Safeguarding Unaccompanied Children

The term " unaccompanied children includes a wide range of children in a variety of circumstances, including migrant children and children who are victims of modern slavery. Practitioners in Jersey should be aware of the well-being, health and development needs and the need to safeguard this cohort of children, to ensure that children who arrive on the island unaccompanied have access to the support and services they need.

Some children will have been trafficked or persecuted and may have witnessed or been subject to horrific acts of war and violence. Others may have been sent in search of a better life or may have been brought to the UK for private fostering, where they may have been subsequently abandoned or exploited when arrangements fail (see SPB Jersey Child Exploitation).

This chapter contains practice guidance about the approaches and legal frameworks which should be used to support and protect the welfare of children and young people who are at risk of harm as they arrive in this jurisdiction or are found in circumstances which equate to being an unaccompanied child on the island.

This guidance is for all practitioners (paid or unpaid) who work with children (including the unborn child), and those who work with adults who are parents/carers and who therefore hold responsibility for safeguarding and promoting the welfare of children. It is intended to be read alongside the Children and Young People (Jersey) Law 2022, commensurate Statutory Guidance 2024, and the Jersey Children’s First Framework (JCF). All practitioners must be aware of their individual and collective Roles and Responsibilities in identifying and taking action when they identify wellbeing, health and development needs and safeguarding the welfare of children and follow Jersey SPB Child Protection Procedures and Children and Young People Safeguarding Referrals Procedure.

In Jersey, effective safeguarding of children and young people relies on timely and appropriate information sharing. All practitioners have a legal and professional duty to share information where necessary to promote the welfare and protect the safety of children (see SPB Jersey Safeguarding Introduction).

Practitioners must be familiar with and act in accordance with the Children and Young People (Jersey) Law 2022 and commensurate Statutory Guidance on Information Sharing, which supports multi-agency working and a child-centred approach to decision-making (see also Data Protection (Jersey) Law 2018).

These definitions originate from the United Nations High Commissioner for Refugees (UNHCR), which distinguishes between “separated” and "unaccompanied" children.

Child – any person under the age of 18.

Separated Children – are those children “separated from both parents, or their previous legal or customary primary caregiver, but not necessarily from other relatives. These may, therefore, include children accompanied by other adult family members."

Unaccompanied Children (also called unaccompanied minors) - are children "who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so."

Orphans are children “both of whose parents are known to be dead. In some countries, however, a child who has lost one parent is called an orphan.”

Unaccompanied children arriving in Jersey are children who are:

• In the care of adults who may present as carers but have no Parental Responsibility for them;
• In the care of adults who have no documents to demonstrate a relationship with the child or young person;
• Are privately fostered;
• Arrive on their own;
• Arrive in the care of agents.

There is a wide range of status possibilities for unaccompanied children.

Unaccompanied asylum-seeking children

Children who are: 

• Under 18 years of age when the asylum application is submitted;
• Applying for asylum in their own right;
• Separated from both parents and are not being cared for by an adult who, in law or by custom, has the responsibility to do so.

The provisions in Jersey Immigration Law which make up a legal basis under which unaccompanied children may be detained are balanced by the law to protect their welfare, need for protection, and to be safely cared for.

Section 55 of the Jersey Borders, Citizenship and Immigration Act 2009 states: -

55 (1) The Minister must make arrangements to ensure that:

1. …functions …. are discharged having regard to the need to safeguard and promote the welfare of children who are in Jersey. Paragraphs 16(2) and 18(b) of Schedule 2 of the 1971 Immigration Act.

H.M. Attorney General for Jersey has issued guidance to immigration officers which ensures that no child who arrives in Jersey unaccompanied shall be detained overnight other than in accommodation, and under arrangements approved by an Officer of the Children’s Service.

In the UK, some children and young people will not qualify for asylum but may require 'humanitarian protection' (where a child is found not to be a refugee under the Refugee Convention but they are nevertheless at risk of serious harm on return to their country of origin - see Granting humanitarian Protection: case worker guidance Home Office Guidance). Others may not qualify for any leave to remain in the UK, where the Home Office will determine their status. In Jersey, Police and Children’s Social Care would be required to seek specific legal advice from the Law Office Department on a case-by-case basis for any child found in these circumstances.

