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Michael Gove concerned over child x-ray trial

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dentalxray2.jpgCollective sigh of relief, a government minister has, finally, admitted there are "causes for concern" about UK Border Agency (UKBA) plans to use dental x-rays to determine the ages of asylum-seeking children

Addressing a committee of MPs today, education secretary Michael Gove said: "I am concerned obviously to ensure that we do not have people exploiting the generosity of this country, but I'm also clear that we should ensure that the dignity of individuals and in particular the rights of children are respected too."

It's a pretty tentative response considering the serious question marks over the lawfulness of this trial (it's not a new issue). There are two main questions, according to lawyers: whether the trial complies with this European directive which makes specific requirements on those seeking to use x-rays and whether the young people can reasonably be said to have given their informed consent. There is also doubt over the efficacy and reliability of the science itself.

Syd Bolton, a solicitor and co-director of the Refugee Children's Rights Project, called the UKBA trial "wilfully misconceived and fundamentally flawed". He told me it fails to have any regard to statutory safeguarding duties, interferes with the independent duties of councils and "will not, when all is said and done, provide any better or more accurate assessment of age than is possible using safe social work and paediatric assessment methods".

I know legal organisations have tried to contact the UKBA, with no joy, and it seems Michael Gove has had the same problem. He told MPs he's still waiting for a response from the Home Office and the UKBA. He also told Lisa Nandy MP that he didn't know whether his department had sanctioned the trial, but would write to her with the UKBA's response by Friday. Glad to see the mechanics of government are as well-oiled as ever. (Picture credit: schoschie on Flickr)

X-ray trial is 'deeply worrying sign' for DfE, says MP

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Michael Gove has expressed concern over the UK Border Agency's child x-ray trial, but is it too little too late? In this guest blog, Lisa Nandy MP argues the trial, and Gove's response, signals a worrying shift in the government's priorities.

At the education select committee this morning Michael Gove expressed cautious concern about ongoing UK Border Agency (UKBA) pilots to x-ray young people entering the country whose age is disputed. While his apparent concern about these trials is welcome, the secretary of state's response should ring alarm bells for the wider children's sector.

Gove said he only learnt about the pilots from my parliamentary question and a magazine article, both of which occurred after the pilots had started. He did not know if his department had sanctioned the trials and had not discussed concerns in any detail with his ministers. He told us he believed questions had been raised by his department but they had not yet been answered. When I asked him if it was usual to wait a month for urgent questions about safeguarding from other departments he suggested it was.
 
In contrast to his confident and, at times, brazen response to questions about education policy, Gove appeared to be on less certain ground with child protection questions. Although he stopped short of arguing he was not responsible for this group of children, he frequently referred to the fact that the x-ray pilots did not lie within his departmental responsibilities.

Fragmented policies

The session was deeply reminiscent of the time, before the 2004 Children Act placed a duty on all agencies to co-operate, when children's policy was fragmented across government. For migrant children this situation persisted until the creation of the Department for Children, Schools and Families (DCSF), which forced the UKBA to take responsibility, both morally and legally, for keeping children safe. 

That acceptance, in 2009, was hugely important for migrant children. Although they continue to suffer discriminatory treatment, it led to greater willingness to consider their needs and a sharp reduction in the detention of children.

Since then the DCSF has been renamed, as before, as the Department for Education. This is more than just semantics. The department's focus has shifted almost relentlessly to education, neglecting the wider children's agenda. Child poverty, once a top concern for the secretary of state, has been downgraded to junior ministerial level. Resources within the department have also shifted. There are now over 100 staff in the Free Schools unit alone, while just 76 work on safeguarding.

'Deeply worrying sign'

The ability of the UKBA to push ahead with pilots that have been condemned by the four children's commissioners, the British Association of Social Workers, children's charities and the former Chief Medical Officer is a deeply worrying sign that the Department for Education is either unwilling or unable to defend the most vulnerable children. 

That is currently a serious problem for the young migrants, some of whom are doubtless under 18, and are currently being exposed to ionising radiation for non-medical purposes. But unless this mission creep is challenged, it will ultimately become a problem for all children - especially the most vulnerable.

Workshops to combat Olympic child trafficking risk

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How you're feeling about the Olympics, or Londinium MMXII, may well be dictated by where you live and work at this stage. If I wasn't a Londoner - totally dependent on public transport and, I'll admit, fairly ambivalent about most competitive sports - I reckon I'd be getting pretty excited by now. It is, of course, a special occasion. 

