8.1 DEVELOPMENTS WITHIN THE NATIONAL PERSPECTIVE
8.1.1 Unaccompanied Minors
On a national level, activities outlined under commitments in the 2009 Joint Protocol on Missing Children309 and the Implementation Plan from the Report of
the Commission to Inquire into Child Abuse, 2009310 continued during 2011. Some 26 unaccompanied minors applied for asylum in Ireland during 2011.311 A total of 99 referrals to the Dublin-based Team for Separated Children Seeking Asylum took place during the year, with 31 minors subsequently reunited with caregivers and 42 accommodated in residential units.312
8.1.1.1
Changes to Care Arrangements
In January 2011, the Health Service Executive (HSE) confirmed that all unaccompanied minors were now cared for in either foster placements or residential units following the closure of hostel accommodation on 31 December 2010. The HSE also stated that it aims to provide a dedicated social worker for each unaccompanied minor.313 An ‘equity of care’ principle for unaccompanied minors is in place.314 The Dublin-based Team for Separated Children Seeking Asylum now acts primarily as an intake and assessment service for all unaccompanied minors, with three shorter-term and one medium-to- longer term residential units in use where unaccompanied minors remain for a
309 Health Service Executive (2009). An Garda Síochána and Health Service Executive Joint Protocol on Missing Children. Available at http://www.hse.ie/eng/services/news/2009_Archive/April_2009/An_Garda_S%C3%A Dochana_and_Health_Service_Executive%C2%A0_%C2%A0JOINT_PROTOCOL_ON_MISSING_CHILDREN.html. The Protocol sets out the roles and responsibilities of both agencies in relation to children missing from State care, including unaccompanied minors. The Protocol outlines arrangements for addressing issues relating to children in State care who go missing, and sets out the actions to be taken by both organisations when a missing child in care report is made to An Garda Síochána.
310 Office of the Minister for Children (2009). Implementation Plan from the Report of the Commission to Inquire into Child Abuse, 2009. Available at http://www.omc.gov.ie/documents/publications/Implementation_ Plan_from_Ryan_Commission_Report.pdf. The Plan contains a review of the number of, and care provisions for, unaccompanied minors. A commitment is made to allocate a social worker to unaccompanied minors in care, and for them to be placed in ‘accommodation suitable for their needs and inspected like any other children’s hostels’ 311 Department of Justice and Equality.
312 Social Work Team for Separated Children Seeking Asylum.
313 The Irish Times (10 January 2011). ‘Number of missing children falls as new policies adopted’. Available at www.irishtimes.com.
314 The ‘equity of care’ policy contained within the Implementation Plan from the Report of the Commission to Inquire into Child Abuse, 2009 sought to end the use of separate hostels for unaccompanied minors and to accommodate them ‘on a par with other children in the care system by December 2010’.
Implementation of EU Legislation | 95 period of three to six months after referral. A national policy regarding transfers
of unaccompanied minors is in place and since early 2011, ‘quality matching’ with foster families on a national basis has taken place. The Team for Separated Children identifies, secures and funds the foster placement for the duration of the young person’s time in care and undertakes additional monitoring of placements to ensure the placement is still viable.
Prior to turning 18 years, all unaccompanied minors are allocated a leaving and after care worker. After turning 18 years, the HSE continues to offer a limited service on an as needed / as requested basis.
In a seminar paper addressing the position of unaccompanied minors in foster care placements, Barnardos reiterated a number of issues of concern, including a lack of information regarding outcomes of unaccompanied minors within the care system and an evaluation of such; a more child-centred approach towards age assessment where it is not conducted by an immigration officer or member of An Garda Síochána; and the position of transfer of ‘aged-out’ minors to adult direct provision centres upon turning 18 years.315
8.1.1.2
Unaccompanied Minors Missing from Care
In January 2012 a newspaper article stated that three unaccompanied minors under HSE care who went missing during 2011 had not been traced. It stated that a spokesperson for the HSE had noted a pattern in recent years of children missing from care being of Chinese nationality, with increases in the ‘Christmas season’ and that there was
substantial operational experience to indicate that some of these individuals may be adults who have disappeared before their true age could be assessed.
The article also outlines indicators which might contribute to such disappearances as outlined by the Department of Children and including cases where a minor may be nearing 18 whose asylum claim has been refused, and is ‘reacting to the pending threat of deportation’; the person has entered Ireland consensually to work and is using the ‘child protection service as a fast-track into the State’; and where traffickers may be placing a minor in care ‘as an easy route’.316 The Joint Protocol on Missing Children317 (see Annual Policy Report
2010 for further discussion) continued in operation during 2011.
In a 2011 analysis on the topic, Barnardos noted that a ‘separated child who goes missing from care is unlikely to be found’. It noted that there had been a
315 Barnardos (September 2011). Separated Children in Foster Care. Seminar Paper. Available at www.barnardos.ie. 316 The Irish Times (3 January 2012). ‘Unescorted minors in care of HSE still missing’. Available at
www.irishtimes.com.
317 Health Service Executive (2009). An Garda Síochána and Health Service Executive Joint Protocol on Missing Children. Available at www.hse.ie. The Protocol sets out the roles and responsibilities of both agencies in relation to children missing from State care, including unaccompanied minors, and sets out the actions to be taken by both organisations when a missing child in care report is made to An Garda Síochána.
‘lack of child centred approach’ in dealing with unaccompanied minors which ‘impacted negatively on the quality of care given to separated children in the State’. In addition, it noted that ‘only a fraction’ of missing unaccompanied minors who are missing are listed on the missing person’s website run by An Garda Síochána.318
8.2 DEVELOPMENTS FROM THE EU PERSPECTIVE
None to report.
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