Roles and challenges of social worker in promoting the rights of children seeking asylum

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What roles might you play, and what challenges might you face as a social worker

promoting the rights of asylum seeking children.

It is certainly not easy when a person or a family has to leave their belongings, home and country to migrate and seek asylum in a search for a better and safe life. In this courageous attempt, children unfortunately, suffer the most as they have the potential risks of being neglected. Asylum seeking children especially those who are unaccompanied may experience extreme psychological trauma as a result of both pre- and post-migratory experiences (Fanning, 2004:211). These children are vulnerable as they need much support in the process of applying for a refuges status and most importantly where they will be placed after a decision has been made. Rutter (2006:93) suggests that “much of the legislative and policy change on asylum and immigration process has had a detrimental affect on the welfare of asylum seeking children”. This requires the much needed assistance from social workers who have the training and facilities to provide aid to these children. As McLaughlin (2008:54) writes:

Social work involvement with immigrants and asylum seekers should come as no surprise. Given its role in working with those at the margins of society, the disadvantaged oppressed, and given that immigrants and asylum seekers are among the most disadvantaged groups in society, social work (support) would seem entirely appropriate and reasonable.

This essay attempts to analyze the roles of social workers in providing a good professional service and practice to asylum seeking children. Hence, the focus of this essay will also concentrate on discussing the challenges involved in promoting the rights of asylum seeking children as a social worker.

        Under paragraph 349 in the UK immigration rules, a child is defined as “a person who is under 18 years of age or who, in the absence of documentary evidence establishing age, appears to be under that age” (The Children’s Legal Centre, 2008:3). Unaccompanied asylum seeking children is also defined in the Border and Immigration Agency Asylum Process Guidance as: “a child who is applying for asylum in his or her own right and (or) is a child who is separated from both parents and not being cared for by an adult who by law or custom has responsibility to do so” (ibid, p.4). Therefore, unaccompanied asylum seeking and refugee children in England have the same equal legal entitlements as citizen children. This includes the right for education, healthcare, and the rights that enshrined in the Children Act (1989) and the Human Rights Act (1998) (Humphries, 2004:45). It has been estimated that since 2002, there are more than 40,000 children have arrived or been born in the UK in asylum seeking families (Reacroft, 2008:2). These figures may also reflect the concerns on the ability of the National Asylum Support Service (NASS) to provide a better support for the asylum seeking children. Certainly, this leads to the key discussion of this essay - the role of a social worker in promoting the rights of the asylum seeking children.

In 1980s, social workers were mainly described as the gate keepers to resources. Later, when there were increased flows of asylum seekers and delays in processing cases during the 1990s, asylum teams were established in a number of boroughs in response to this new situation. Most were based in social work departments but, they also involved other services (Sales and Hek, 2004:61-64). In 2000, in order to establish the new asylum support, the specific role carried out by the asylum team has been re-arranged with the development of the National Asylum Support System (NASS). As such, social workers are still involved with the asylum team, but this time with the partnership with NASS. Local authorities too have the responsibilities to provide care and support for all asylum seeking and refugee children whom they perceive as in need. Humphries (2004:45) highlights that under the Children Act, the local authorities have an obligation to provide a range and level of services appropriate to each unaccompanied asylum seeking children’s need. However, accompanied children seeking asylum will have lesser right than citizen children, as they are supported through the NASS, although they still have the right for education and healthcare.

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The asylum determination process is managed by the Immigration and Nationality Directorate (IND) of the Home Office. Throughout the process, a child seeking asylum will be placed within a care of a social worker, to provide assistance, discuss available options and ensure the best interests for the child – in line with the proposed code of practice ‘Keeping Children Safe From Harm’ which has been introduced by the UK Borders Act (Reacroft, 2008:3). The first important task of a social worker is to determine the children age especially if they appear younger than 18 years old when they apply for ...

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