young people when there is contact with the criminal justice system: 

• Be alert to signs of trafficking and take necessary actions to make sure the child is safe, refer them to the NRM, and keep their criminal solicitor and the police informed of your actions and concerns.  

• Be aware that a criminal solicitor will not advise on immigration needs and will not always be aware that there are any. They may also not be aware that pleading guilty to even a minor offense could have serious adverse consequences for a young person’s immigration status. Conversely, an immigration solicitor will not automatically know about any offences committed. It is vitally important that Social Workers ensure there are solicitors acting on both criminal and immigration matters. They must make sure that each solicitor is aware of the progress of the other matter so that young people are accurately advised about the potential impact of criminal proceedings on their immigration status and vice versa. Social Workers may need to co-ordinate the sharing of information or  solicitors may be willing to have regular network meetings to plan and make sure information is being shared as needed.  

• Advocate for children and young people. For example where travel offences have been committed, communicating with the travel company may divert action. Explaining vulnerabilities and the circumstances (for example if they tried to get a ticket and were not able to) may lead to reduced fines or prevent prosecution.  

Social Workers should also take preventative action: 

• Make sure young people are fully informed about the law and what they can and can’t do. Some children and young people may have missed out on information sessions at school, and if they grew up outside the UK the laws may have been very different. It will be helpful to have conversations with them about work, travel and road rules, and possession of weapons and/or controlled substances. As with all young people, conversations about drugs, alcohol, relationships and consent will help them make healthy choices. 

• Building up young people’s networks so they have a range of trusted adults in their lives, healthy activities and good friendships may help reduce the risk of grooming and exploitation.  

• Placement choices can have a very significant impact on the networks made by newly arrived young people, and it is recommended that foster care is always considered as the first option. 

[Last updated April 2026]

Immigration law, policy and procedures change regularly and so whilst this section is intended as a guide, up to date advice should always be sought. 

This section should be read in conjunction with ‘Immigration Support for Children in Care and Care Leavers – Policy Resource for Local Authorities’ which can be found on our Taking Care page on our website. 

Statutory guidance states that; 

“In order to support unaccompanied children, social workers’ knowledge of the asylum process should include an understanding of the Welfare Interview, Statement of Evidence Form, the purpose of the asylum case review, the importance of the substantive asylum interview, the different possible outcomes of a child’s asylum claim and how that impacts on pathway planning. Social workers should also have a broad understanding of the immigration system – for example, the immigration application process, different types of leave, making further leave to remain applications and the appeals process. Social workers must also have an understanding of the trafficking referral process.” 

Social workers and personal advisers don’t need to be legal experts, but having a general understanding of the asylum process can empower them to support young people to understand and participate in the process themselves, whilst advocating for them if anything goes wrong. Organisations like Coram Children’s Legal Centre offer group work to young people on these issues, and other resources exist for social workers to use with young people, such as MiCLU’s resource page and Right to Remain’s online tool. 

[Last updated April 2026]

In all cases involving separated children and young people, a responsible adult should be appointed to safeguard the best interests of the child and provide a supportive role and link between all those who may provide services to the child. Based on their duties to safeguard the welfare of separated children, this responsibility will lie with the local authority =. This means that the social worker will usually have to take on this role, ensuring the best interest of a child or young person is fully taken into account. For further details on the role of the responsible adult please see the section on this in our ‘Immigration Support for Children in Care and Care Leavers – Policy Resource for Local Authorities’. 

[Last updated April 2026]

Young people should always have a legal advisor to assist them throughout the asylum process and it is the practitioner’s role to help them access this support. Quality of advice, timeliness and collaborative working should be guiding principles in seeking and working with legal advisors. 

Quality of advice 

To ensure that every young person has the best possible chance of securing status on their initial claim, it is crucial that they are referred to high quality immigration advisers with specialist experience in dealing with children’s asylum claims. Representatives should take time with the child to understand what has happened to them and should be able to explain things in a way that the child or young person understands. 

Immigration legal advice and representation must be provided by a registered immigration adviser, who is either a regulated solicitor, employed in an organisation registered with the Solicitors Regulation Authority (SRA), or is registered with the Immigration Advice Authority (IAA). Immigration advisers working on children’s legal aid cases must also be appropriately qualified under the Law Society’s Immigration and Asylum Accreditation Scheme. 