In Jersey, “unaccompanied children may... apply for asylum and, in view of their potential vulnerability, particular priority and care is given to handling of their cases” where “A person of any age may qualify for refugee status under the Convention” where the minister is satisfied that: -

• The applicant is in Jersey or has arrived at a port of entry in Jersey;
• The applicant is a refugee;
• Refusing their application would result in the applicant being required to go ……to a country in which their life or freedom would be threatened on account of .. race, religion, nationality, political opinion or membership of a particular social group.

See below for further information on Jersey and UK immigration laws:

In Jersey Immigration Rules, Paragraphs 350, 353, 352, 352ZA to 352ZF deal with unaccompanied children, see Jersey Immigration Rules (2024)

UK legislation accessed via - Immigration Rules Part 11: Asylum, Rule 350 Unaccompanied Children

Unaccompanied migrant children not seeking asylum: a child who is not seeking asylum because their reasons for being here are not connected to seeking protection, or who may be undocumented, or is not seeking asylum because they have not been advised of the need to do so. The child may be separated from both parents and is not being cared for by an adult who, in law or by custom, has the responsibility to do so, where Children’s Social Care and Police would be required to seek legal advice for any child on a case-by-case basis found to be in these circumstances.

Modern slavery is a form of organised crime in which individuals, including children, are treated as commodities and exploited for criminal gain. Trafficking of persons’ means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation,  Child trafficking or child modern slavery is child abuse which requires a child protection response (See SPB Jersey, Recognising Abuse and Neglect and Exploitation, Child Exploitation and Modern Slavery and Child Trafficking).  

The term Entry local authority refers to the destination where the child arrives; this chapter focuses on unaccompanied children arriving in Jersey as the entry local authority.

A receiving local authority is the authority which accepts the transfer and legal responsibility of an unaccompanied child. In this chapter, this would relate to a receiving local authority accepting a child from Jersey.

This guidance intends to reflect broadly the additional issues faced by unaccompanied children and families operating within the context of immigration law in Jersey.

In some cultures, child rearing is a shared responsibility between relatives and members of the community. Adults may bring children whom they have cared for most of their lives, but who may be unrelated or "distantly" related.

Children may have begun their lives in the UK with family or relatives, and for a variety of reasons, these care arrangements have not worked.

Children may have become separated from their parents and caregivers who have parental responsibility for a wide variety of reasons, such as humanitarian crises, conflict, natural disaster, migration, ill health of parents, to be given a better life and better educational opportunities. The unaccompanied child may have parents in the UK or elsewhere. The UK Department for Education (DoE), Care of unaccompanied migrant children and child victims of modern slavery guidance (2017) states that unaccompanied children are particularly vulnerable to abuse, neglect and exploitation. Children in these circumstances need care and assistance to ensure they receive the support they require. They may require specialist support from services upon entry to Jersey, and a plan of care around resettlement, which may include appropriate accommodation and family-based care. This may also include the transfer of their care to a receiving local authority.

It is important to note that regulations and legislation in this area of work are complex. Please contact Jersey Customs and Immigration Services and/or refer to Jersey Immigration Rules for more information.  There is statutory guidance from the United Nations High Commissioner for Refugees (UNHCR) and the DoE 2017 in relation to children who are refugees and those who are migrant and child victims of modern slavery.  Practitioners must be aware of the context of children arriving in Jersey, where decisions will be made in the best interest of the child on an individual, case-by-case basis. Children’s Social Care and Police, in particular, are required to seek advice from Jersey Immigration and Customs Services, and legal advice from the Law Office Department on a case-by-case basis.

Immigration legislation difficulties must not impact on multi-agency work to safeguard and promote the welfare of unaccompanied children. All Practitioners and agencies have a statutory responsibility to work together in a child-centred way to ensure their well-being, health and development needs are met and that their welfare is safeguarded (Children and Young People (Jersey) Law 2022)

Where families are subject to immigration legislation which precludes financial or housing support, or where their right to be on the island is questioned. Some families may disappear into the community. During this interim period, the child’s welfare, health or development needs may be affected. Children who disappear in this way and where there are concerns about the child's welfare must be considered as missing (See SP Jersey - Children Missing from Home and Places of Education).

