Commissioner concerned by findings of new report

This statement is in relation to a report published by JustRight Scotland.

Details about the report can be found in an article published by The Ferret.

Children and Young People’s Commissioner, Nicola Killean: 

“The findings of this report describe the dangerous reality many unaccompanied asylum seeking children face when seeking refuge in the UK and being placed in Scotland. We are deeply concerned about the number of unaccompanied children  incorrectly classified as adults, which denies them the support they need, and risks them being placed in even more vulnerable situations. The root of this issue lies with the Home Office, but this report sheds light on unlawful and unacceptable practice by Scottish local authorities. Local authorities have their own legal duties to children that must be complied with. Any failure to do so is a violation of children’s rights.  

“My office has long raised concerns that unaccompanied asylum seeking children are experiencing significant periods in unsuitable accommodation alongside adults. This can be actively dangerous, exacerbate trauma and cause long term harm to their health and development.  No unaccompanied child should have to live in a hotel, or hotel-type accommodation – they are totally unsuitable and violate a wide range of children’s rights.   Local authorities must comply with their legal duties under the Children (Scotland) Act 1995 and not put unlawful barriers in place to carrying out age assessments. They must then act promptly on that assessment to provide unaccompanied asylum seeking children with safeguarding and suitable accommodation which should be properly assessed in line with human rights and domestic law standards.  

“The Scottish Government must review and update its Age Assessment Practice Guidance, placing it on a statutory footing if needed to secure compliance and consistent practice. Scottish local authorities must urgently review their practice and ensure that all staff understand, and are delivering on, their legal obligations and duties to children. The Home Office must revise its approach to age assessments, ensuring all guidance, training and practice  is rights-based and considers external factors that may affect the child’s physical presentation on arrival to mitigate incorrect decisions.”