Children and Equalities Charities call for a Guardianship service for every Unaccompanied Child in Wales Contact photo

The Bevan Foundation, The Children’s Society, Children’s Legal Centre Wales, and the British Red Cross are calling for the Welsh Government to establish an independent national Guardianship Service to protect every Unaccompanied Child in Wales.

Today they have launched A Guardianship Service for All Unaccompanied Children in Wales, a research briefing which identifies gaps in support for Unaccompanied Children, including barriers to receiving essential services, accessing justice and engaging with the process of seeking asylum.

The briefing identifies the key characteristics of an effective Guardianship Service for Unaccompanied Children, including the key benefits that Guardians would offer. These include advocating for children and promoting their best interests, identifying when children are at risk of exploitation, and improving children’s legal and educational outcomes. The authors say that this service is long overdue, and that it would reduce the workloads and service costs of other professionals, such as social workers.

Unaccompanied Children are children who have been separated from their parents and are not cared for by an adult with legal responsibility. The report highlights that Unaccompanied Children are some of the most vulnerable members of our society. They need to go through a complex process of seeking asylum, often while experiencing trauma and upheaval.

Any child, say the authors, should be able to enjoy all of their rights set out in the United Nations Convention on the Rights of the Child, which is enshrined in Welsh law. This includes children seeking asylum, who should be accorded the same protection as any other child who is left permanently or temporarily without their family.

Research for the briefing found that less than half of Unaccompanied Children in care in Wales receive support to engage with the process of seeking asylum. In 38% of local authority areas in Wales, social workers are the only professionals helping Unaccompanied Children to find legal advice and representation.

The call for a Guardianship Service for all Unaccompanied Children has been made over many years and is supported by respected bodies within Wales and internationally, including in recommendations from the UN Committee on the Rights of the Child. In 2023, a report commissioned by the Welsh Government on immigration advice services in Wales recommended that a Guardianship Service for Unaccompanied Children is needed. The Welsh Government committed to piloting the service in its Nation of Sanctuary Plan in 2019, but has never done so.

Tom Davies, Senior Policy Officer for Wales at The Children’s Society, explained why all Unaccompanied Children need an independent Guardian on a statutory basis:

“When an Unaccompanied Child arrives in Wales, they have gone through unimaginable hardship and are often traumatised. They need to engage with various services, as well as find their way through a complicated asylum process. Guardians would serve as a consistent point of contact and trust for children and would provide a vital independent source of protection and advocacy to supplement and support the work of local authorities.”

The briefing recommends that all Guardians for Unaccompanied Children should have a firm grounding in immigration law. The Bevan Foundation’s Access to Justice Lead, Isata Kanneh explained why:

“Evidence from Scotland shows that legally qualified Guardians improve outcomes for refugee children. The legal aid system in the UK is on the point of collapse, and in Wales Unaccompanied Children can struggle to find a solicitor. Guardians who understand the law can support children to get better representation, liaise with solicitors, and guide children through the asylum process, ensuring that they can exercise their legal rights.”

Dr Rhian Croke, Child Rights Strategic Litigation and Policy Advocacy Lead, Children’s Legal Centre Wales, said:

“The UN Committee on the Rights of the Child in May 2023, during their examination of the UK’s children’s rights record, asked why Unaccompanied Children do not have access to a Guardianship Service in England and Wales. They again recommended that one is established with urgency on a statutory basis. Given Wales is both a children’s rights respecting nation and a nation of sanctuary, it seems strange that it has taken so long to establish this vital service to protect the rights of such vulnerable children.”

Guardianship Service in Wales – A joint research briefing 2024

CYMREAG – Guardianship Service in Wales – A joint research briefing 2024