Unaccompanied children must be assumed to need statutory intervention. Assessment of need must include a separate discussion with the child in a setting where they are able to talk freely (see Assessment). Assessing the needs of these children includes respecting the experience and expertise of the child by listening to their voice and understanding their experience from their perspective. Remembering they may not have the ability to clearly detail the trauma they have experienced, or be able to articulate the risk they are under, due to age, language barriers, expectations and ability (see SPB Jersey -

The needs of the child must be considered; this may be based on an account given by the child about their situation or based on professional judgment. The child’s description may include a culture which the practitioners are unfamiliar with. In any case their rights to live a life free from abuse, neglect,  and exploitation are the priority.

Unaccompanied children may be exposed to all forms of abuse, neglect and are at greater risk of Forced Labour, Criminal and Sexual Exploitation (See SPB Jersey Recognising Abuse and Neglect and Exploitation, Children Moving into and out of the island, Child Sexual Exploitation, Forced Marriage, Honour Based Violence, Modern Slavery and Trafficked Children, Female Genital Mutilation).

Practitioners must be suitably trained to identify indicators of abuse in relation to unaccompanied children and those at risk of abuse, neglect and exploitation. See SPB Jersey Training.

When a child arrives in Jersey unaccompanied, the following basic information must be sought :

• Confirmation of the child's identity and immigration status;
• Confirmation of the carer's relationship with the child and immigration status;
• Confirmation of the child's health and education arrangements in Jersey;
• Confirmation of the child's health and education arrangements in the country of origin and any other country that the child has travelled through.

If a child arrives in Jersey unaccompanied, meaning they are alone, with adults or persons without parental responsibility for them and/or with adults who have no documentation to clarify their parental responsibility, practitioners must:

• Where there is an immediate risk of harm, call the police on 999;
• Follow the Jersey SPB Child Protection Procedures and Children and Young People Safeguarding Referrals Procedure;
• Send Enquiries to the Child and Families Hub;
• In parallel, refer an adult or young person with their consent to supportive domestic abuse services (Jersey Domestic Abuse Services or Freeda);
• Where there is also an adult with care and support needs, practitioners must raise a safeguarding concern with referral to the Single Point of Referral for adults at risk of harm.

Where it is established that the referral concerns an unaccompanied child migrant, regardless of the category, this satisfies the criteria for services for children who are in need of wellbeing, health and development support (see Statutory Guidance - Levels of Need).

Children are “in the care of the minister” if they are accommodated for over 24 hours. An unaccompanied child will become a Looked After Child after having been accommodated for over 24 hours. Once accommodated, they will be subject to the appropriate regulations and the same service as any other Looked After Children (see Jersey Children’s Law (2002), Children and Young People (Jersey) Law 2022, SP Jersey Children Looked After and other Children Living Away from Home).

As part of the general duty to assess and meet the needs of an unaccompanied asylum-seeking child, Children’s Social Care should ensure that the child has access to legal representation.

Unaccompanied children are likely to require specialist support from a variety of agencies and organisations.

All Practitioners involved in the care of unaccompanied children and child victims of modern slavery should be able to recognise indicators of trafficking, slavery, servitude and forced or compulsory labour and should have an understanding of the particular issues likely to be faced by these children.

This is a complex area of work, and practitioners will need to have a solid understanding of the asylum process and immigration systems in Jersey, seeking advice where required from Jersey Customs and Immigration Services.

Unaccompanied children should be assessed as a matter of urgency, as they may be geographically mobile and their vulnerabilities may be greater if they are moved from Jersey without adequate support or understanding of their circumstances.

Any agency made aware of a child in such circumstances should swiftly refer the child to the Children and Families Hub so that the multi-agency team on the island can begin to address their needs.