There may not be appropriate advisers in the area, meaning the young person may have to travel out of the area to get the best representation. Capacity is also a serious issue in the legal sector, and it may be difficult to find an immigration adviser. It is the social worker’s responsibility to lead on this, but they should seek recommendations and support with referrals from local refugee charities. 

Social Workers should know what good practice looks like, and when to intervene. SLRA’s Traffic Light Chart is a useful tool to help identify good and bad practice. 

Our policy document ‘Immigration Support for Children in Care and Care Leavers – Policy Resource for Local Authorities’ below provides further guidance on what to do when a solicitor is failing to meet expected standards. 

Timeliness 

Early advice is critical to ensure children are supported to present their cases fully, accurately and to prevent unnecessary delay. Efforts should be made to ensure that a young person has an immigration adviser as early as possible in the process. Ideally this would be prior to their welfare interview, but if it has not been possible to secure good quality representatives beforehand then an advisor should be secured as soon as possible afterwards. 

Working together 

Social Workers and solicitors should work closely together to support the child or young person, as a parent would do. As well as supporting young people to attend appointments, understand advice and communicate with their solicitors, Social Workers should also be proactive in keeping solicitors informed about the child’s circumstances, including things like changes of address/contact details. 

Funding  

Legal aid is available for asylum claims, including for children’s asylum claims. Legal aid is also available for children in care in relation to ‘immigration matters’ – this can include human rights arguments along with the asylum claim, immigration applications, and nationality applications. To demonstrate eligibility for legal aid the local authority will need to provide a letter confirming that the child is in their care and detail any financial support provided. 

[Last updated April 2026]

This resource is intended as a guide to support good practice by children’s social care 

teams and practitioners. It was originally published by SLRA in June 2023. We have endeavoured to update the guidance in line with any changes but all users of this resource should ensure that they are using the most recent version and that they have sought advice on any further changes to legislation or policy.   

Children subject to immigration control (meaning anyone who is not a British or Irish citizen) can come into contact with children’s social care services in a variety of ways. Sometimes their immigration status makes them more for vulnerable – for example asylum-seeking children who are separated from their families, or children of undocumented families who have no recourse to public funds. However, some children will come into contact with Social Care for other reasons and it may not be immediately obvious that they have immigration needs. In all circumstances, it is essential that Social Workers know how to navigate these situations and confidently support children through the immigration process. 

This policy focuses on the duties a local authority has towards children who are looked after and care leavers who are subject to immigration control. It relates to children who are (or care leavers who were) looked after under Section 20, Section 31 (full care order) and Section 38 (interim care order) of the Children Act 1989 and equivalent provisions in the Children (Scotland) Act 1995 and The Children (Northern Ireland) Order 1995. 

The term Social Worker is used throughout the document, but the guidance is not restricted to use by Social Workers and in some cases will be carried out by a Personal Adviser. Throughout this document we sometimes refer to ‘immigration issues’ when we mean both immigration and nationality issues; however, it is important to be aware that immigration status and nationality are different, and many children of migrant backgrounds are British citizens or are entitled to be registered as British. 

[Last updated May 2026] 

In England, Section 22 of the Children Act 1989 sets out the general duty of the local authority looking after a child to safeguard and promote the welfare of that child. This duty underpins and should inform all subsequent activity by the local authority in relation to the child. Where a local authority has a duty to look after a child , it must also act in line with corporate parenting principles. In particular, this means acting in the child’s best interests and securing best outcomes for them. The local authority will need to create a long term ‘permanence plan’ for the child’s upbringing, with the aim of giving them a sense of security, continuity, identity and belonging. Equivalent legislation and duties exist in Northern Ireland, Scotland and Wales. 

For a local authority to meet all of these duties towards a child, it is essential that they support them to acquire secure and permanent immigration status or British Citizenship. 

Early resolution of these issues saves prolonging a sense of uncertainty or fear for the child or young person, and prevents them from facing unnecessary complications as they get older and want to apply for jobs, attend university and obtain scholarships, grants, or loans, obtain a driving licence, rent accommodation, or undertake many other activities that are an important part of normal life. Having insecure immigration status leaves children vulnerable to a number of risks that can  adversely affect their safety, wellbeing and life opportunities. 

Therefore, in order to safeguard and promote the welfare of all their children in care, local authorities will need to; 

• Identify all looked-after children and care leavers with immigration and nationality issues; 
• Connect looked-after children and care leavers with good quality legal support as soon as possible; 
• Take a proactive and informed role in supporting looked after children and care leavers through any immigration applications and appeals; 
• Enable those who are eligible to apply for permanent status and British Citizenship, where this is in their best interests. 

