On a national level, activities outlined under commitments in the 2009 Joint Protocol on Missing Children283 and the Implementation Plan from the Report of
the Commission to Inquire into Child Abuse, 2009284 continued during 2012.
Some 23 unaccompanied minors applied for asylum in Ireland during 2012.285 A
total of 68 referrals to the Dublin-based Team for Separated Children Seeking Asylum took place during the year.286
6.1.1 Administrative, Legislative and Operational Developments
During 2012 a National Office for Unaccompanied Minors was established within the Office of the National Director for Children and Family Services. The role of the Office is to develop national strategy policy and practice in relation to social work services for unaccompanied minors. It is envisioned that the office will also collect national data on minors.
Updated care arrangements for unaccompanied minors continued to apply during 2012, with no significant change to practices and clinical service delivery taking place. 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.287 An ‘equity of care’ principle for unaccompanied
283 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%ADochana_ 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.
284 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’.
285 Department of Justice and Equality (April 2013).
286 Social Work Team for Separated Children Seeking Asylum.
287 The Irish Times (10 January 2011). ‘Number of missing children falls as new policies adopted’. Available at www.irishtimes.com.
minors is in place.288 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 residential units where unaccompanied minors remain for a period of three to six months after referral and one medium-to-longer term residential unit for cases of special need. 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 Social Work Team for Separated Children Seeking Asylum 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. In addition, this Team continues to provide technical support, and to facilitate information sharing, with other social work teams throughout Ireland. In the case of ‘aged-out’ minors over the age of 18, all are now allocated a leaving and after-care worker.
Ireland continued to attend the EU-level Expert Group on Unaccompanied Minors in the Migration Process and in March 2012 attended the second Expert Group meeting on ‘Family Tracing’.
During 2012, officials of the Office of the Refugee Applications Commissioner (ORAC) attended a number of meetings organised by the EASO on age assessment for unaccompanied minors, organised within the framework of the
European Commission Action Plan on Unaccompanied Minors (2010-2014) and
the EASO 2012 work programme, and in order to develop EU best practice in the area.
6.1.2 Research
A Children’s Rights Alliance report published in September 2012 looked at care provisions for separated children in Ireland.289 Based on 16 interviews with key
stakeholders, the ‘Safe Care for Trafficked Children in Ireland: Developing a Protective Environment’ report outlined the supports and legal protection available to (suspected) child trafficking victims and makes a number of policy recommendations.
The report called for the development of national protocols regarding the clear identification of responsibilities of State agencies regarding the tracking of unaccompanied minors seeking asylum within the care and overall asylum process. The development of the role of guardians for both unaccompanied and trafficked children was highlighted, and the change in care arrangements for all unaccompanied minors was welcomed. The report noted the required enactment
288 The termed ‘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’.
289 Children’s Rights Alliance (2012). Safe Care for Trafficked Children in Ireland: Developing a Protective Environment. Available at www.childrensrights.ie. See Section 6.1.2 for further discussion on the report’s findings with regard to overall care for separated children.
of legislation to bring care providers for unaccompanied and trafficked minors under the inspection and monitoring remit of the Health Information and Quality Authority (HIQA). It also noted that a lack of social work follow up of reunified minors ‘can place separated migrant children at risk of trafficking and exploitation’. The report stated that it had found a ‘lack of clarity’ on the transfer of responsibility from the Dublin-based Social Work Team for Separated Children Seeking Asylum to social workers in HSE local offices, and that communication of the process between the HSE areas, local social work teams and private fostering agencies ‘requires attention’. The 2012 report also noted that in some instances, unaccompanied minors residing outside Dublin had a social worker in Dublin. Regarding family reunification, the HSE practice of conducting DNA testing in all such cases was noted, however the report highlighted the importance of recognising that ‘close blood ties are not the only key characteristic of kinship connections’. The follow up of all family reunification cases was described as ‘crucial’ and it was noted that a lack of follow up could place minors at ‘risk of trafficking and exploitation’. The report calls for a legislative change to provide for extended aftercare for all minors in care with particular reference to unaccompanied minors. It notes that there is an ‘inequity of care’ with regard to the aftercare system for unaccompanied minors turning 18, with minors transferred to the Direct Provision system rather than in the case of Irish children who are permitted to ‘remain with their foster families, are supported in private rented accommodation and continue to receive education and financial support from state agencies’.