Where unaccompanied children arrive in Jersey, consideration must be given to their holistic wellbeing, health and development needs as well as the need to safeguard their welfare(See SP Jersey Assessment and Article 42 Enquiries) and to follow the Child Protection Medical Assessment Pathway and/or Child Sexual Abuse Assessment Pathway.  

Where a child has Wellbeing, Health and Development Needs, a Wellbeing Assessment will be undertaken by the Multi-Agency and led by Children’s Social Care, which should:

• Understand any immediate well-being, health and development needs the child may have;
• Establish relevant information about the child’s background;
• Understand the reasons the child has come to Jersey;
• Assess the child’s risk and vulnerability, and in particular to the continuing influence/control of adults around them who may be exploiting them.

All unaccompanied children should be viewed as potential victims of Modern Slavery or Trafficking in the first instance until this possibility is either confirmed or discounted.

Unaccompanied children must have access to specialist asylum and/or immigration legal advice and representation to ensure the child can fully present their case for asylum or leave to remain (the leave to remain may not be in Jersey but may be with an agreed receiving local authority), in all cases Police and/or Children’s Social Care should seek legal advice on a case by case basis.

Multi-Agency Assessment must take into account:

• The child's health needs and any particular physical, emotional or psychological impacts of their experiences as an unaccompanied child, and any consequent need for physical, psychological or mental health support to meet their needs;
• The immigration status of the child;
• The young person's ethnicity and religion;
• Any safeguarding issues or factors that may indicate the child is or has been trafficked or may be a victim of compulsory labour, servitude and slavery;
• Photographs of the child are kept on file for use if they go missing, which can be shared. Photographs may include face and full body, and any others that depict distinguishing features;
• Without criminalising the child, fingerprints may be taken as part of Police procedure (such as following Operation Innerste Protocol to enable potential future detection);
• Any family links that may be available to support the child (ensuring the search for family members does not jeopardise the safety of the child, where the child should always be consulted with and informed if family tracing is being undertaken or commissioned on their behalf (see British Red Cross - Find My Missing Family));
• The young person's accommodation arrangements and needs;
• The child's educational needs and how these will be addressed through a Personal Education Plan;
• The young person's local connection with Jersey or any other local authority areas;
• The young person's financial needs and needs for other support;
• The assessment should note that specialist legal support is required and how it will be provided;
• The age assessment of the young person (where relevant) and any available information on their agent, their access to Jersey, the length of time they have been in Jersey (or the UK) and possible other connections.

Unaccompanied children need access to specialist legal advice and support, in relation to immigration and asylum applications, decisions and any associated legal proceedings. If they have been a victim of modern slavery, this may also be in relation to criminal proceedings. The child's social worker should ensure that the child is accompanied in all meetings. The person accompanying the child does not have to be the child's social worker.

In determining an unaccompanied young person's accommodation needs, the assessment must have regard to their age and independent living skills and consider the intensity of service required. This may range between independent accommodation, semi-independent accommodation, foster care, residential placement, or, in specific cases, a specialist residential therapeutic unit.

No assumptions should be made about the child's language skills. An appropriately qualified and vetted interpreter must be used to assist in all assessments. Where it is vital that an interpreter is employed in the child's first language and that care is taken to ensure that the interpreter knows the correct dialect (and is not a family friend if there are concerns around other forms of abuse such as forced marriage, honour-based violence or child trafficking). Interpreters must be appropriately trained and vetted.

The allocated social worker must complete a Case Record in all cases where Children’s Social Services should seek to pay particular attention to the detail of spelling names and of descriptions of familial relationships.

Planning for the child should include planning for a variety of possible outcomes regarding the child's immigration status.

The first contact with the child and their “carers” is vital to the engagement, as it gains trust crucial for their future support, advice, and access to services. The child or family they are living with may have concerns around:

• Their immigration status;
• Fear of repatriation;
• Anxiety raised by multiple practitioners asking the same questions;
• A lack of understanding of the separate role of services;
• A lack of understanding of why an assessment needs to be carried out;
• Previous experience of being asked questions under threat or torture or seeing that happen to someone else;
• Past Trauma - past regime/experiences can impact upon the child's mental and physical health;
• The journey and previous living situations are a source of trauma;
• The shock of arrival – in an alien culture, system and language.