Where local authorities have failed to resolve a looked-after child’s immigration or nationality issues and the child or young person has brought a complaint to the Local Government Ombudsman (who provides independent oversight of local authorities), these have been upheld and the Ombudsman has confirmed that the local authority failed in its duties. 

This policy details the internal policies, procedures and practical guidance that will enable local authorities to meet these duties within the social care framework.  

[Last updated May 2026] 

Social workers and personal advisers don’t need to be legal experts, but having a general understanding of the immigration system empowers them to provide proactive support to young people as they go through any applications, help young people to understand and participate in these processes themselves, and advocate for them if anything goes wrong. They must be able to identify when specialist immigration advice is needed and know how to get it. Social workers should be aware that there can be very harsh negative consequences if the wrong application is made, or if an application is made without providing sufficient evidence, so if a child does not have British citizenship, it is always in the child’s best interests to seek specialist legal advice. Social Workers should not give legal advice. If Social Workers are taking steps in relation to an immigration application that they are allowed to in capacity as the child’s ‘parent’ it is still strongly advised to do so with oversight from an accredited solicitor to avoid errors and negative consequences. 

To ensure that social workers, personal advisers, and foster carers have the necessary knowledge, local authorities should schedule regular and mandatory immigration and nationality training sessions. These sessions should be delivered by specialist organisations who are accredited to give legal advice, and should provide attendees with; 

• an understanding of their role in supporting looked after children and care leavers with their immigration and nationality needs 
• the background knowledge to enable them to identify potential immigration and nationality issues for those they are supporting; 
• an understanding of the regulatory framework for immigration advisers; 
• the ability to identify when someone needs to seek immigration advice; 
• an understanding of what to expect from an immigration adviser and how to work with them to support the child or young person. 

For further information and advice on accessing training, or support implementing this policy template, please contact the South London Refugee Association. 

[Last updated May 2026]

The nationality and immigration status of looked after children should be established as early as possible, ideally when the referral is made to the local authority. 

It may be obvious that an unaccompanied asylum-seeking child will need support with their immigration status, but it may not be so easy to identify children with other immigration issues. Therefore, it becomes vital that those working in children’s social care have an adequate understanding of the issues to ensure that all children with an immigration or nationality need are identified and supported to access legal advice in a timely manner.  

[Last updated May 2026] 

Exploring immigration needs should form part of the child’s assessment at the earliest possible stage, as part of the single assessment or child and family assessment. 

For a step-by-step practitioner tool to use at this stage, see the ‘steps for social workers – immigration questions’ guide on our website. 

Step 1 – Practitioners should start with the question “Does the child have a British passport?”. Ideally this question would be included as a prompt in their Assessment template. If the child has a valid British passport, this should be recorded and no further action is needed in relation to their immigration status. 

Step 2 – If the child does not have a British passport, then enquiries will need to continue. It is critical for Social Workers to be aware that having a British birth certificate is not proof of British citizenship. 

Practitioners will need to gather documents (birth certificates, passports of other nationalities, BRPs, Home Office grant letters, for the child and the parents) to determine if it is likely that the child is British (see section below on how to gather and record this information) 

Step 3 – Once information has been gathered, if it is believed the child is British – for example because they were born in the UK to a parent who was British or settled at the time of their birth – an application for a British passport should be made directly to HM Passport Office. This should be done for all children coming into care who are believed to be British and do not already have a passport. If a passport application is refused then the child or young person should be supported to obtain legal advice. For more information about applying for a passport, including parental consent, see section on applying for identity documents later in this guidance. 

Step 4 – If it is clear from the information gathered that the child is not British or if there is any uncertainty about their nationality, the information gathered should be used to make a referral to a solicitor for legal advice and help to apply for leave to remain in the UK. 

How to gather information 

Social Workers should gather and copy documents from the family if possible. This should include birth certificates, passports of other nationalities, BRPs and Home Office grant letters. 

