The ‘Gentlemen’s Agreement’ between the UK and France enabled unaccompanied children to be sent back to France within 24 hours if they did not immediately ask for asylum, a new report has revealed. This resulted in a significant failure of child protection.
The “Landing in Dover” report by Maggie Atkinson, Children’s Commissioner for England also uncovered excessive periods of detention prior to release into local authority care due to the number and length of immigration interviews undertaken at the point of arrival.
The report results from an investigation by the Office of the Children’s Commissioner (OCC) into the treatment of unaccompanied children asylum seekers when they first arrive in the UK. Once the Children’s Commissioner brought the issue to the attention of Rob Whiteman, UKBA’s new Chief Executive, he ended the practice - in respect of children - immediately.
Just over 1,700 unaccompanied children that entered the country in 2010 sought asylum, whilst a number of those returned to France under the Gentleman’s Agreement, may have been trafficked for exploitation. Investigations by OCC have found children seeking asylum include those escaping war zones and persecution. They are often hungry, ill, exhausted and distressed when they first arrive.
“Children arriving unaccompanied in the UK are some of the most vulnerable that my office and society encounters,” said Ms. Atkinson. “That is why we have continued to investigate how they are dealt with, working constructively with UKBA, to improve their treatment. This has been advanced through the end of the `Gentleman’s Agreement’. I commend Rob Whiteman for acting decisively.”
Ms. Atkinson said UKBA has also ceased to conduct screening interviews on asylum seeking children when they first arrive. “We welcome this further step in reorganising the arrangements for unaccompanied children arriving in Kent. My office will continue to work with the key agencies in the county to achieve the best outcomes for children and to ensure UKBA delivers on the commitments it has given me.”
The “Landing in Dover” has recommended using face to face interpreters and stopping the use of telephone interpreters for interviews other than for gathering basic details about the child’s identity.
It also recommended exploring ways in which the police can gather bio-data such as finger prints on UKBA’s behalf when they are the first agency to encounter children who have just entered. This would enable them to arrange for the child to go directly into local authority care rather than to the immigration office for processing.
The report urged the authorities to ensure that the child has had the chance to gain support from a legal representative and that their representative is able to accompany them, along with a Responsible Adult, to the immigration interviews.
The Refugee Council welcomed the report and UKBA’s decision to stop sending to France unaccompanied children, including trafficking victims. “We are very relieved that as a result of this welcome report, the disgraceful ‘Gentlemen’s Agreement’ that has long put the wellbeing and safety of children at risk of harm and exploitation, has now been put to an end,” Donna Covey, Chief Executive of the Refugee Council said. “The report has shone a light on the lengths our government is prepared to take in order to pass the responsibility for children arriving here back to other countries.”
Apart from fleeing horrifying situations in their own countries, many of these children “have undertaken hugely traumatic journeys to reach safety in the UK,” Ms. Covey said. “They need time and support to recover as well as access to legal support before they make their claim for asylum, and it is unjust to expect them to fully explain why they need protection here so soon after arrival.”
Ms. Covey asked the government to heed the recommendations to improve the screening system for children when they arrive in ports across the UK, “to ensure children seeking safety in this country are properly supported, in line with our international obligations to protect children in our care.”
