People arriving from Ukraine - risk and need: public protection guidance

Unaccompanied children and young people

A particularly vulnerable group are children arriving, or staying in the UK, with adults who are not their parent or legal guardian, or without any adults who are able to support their day-to-day care. Scotland is committed to ensuring that all children travelling unaccompanied continue to be cared for by familiar adults, where it is safe to do so. It is essential that children travelling with adults who are not their parents or legal guardians are identified early so that early oversight and assessment, and ongoing monitoring of arrangements occurs.

When references are made to ‘unaccompanied children’, the 1995 Act refers to a ‘Child’ as any person under age 18.  ‘Unaccompanied’ refers to the absence of a parent or legal guardian who has the legal parental rights and responsibilities in respect of a child. An ‘unaccompanied child’ may therefore be travelling with an adult who is known to them, such as a relative, extended family member or family friend; they may also be travelling alongside an adult who has provided support and care for them during displacement but has no pre-war connection; or they may arrive entirely alone.

The extension to the Homes for Ukraine scheme for eligible children allows some children and young people to apply to the UK without their parent or legal guardian. Further information is provided below in the Unaccompanied children – Ukraine Sponsorship Scheme – extension for eligible children section. Children from Ukraine may, however, be identified as being unaccompanied while they are in Scotland, through a number of other circumstances; further information is provided below in the Children alone in Scotland outside of the extension for eligible children section.

Guidance describing the responsibilities and expectations for those involved in the care and, support, and protection of children can be found in the National Guidance for Child Protection in Scotland 2021 – updated 2023.

Unaccompanied children - Ukraine Sponsorship Scheme - extension for eligible children 

The extension to the Ukraine Sponsorship Scheme permits entry to the UK for some children and young people who are not travelling with, or joining, their parent or legal guardian.

The spirit of this route is based upon pre-existing, pre-war, private family arrangements and requires all safeguarding checks and assessment to be undertaken prior to any visa or permission to travel being issued.

The immigration rules for this route are at the discretion of the UK Government and may be subject to change. For applications made prior to 15:00 on 19 February 2024, children and young people arriving under this scheme will be able to live in the UK for up to three years. For applications received after 15:00 on 19 February 2024, the length of stay is up to 18 months. They will have access to education, healthcare, benefits, employment (as appropriate under UK law) and other support.

Should the scheme be un-paused, the Scottish Super Sponsor Scheme will not be available to new applications through the unaccompanied minor route because of the requirement for a pre-existing relationship between the host and guest within the scheme eligibility criteria.

The application process

The process for new applications requires the prospective host to first undergo safeguarding checks before an eligible child can begin their visa application. Prospective hosts of eligible children can start their applications via an online service. This enables local authorities to begin their safeguarding checks. The visa application process is open to new applications from eligible children; the host must have received their ‘child sponsorship approval number’ before the child can complete the sponsor’s section of their visa application.

Full guidance can be found on the UK Government website Ukraine Sponsorship scheme guidance, and should be read in conjunction with the chapters on Disclosure Checks and Home Checks in this guide.

Scottish local authorities have access to Foundry for processing new unaccompanied children applications.  For further information and guidance, please email UkraineSafeguarding@gov.scot.

For applications submitted prior to 15:00 on 19 February 2024, sponsors must have agreed to sponsor the child for the whole three years of their permission to stay in the UK or until they turn 18. If the child is 17 and a half or older, there must be a sponsorship commitment for at least six months (in line with the requirements of sponsors hosting adults under the wider Homes for Ukraine Scheme). If the child will turn 18 during their three year stay in the UK, the sponsor should discuss with the parent or legal guardian to inform them if they will be able to continue hosting the child after they turn 18. 

For applications submitted after 15:00 on 19 February 2024, the sponsor must have agreed to host the child for the full 18 months of their permission to stay in the UK, or until they turn 18 and have been hosted for at least six months, whichever is sooner. The sponsor can continue to host them, or if the arrangement comes to an end, they will be expected to support them with their transition to adult life.