If the child / parents are unable to provide the above information (or the parents are not engaged), the following steps may be taken; 

• Ask another family member 

• Ask the child’s / family’s immigration adviser or former immigration adviser (if there is one) 

• Apply for a birth certificate if the child was born in the UK  

• Discuss contacting the Home Office with the child and/or family to obtain further information (for example by making a Subject Access Request) 

• Complete a check via the NRPF connect system – NRPF Connect is a secure online database that enables a council to obtain immigration status information from the Home Office in compliance with data protection legislation, to help identify a person’s support options and whether the exclusion to social services’ support applies. Local authorities are required to subscribe to the system for a fee. 

Consent and safety 

• In order to foster a relationship of trust and to avoid any adverse consequences (such as enforced removal from the UK and long- term separation of family members) checks with the Home Office should only be done only after a discussion with the parents and the child (if old enough to understand), and where it is in the child’s best interests. 

• In some cases (e.g. in cases of domestic violence), it may be appropriate to consult only one parent; or in some situations, neither parent should be consulted. 

• Do not contact the authorities of another country before seeking legal advice about the possible risks to the child or  family members. 

• Be mindful of what you share with the Home Office. Before sharing information without consent, check that there is a duty or a power to share it. If there is only a power to share it, consider whether/why it is necessary. Consider whether it is necessary to the function of children’s social care. If there is a specific legal duty to share information with the Home Office, you need to be clear about exactly what/how much information you are under a duty to share. If you have neither a duty nor a power to share information and you do anyway, you could be in breach of data protection laws. 

• Carers may need to be strongly advised to seek their own separate legal advice if their status is insecure. 

Collating and recording information 

It is advisable to have a template available for Social Workers to collate and record relevant information as they go. The table below could be included as a link or an appendix to a Single Assessment Template. It is also available in the Steps for Social Workers tool. 

When collating the information in the above table it should not be assumed that a child has the same nationality or immigration status as either parent. Furthermore, if the information is available it may be helpful to include information for grandparents if possible as this may be relevant for some children. 

Social workers should ensure that copies of identification documents and Home Office documents are uploaded. 

It is important to obtain as many documents as possible immediately or soon after a child comes into contact with children’s services, as family members may not be around later, or may lose vital documents.  

Referring for legal advice 

If an immigration need has been identified and the child does not already have an immigration adviser it will be necessary to refer them to a solicitor. The information gathered will need to be provided to the solicitor so they can understand the child’s needs and what kind of application needs to be made. 

Please see the section on Connecting children in care and care leavers with good quality legal support for further guidance on this. 

Further information

This flowchart may assist in following this process and identifying immigration issues. Social Workers should only use this for information and must always ensure the child or young person gets advice from a regulated advisor when needed.

Credit: KIND UK / Central England Law Centre 

[Last updated May 2026] 

Immigration matters should be raised at the earliest stage in care proceedings and must be considered before proceedings are issues. Nationality and immigration status of the child and family members should be addressed at the Legal Planning Meeting and any necessary actions agreed. Care planning meetings should monitor the gathering of information and legal advice for the child, and ensure that necessary immigration applications are embedded in subsequent plans. 

Consideration should be given for obtaining a care order for unaccompanied migrant children if there is reasonable cause to believe that a child is suffering or is likely to suffer significant harm. A care order may be particularly relevant for younger children, those who have been trafficked or those with learning or capacity issues. 

Please refer to the section on ‘assessment’ for information about identifying immigration needs 

[Last updated May 2026]

In addition to identifying immigration issues for new children coming into care, it is vital to recognise that there may already be children in care who require assistance with their immigration status but have not had the benefit of early intervention or require follow up work to address immigration or nationality issues. For this reason, a child’s immigration status will need to be reviewed at other key stages including: 

• In care plans and pathway plan reviews 

• During “child in care” reviews 

• In needs assessments for young people who are approaching their 16^th birthday 

To ensure this happens systematically, the question “Does the child / young person have a British passport’ should be added to care and pathway plans and review reports, with sections to record required plans if the answer is ‘no’. 

Please refer to the ‘assessment’ section and Steps for Social Workers tool to explore potential immigration needs at any point if they have not been picked up at an earlier stage. 

[Last updated May 2026]

Once a child has been identified as having an immigration or citizenship need, the local authority has an important part to play. Informed and proactive support from Social Workers has led, again and again, to early resolution of status for children who do not have British citizenship. 

The following sections provide guidance on what proactive support with an immigration issue entails and the considerations that will need addressing to achieve it.

In all cases involving separated children, a responsible adult should be appointed to safeguard the best interests of the child and provide a supportive role and link between all those who may provide services to the child. Based on their duties to safeguard the welfare of separated children, this responsibility will lie with the local authority for looked after children. This means that the social worker will usually have to take on this role, ensuring the best interest of a child or young person is fully taken into account. 