But instead, along with many Londoners, I'm grumbling at the mere thought of getting around London in July. So I don't exactly need another reason to feel slightly underwhelmed by this summer's big event, but it seems there is one. And it's far more serious than the potential for disrupted travel plans. 

The charity ECPAT UK is warning that there is a heightened risk of child trafficking around the games. We reported on the social work response to the games last year, and the message remains that more children are expected to be trafficked into the country this summer. It's difficult to quantify numbers, but ECPAT is urging those working with children to make sure they know how to recognise the signs of trafficking - by its nature, hidden - and respond effectively.

The charity - which has sat on the London Local Safeguarding Children Board Olympic sub-group for the past 18 months - has produced three detailed briefings and is running three training courses in the run up to the games. See here for more details.

Community Care Inform will soon be publishing six detailed guides on child trafficking and sexual exploitation. Contact kim.poupart@rbi.co.uk to find out more. (Picture credit: Ben Sutherland on flickr)

Why social workers should oppose child x-ray trial

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Sue Kent.jpgPlans to use dental x-rays to establish the age of child asylum seekers are wrong and should make all social workers feel extremely uncomfortable, says Sue Kent, professional officer at the British Association of Social Workers (BASW).

 
The notion of the 'bogus' asylum seeker has become firmly embedded in public consciousness in recent years. As a result, the value of protecting and helping people in times of trouble has all but vanished from the wider debate. 

Yet there is no such person as a 'bogus' or 'illegal' asylum seeker; legally everybody has the right to seek sanctuary. Whether or not their claim is upheld is an entirely different matter.
 
We are so brainwashed by stories of Romanian pickpockets fleecing the public purse to build mansions back home, for example, that we've lost sight of the need to protect and help innocent people who have been horribly brutalised. That's why at BASW we believe every social worker should feel extremely uncomfortable about official plans to use x-rays to determine the age of asylum seeking children. These plans, trialled by Croydon council, raise ethical issues that should lie at the heart of every social worker's practice. 

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The issue seems to be skewed towards unmasking fraudulent adults. We should not automatically view children who seek asylum as potential criminals or spongers, and we should not assess them using a scientific model of highly dubious accuracy.

Social workers, along with colleagues in the health and legal professions, have not been consulted about this dental x-ray pilot. It has even been claimed that the UK Border Agency never sought approval from medical ethics watchdog the National Ethics Research Service. 

That says a lot about the government's attitude to the welfare of these children. The government claims the tests will not be compulsory, but will a frightened child in a strange country where they don't speak the language be able to confidently object? These tests, which are not even guaranteed to be medically accurate, expose children to radiation and pose an additional burden to the already overstretched public purse. 

Why is it that nine US doctors' organisations recently launched a campaign to reduce unnecessary medical tests and treatments - to save costs and reduce stress from potentially harmful procedures - while in the UK we plan to waste public money on x-raying children?
 
These children have often escaped a violent regime and experienced trauma. That the country where they seek sanctuary should expose them to further humiliation is not something the social work profession should ethically support. It is wrong and intrusive to subject children to these tests. 
 
Social workers need the time and resources to build relationships with unaccompanied minors to help ascertain their age and entitlement to services, rather than scrutinise them like a specimen in a science lab. (Image credit: Rex features)
 

brainbydierkschaefer.jpgMorning all, here's a quick round-up of interesting things on the world wide web:

Children exposed to family violence show the same pattern of activity in their brains as soldiers exposed to combat, according to a study in the scientific journal Current Biology.

A report by the chief inspector of prisons has criticised Yarl's Wood immigration removal centre for repeatedly detaining expectant mothers, the Guardian reports.

And have a look at this creative 'A-Z of homelessness' artwork by homeless young people from The Connection, designed to prevent and raise awareness of homelessness.

Picture credit: dierk schaefer

Children's Society research reveals renewed child detention fears

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planetakingoffbysmemon87.jpgIn case you'd forgotten amid all the Munro excitement, today is the day the government promised the detention of children for immigration purposes would end. (Although progress on this promise, like so many of the coalition's, hasn't gone well).

And if there weren't enough reasons to end child detention, the Children's Society has today published new research warning of the on-going dangers of detaining children.

The report - which examined the experiences of 32 families detained prior to the coalition's May 2010 pledge to end child detention - evidences children's traumatic experiences while being detained, which the government should be at pains to avoid.