Practitioners should be trained to work in a trauma-informed way using Trauma-Informed Practice, as advised by Brook. In such circumstances, children may be reluctant to divulge information. Memory loss and differing narratives caused by trauma should not be mistaken for lack of cooperation or untruthfulness.

Practitioners should ensure that ongoing engagement with the child and their carers (where appropriate) is coordinated and consistent, providing an opportunity to build safe relationships for the child with trusted practitioners.

Consideration given to the psychological or emotional impact of the experiences of an unaccompanied child and the need for psychological or mental health support to help the child process their experience.

Seeking information from the UK or abroad must be a routine part of assessing the situation of an unaccompanied child. Practitioners from all key agencies - Health, Education, Children's Services, Customs and Immigration and the Police – must be prepared to request information from their equivalent agencies in the country or countries in which a child has lived, to gain as full a picture as possible of the child's preceding circumstances.

When a child is resettled, efforts must be made to trace their parents/carers using services such as Restoring Family Links.

Other factors to consider are:

1. The Child's Developmental Needs;
2. Parenting Capacity of their current carers;
3. Family and Environmental Factors.

During the assessments, additional factors need to be considered:

• The implications for the child where deportation is a threat;
• Deciding if there is a need to prosecute;
• Balancing the impact of separation on a child with the history of separation/disruption;
• Judgements about childcare practices in the context of diverse cultural backgrounds must be culturally sensitive.

Assessment must address not only the barriers which arise from cultural, linguistic and religious differences, but also the sensitivities which come from the experiences of the child. The ethnicity, culture, customs and identity of this child must be a focus whilst keeping this child central to the assessment.

Practitioners must work in a culturally sensitive way. Please see the NSPCC briefing on Culture and Faith: learning from case reviews. Published case reviews highlight that practitioners sometimes lack the knowledge and confidence to work with families from diverse cultures and religions. A lack of understanding of the religion or cultural context of families can lead to practitioners accepting lower standards for fear of being seen to practice without cultural competence. A challenge must be made on any attempt to justify harm on cultural or religious grounds. Where it is essential practitioners remain focused on the health, development and welfare of the child, where their rights and needs remain paramount.

A culture around justification for abuse can be based on tradition, custom, faith, honour, religion, thoughts, beliefs and values. Working with cultural competence does not mean ignoring or excusing practices that are against Jersey Law, or that cause or risk causing significant harm to children.

Assessments should explore the impact of a person’s culture on their life, including spiritual practices, rites/blessings, beliefs and practices surrounding life events, dietary restrictions, personal care, daily rituals, communication, social customs and attitudes to health care and support. But if there is justification for abuse, neglect or exploitation, this must be challenged.

Practitioners who are unsure should seek support from their safeguarding leads.

Practitioners should have access to regular Internal agency safeguarding supervision.

Agencies should also consider multi-agency reflective supervision where cases are complex, stuck or drifting.

Challenges should be welcomed, and partnership working depends on resolving professional differences and conflict as soon as possible. If staff experience professional differences, they must follow the SPB Jersey Resolving Professional Difference/Escalation Policy.

Provisions of Service – Jersey immigration Rules and Legislation are complex, but throughout, there is an overriding duty to put the welfare of the child first. Immigration Rules and Legislation do not prevent medical care being given to an unaccompanied child, where they should be provided with the health care they require (this may include access to dental health and/or a GP where required).

Location of the child during Assessment - Provision may need to be made for the child to be in a safe place before any further assessment takes place, and for the possibility that they may not be able to disclose full information about their circumstances immediately. The location of the child should not be divulged to any enquirers until their identity and relationship with the child have been established and the local authority is assured of their motives, if necessary, with the help of police and immigration officials.

Asylum Seeking - A child may wish to claim asylum in their own right, and if they are able to seek asylum, this should be considered as soon as possible.

Financial Assistance – Unaccompanied children may require financial assistance, and arrangements should be made for payment of relevant amounts where required.

