Advice needs of migrant children

Born in Nigeria and trafficked to the UK at the age of five, “Y” was forced to live as a domestic servant until she escaped aged 16 and presented at the local authority. She had no valid leave in the UK. The authority disputed her age, and denied her any support. Nor did they act upon indicators of trafficking and refer her to the National Referral Mechanism. Y was referred to Coram Children’s Legal Centre (CCLC), which challenged the age assessment and the High Court found in her favour. Y said: “For once in my life I feel like I have an identity.”

Y’s case is illustrative of the legal issues that many migrant children face and the multiple complex administrative systems and legal proceedings that will determine their future. Since the Migrant Children’s Project was established in 2004, many of the queries and cases dealt with have highlighted the same problem: significant obstacles remain to children and young people subject to immigration control accessing the support and protection they need.

A critical factor is the lack of adequate advice, advocacy and legal representation that would enable them to understand and realise their rights. Article 2 of the UN Convention on the Rights of the Child clearly states that the rights within the convention should be respected for all children within the state party’s jurisdiction, and the rights of migrant children are also enshrined in domestic standards. However, this can mean little in practice if children are unaware of their rights and do not have the means to challenge breaches of them.

Addressing these problems may ultimately rely on a child or young person securing good quality free legal advice and representation from solicitors – sometimes in several areas of law. They will also need support and guidance from the range of professionals with whom they have contact, including social workers, support workers, and advocates.

A new report from the CCLC, Navigating the System examines the many administrative and legal issues facing separated children and obstacles to securing the advice they need. It highlights that few legal practitioners have specialist expertise on children’s cases. Moreover, finding any good law firm or not-for-profit organisation with capacity to take on new cases is becoming increasingly difficult.

Access to legal advice
This situation will be compounded by the Legal Aid, Sentencing and Punishment of Offenders Act, which received Royal Assent on 1 May 2012. The act will affect some migrant children directly by removing access to free legal advice and representation for immigration cases (for example, Article 8, private and family life cases). It is also likely to affect many children and young people indirectly in the changes it will bring about to the legal aid landscape and social welfare law in general.

These changes come at a time when accessing advice from other sources is also increasingly difficult and agencies and organisations are having to close or cut services due to funding cuts. Local authorities have also seen significant funding cuts and the reorganisation of some children’s services departments, making it harder to maintain specialist staff with the necessary knowledge to support these children. Meanwhile, organisations working with migrant and refugee children have been hit with some of the largest cuts in the voluntary sector. Last year, government funding for the Refugee Council’s frontline support advice service was cut by more than 60 per cent. Of those charities and organisations surveyed for the report, more than 50 per cent did not have future funding secured, and were unsure as to whether they would be able to secure it.

Navigating the System shows that in this challenging climate, securing justice for children and young people will involve professionals thinking of new and inventive ways of working together and working effectively.