Returning or placing children overseas – Issues and solutions

1. Returning or placing children overseas – Issues and solutions Children and Families Across Borders (CFAB) Andy Elvin CEO Formerly known as International Social Service of the UK (ISS UK)

2. Aims of Presentation • Overview of CFAB’s work Focus on: • Cross Border child protection issues • Issues with Placing Children Overseas • Potential Joint Court Pilot in UK

3. Where we work Over 120 countries

4. What We Can Do?

5. Section One: Child Protection • Duty to pass on information to competent body overseas if family flee or move in a planned way. • Vital to gather information from overseas. • CFAB can obtain information from overseas and pass on child protection concerns to overseas authorities. Examples of Cross Border Child Protection Issues: • Child abuse linked to a belief in spirit possession • Staged fake births or miracle babies • Trafficking • FGM • UASC

6. Child Protection (2) • The number referral to CFAB of families fleeing social services has increased 600% in 2013 (20 cases 2012 119 cases 2013) • Most common destinations are Poland, Lithuania & Spain Good Practice • Ensure you have contact details of family overseas • If child on plan of protection agree that child’s passport held by LA • Remember child may have UK and/or other passport • Discuss issue with family so they are aware you are monitoring

7. Child Trafficking: Current Estimates Numbers of children identified are much lower than actual estimates as so few frontline professionals have heard of the NRM. • 2010 -186 children identified as trafficked • 2011 - 234 children identified as trafficked • 2012 - 372 children identified as trafficked Key Countries outside EU in 2012: • Vietnam 72 children • Nigeria 67 Children • Albania 25 children • In EU Romania, Czech Republic, Lithuania and Bulgaria key countries • Source – UK Human Trafficking Centre (UKHTC) 2013

8. Private Fostering • 10,000 children from overseas may be privately fostered in the U.K. They are living with a carer who has no parental responsibility for them. • Notification does not work • Ubiquitous “Aunt” • Hidden in plain view • No visa tracking • Issues of status at 18

9. Placing children overseas • In 2011 3 out of every 5 children born in London had at least 1 parent from overseas. Vital social workers obtain details of family overseas • An increasing number of children looked after have relatives overseas, at least 4000 and possibly up to 10,000. • All children have right to family overseas so all overseas relatives must be given proper consideration. Parents Solicitors must help to contact extended family.

10. Issues in Placing overseas • Evidence gathering – availability of social work staff • Differing social work assessment practice worldwide. • Increased use of video link/Skype for witnesses. • Brussels II & Hague 1996 – limitations & benefits • Ongoing risk to child

11. Practical placement issues • Visa issues – US v. Australian model. • Availability of UK entry visas to relatives in some cases. • Mirror orders and gaining orders once child placed. • Follow up visits.

12. Joint Court Proposal • Issue is what is most effective Best Interests Determination process? • Joint Court will bring together family and immigration court • Child will be subject to this once identified • Within 6 months BID made and child will return to family/alternate care or stay in UK with Indefinite Leave to Remain

13. Joint Court Proposal 2 Issues are: • Governments nervous of effect on immigration numbers • Availability of robust assessments in some countries • Cannot be used if ongoing conflict in country of origin Opportunities • Will resolve immigration issue early so child’s future can be planed with confidence • Will resolve issues of legal parental responsibility early

14. Conclusion • Child must be at heart of BID process • Child welfare, not immigration, is key determinant • www.cfab.org.uk • Thank you!