Legal and Social Issues - Supporting the integration of unaccompanied children often includes complicated legal and social issues. National guidelines can help to ensure a uniform and sensitive approach that agencies can use to guide practice, while understanding that laws differ in Jersey from UK Law. Please see:

Care of Unaccompanied Migrant Children and Child Victims of Modern Slavery - Statutory Guidance for Local Authorities (November 2017) (Note: this guidance relates to UK Law, where, on a case-by-case basis, Jersey Children’s Social Care and Police would consult Jersey LOD).

Modern Slavery and Child Trafficking - Where there are concerns that a child is a victim or a potential victim of modern slavery and child trafficking. This chapter should be read in conjunction with SPB Jersey Modern Slavery and Trafficked Children  and the Crime Transnational Organised Crime. (Jersey) Law 2008.

Resettlement - If resettlement is in the best interest of a child, the UNCHR states, “these decisions shouldn’t be taken lightly as resettlement normally means that the child is separated from their own community and culture.” Children in these circumstances require specialist support.

Understanding Age - Where the age of a child is in doubt - DoE 2017, states in reference to unaccompanied children, “where the person’s age is in doubt, they must be treated as a child unless a case-law age assessment determines the person to be an adult”. Research reflects that Unaccompanied Children rarely have possession of documents which confirm their identity or substantiate their age. Their physical appearance may not necessarily reflect their age. The assessment of age is a complex task, which can rely on professional judgement and discretion. Issues of disability may compound such an assessment. Moreover, some societies do not place importance upon age or calculate this in other ways than years. Determining the age of a child can be central to assessment, particularly where this affects the child's rights to access services.

Where the age of a child is uncertain, they should be presumed to be a child to enable access to assistance, support and protection. Age assessments should only be conducted where there is a significant reason to doubt that the claimant is a child. Age assessments should not be a routine part of a local authority's assessment of unaccompanied or trafficked children.

The UK produced the Age Assessment Joint Working Guidance. The guidance is intended to help agencies work together. It is important that decisions are made in order to minimise levels of distress to those involved. As the issue of age assessment in children’s social care with asylum-seeking children remains controversial, the Association of Directors of Children's Services  (ADCS) and Asylum Task Force have worked with the Home Office to provide Age Assessment Guidance and Information Sharing Guidance for UASC. These documents are offered for practice guidance in Jersey by way of assistance. The use of the proforma and consent form included in this guidance is voluntary. This is a recommended approach. Where the advice of a paediatrician with experience in considering age may assist in understanding the age of a child in relation to their physical development, this is a complex area of practice. Whilst referencing UK Legislation gives some context, practitioners faced with the dilemma of determining a child’s age would need to seek specific guidance from Jersey LOD before following UK guidance in this area.

Parental responsibility – Where a child’s parents' whereabouts are not known, or the person caring for them has no means of demonstrating parental responsibility. Children do not have someone with parental responsibility. Once the assessment determines that the person caring for the child is safe, they can still attend school, and schools should be pragmatic and allow the carer to make decisions typically made by parents. Unaccompanied children are entitled to health care and have a right to be registered with a General Practitioner (GP). The Child can be seen in the emergency department, and emergency life-saving treatment must be given. As with medicals, which are required to protect the child from significant harm, such as Child Protection Medicals and/or Sexual Abuse Medicals, where needed. Should an unaccompanied child require routine medical treatment such as surgery or invasive treatment in a non-life-threatening situation, parental consent is required, and legal advice must be sought.

Jersey Immigration Legislation, rules and feedback

Human Rights (Jersey) Law 2000. (Article 4 Prohibition of slavery and forced labour)

Immigration Rules Part 11: Asylum – (UK legislation)

UK Visas and Immigration - formerly UK Border Agency.

Modern Slavery Act 2015 (UK legislation).

Care of Unaccompanied and Trafficked Children: Statutory Guidance for Local Authorities on the Care of Unaccompanied Asylum Seeking and Trafficked Children (2017)- DoE

Unaccompanied Asylum-seeking Children (UASC): UK Funding Instructions 2023 – 2024 – Gov UK. (UK Funding Legislation)

Statutory Guidance Modern Slavery: How to Identify and Support Victims – Gov UK – (UK Legislation for information - Jersey Legislation differs)