However, at times part of the role may be delegated to others where appropriate e.g. a child may wish their foster carer or a support worker to attend a Home Office interview with them, in addition to their legal adviser. Any decision to delegate the responsible adult role to others should be recorded and justified. Where this role has been delegated, the Social Worker should still seek relevant updates on a regular basis and intervene if any issues come to light. 

The role of the responsible adult is an active one, and so anyone filling this role should fully understand all of their duties. In their guidance ‘Working with children and young people subject to immigration control, guidelines for best practice’, ILPA defines these duties as; 

• to exercise parental responsibility for the child or young person (if they hold or have acquired parental responsibility) 

• to ensure that the welfare of the child or young person is the paramount consideration in all decisions 

• to consult with and advise the child or young person as appropriate 

• to be sensitive to questions of age, gender, race, sexuality, culture, religion and any mental health problems or learning difficulties in working with the child or young person 

• to ensure that a separated child or young person has suitable care, accommodation, education, language support and health care 

• to ensure that a child or young person has suitable legal representatives to deal  with his or her immigration status or asylum application. 

• to ensure that the child or young person’s legal representative has the necessary instructions and information to act in his or her best interests and to be aware of the progress of the case 

• to attend all asylum or immigration interviews with the child or young person 

• To ensure that he or she is not unduly inhibited or alarmed by the interview process and to fulfil the functions set out by the Home Office 

• to provide a link between the child or young person and the various organisations which may provide services to the child 

• to advocate where necessary and appropriate on behalf of the child or young person, and 

• where appropriate, and taking great care not to increase the risks to the child or young person and/or to his or her family, to explore the possibility of family tracing and reunification. 

In addition to these duties, the responsible adult should ensure the following at any Home Office interviews or tribunal hearings: 

• raising any welfare issues that the decision maker needs to be aware of, before, during or after any interviews or hearings so that the welfare needs of the child are actively considered throughout that process 

• ensure that the child is spoken to in a way that recognises communication needs and their maturity 

• ensuring that the child feels comfortable during the interview process and / or hearing 

• ensuring that the child understands the interview process and / or hearing 

• providing moral support and reassurance as necessary to the child 

• facilitating communication between the child and the interviewing officer / home office representative / judge where necessary ensuring that all welfare needs relating to the child are sufficiently provided for during the interview process and / or hearing such as adequate breaks and refreshments 

• offering any additional information to the interviewing officer which may have a bearing on the child’s emotional wellbeing and fitness for interview (for example, bringing to the officer’s attention that the child is fasting or that they have had a long journey and an early morning start to attend the interview) 

Even when a young person turns 18, they are likely to require the above support in interviews, and the Home Office will normally consent to this when requested in writing by the local authority. 

[Last updated May 2026] 

Immigration applications for children in care and care leavers will necessarily focus on their well-being and developmental issues. The child or young person’s allocated Social Worker or Personal Adviser will be best placed to address and explain these needs. 

Therefore, Social Workers and Personal Advisers may be asked to provide supporting statements for a child’s immigration or citizenship matter. If they are not, then the social worker should ask the legal representative if a statement would be helpful. 

The Home Office and the Courts have a legal duty to consider the best interests of a child as a primary consideration at all stages of decision making. 

In cases dealing with a child’s best interests, it is necessary to first identify what those interests are and how the child may be affected by a particular outcome. 

Any supporting statement should cover the following: 

• Any specific vulnerabilities and support needs and which support services are in place for the child, for example: 

• Educational needs 

• Medical needs, including treatment and medication 

• Mental health needs 

• Language needs 

• Social connections and support network in the UK 

• Family connections in the UK and also abroad 

• Can parents meet the child’s needs?  

• Comment on any expert assessments, such as psychological 

• Are there any current risks? 

• What would it look like if the young person no longer had access to their current support network? 

• The social worker’s view of the young person’s best interests (particularly if under 18)? 

This list is not exhaustive and will differ from case to case. The child’s representative should  advise if any specific information about the child is required. 

It is important to note that any supporting statements should be based around a social work assessment and so it is not an assessment of their right to remain in the UK. 

Social workers should bear in mind that if they are providing a statement within an immigration appeal then they may be asked to give evidence. 

[Last updated May 2026]