These include children witnessing hunger strikes, suicide attempts and the use of restraint on their parents. The majority of children also experienced emotional distress, including sleeplessness, nightmares and constant crying, and ongoing health problems post-release.

boatimmigrationbyDIACIMgaes.jpgAlthough children will no longer be detained at the Bedfordshire-based Yarl's Wood immigration removal centre, it is not yet clear how they will be treated while detained in the UK Border Agency's new 'pre-departure accommodation' near Gatwick airport. (At which Barnardo's will, somewhat controversially, be running welfare services.)

Bob Reitemeier, chief executive of The Children's Society, said: "We will be paying particular attention to whether detention in pre-departure accommodation will be used as a genuine last resort, for the shortest time possible, and in the most exceptional cases. It is not yet clear if it will be just another form of detention that harms children.

He said the report highlighted how critical it is that "lessons are learned from the past and the needs and welfare of children in the asylum system are at the heart of the process."

Picture credits: smemon87 and DIAC Images

Should Barnardo's be running welfare services at new detention centre?

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Interesting piece from former children's commissioner Sir Al Aynsley-Green here on the mixed messages sent out by Barnardo's decision to run welfare services at the government's proposed detention centre near Gatwick airport.

Little extract: "This worrying development raises key questions, namely, are the big children's organisations effective advocates for children, or are they friends of Government? Can they be both, and if so, how and with what evidence of impact?

Landmark ruling allows mother to stay in UK for her two children

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RoyalCourtsJustice.jpgA landmark Supreme Court ruling today has paved the way for families facing deportation to remain in the UK if it is in the best interests of their children.

In the case of ZH (Tanzania) v SSHD [2011] UKSC4, the Supreme Court allowed a Tanzanian woman who was threatened with deportation to remain in the UK because removing her would breach the Article 8 human rights of her two children - the right to private and family life.

This was despite her chequered immigration history, which included two asylum claims under a false name. The decision will mean that courts must consider the best interests of children in cases where a parent is threatened with deportation.

Syd Bolton and Baljeet Sandhu, co-directors of the Refugee Children's Rights Project, said the decision marked a "significant step forward". In a joint statement they said: "The court has now set in stone the need to recognise the rights of the child and has sought to address the injustice done to children when immigration control is put before their welfare and needs."

They said the ruling highlighted the vulnerability of children in the immigration system, who will be denied access to justice, they claimed, under the government's proposals to cut legal aid funding. "If these proposals come to fruition an important case such as this may have never reached the court's doors," they stated

They called for the courts, the UK Border Agency and the Legal Services Commission to put in place "child-sensitive procedures to ensure that this judgment is given full effect in their duties to safeguard children, and that in all decisions about children and their families, their best interests should customarily dictate the outcome".

Picture credit: Rex Features

High Court rules detention of two families was unlawful

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The High Court has slammed the UK Border Agency for unlawfully detaining two families and failing to implement detention policy properly.

The judge, Mr Justice Wyn Williams, found that the detention of the families of Reetha Suppiah and Sakinat Bello breached their right to libery and family life under articles 5 and 8 of the Human Rights Act 1998. It provided further evidence of detention policy not being properly applied, he said, and of the long-term harm it can cause to children.

The families could now claim thousands of pounds in damages, according to reports.

"The cases of the two families involved in this litigation provide good examples of the failure by UKBA to apply important aspects of the policy both when the decisions were taken to detain each family and when decisions were taken to maintain detention after removal directions had been cancelled," Justice Wyn Williams said.

Penny Nicholls, director for children and young people at The Children's Society, said the case highlights "that immigration detention of children should be ended immediately".

"It is disappointing that, given the vast body of evidence of the harm experienced by children in detention, we continue to see children detained. However, we are encouraged that the Government has committed to ending the detention of children...and we are keen to work with them to ensure that cases like this become a thing of the past".

Last month - after disappointing progress on its promise to end child detention immediately - the government announced that the unpopular practice of detaining children in immigration removal centres will end by May 2011.

C4 Dispatches tonight: The Kids Britain Doesn't Want

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Dispatches.JPGDon't forget to tune into tonight's Dispatches: The Kids Britain Doesn't Want, Channel 4, 8pm. It will shine the spotlight on asylum seeking children - particularly timely given the government's rather slow progress on its pledge to end child detention.

Here's the official blurb: Every year thousands of children come to Britain seeking refuge from persecution, terrorism and war. But many arrive to find this country is not the place of safety they expected. Instead they are met by a culture of disbelief and an asylum system that in some cases causes them profound psychological and physical harm.

Through the stories of a 10-year-old Iranian boy, a 16-year-old Afghan and a young Ugandan woman, Dispatches explores the experiences of young people brutalized by the British Asylum system. This is the story of the kids Britain doesn't want.

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