The assessment

Scottish local authorities must complete checks for the unaccompanied minors scheme in line with the current Disclosure Checks and Home Checks and the Private fostering in Scotland guidance. This includes:

• Disclosure Scotland PVG check for the private foster carer and Enhanced Disclosure check for persons over the age of 16 living in the same household as the foster carer
• a check of local authority systems on prospective hosts and household members
• property visit
• GP health check

The unaccompanied minors visa scheme is underpinned by the Foster Children (Private Fostering) (Scotland) Regulations 1985.  

The notarised parental consent form must be certified by the local authorities in Ukraine, another country in which the child is living, or by the Ukrainian Consulate. This document should therefore be considered as the ‘home’ local authority check. 

Where local authorities consider they require further information about a child’s home circumstances they may contact the Ukrainian authorities using the Scottish Government Central Authority. The email address for the Scottish Government Central Authority is: childabduction@gov.scot. 

References within the Foster Children (Private Fostering) (Scotland) Regulations 1985 to UKBA checks for foreign nationals should be read as the checks which will be undertaken by UKVI.

The host, having directly connected and applied with the parent or guardian, is the responsible person in the UK and therefore should be assessed as a private foster carer in line with the Private fostering in Scotland guidance. This includes circumstances where a known adult, including where the accompanying adult has responsibility for the child’s or young person’s day-to-day care, accompanies the child; the day to day caring responsibilities will be indicated in section 2 of the UK Sponsorship arrangement consent form. 

In instances where the child or young person is accompanied by a relative it is important that local authorities discuss the situation fully with the host. The arrangement should be considered within the initial host assessment and reviewed in subsequent visits to understand how well it is working and any support required. 

The private fostering framework only applies to children up to 16 (or 18 for children with a disability), and where the child is not being accommodated by a parent, legal guardian (or other person with parental responsibility), or a relative (as defined in the Foster Children (Scotland) Act 1984). However, given the additional vulnerability of this group of children and young people, local authorities are asked to carry out these assessments for all children arriving in Scotland under this expanded scheme. These duties align with the GIRFEC framework and highlight the importance of creating and maintaining records, including a child’s plan. 

Local authorities are asked to make a decision about the suitability of the arrangement and where they agree to accept it, they are agreeing to provide alternative care for the child or young person in the event the arrangement ends.

Where the local authority assessment is that the arrangement is not suitable they may decline to accept it. In both circumstances the local authority is providing their decision about the suitability of the arrangement to the UK Government. 

Registered social workers must undertake suitability assessments in relation to applications under this route.

Contingency plans should be discussed with the parent/legal guardian and host when planning the application. Local authorities should discuss these during host suitability assessments and consider how robust these are, offering advice and guidance to hosts and parent/guardian where they deem this is necessary. Next of kin details are included in the UK Sponsorship Arrangement Consent Form. 

The local authority should work through the confirmation form with hosts and ask them to sign to demonstrate their understanding of their role and responsibility for the child. The confirmation form for hosts makes clear that the local authority should be informed of any changes of circumstance.

Safe travel

Whilst the basis for this route is a private arrangement made by, and with the consent of, a parent or legal guardian, local authority oversight of the sponsorship arrangement is required in line with private fostering duties.

Local authority representatives should meet the child or young person to confirm their safe arrival within 24 hours of them arriving into the UK.

Where confirmation occurs outside business hours or over a weekend local authorities should use existing procedures (for example by ensuring the Host has access to contact details for the out of hours or duty social work service). 

Supporting post-arrival and ongoing checks 

The capacity of hosts to meet their young guest’s needs will become clearer following their arrival and as the relationships and dynamics in the household develop. This means that each arrangement will require differing forms and levels of support, guidance and advice.

Private Fostering regulations indicate that a minimum frequency of visits is undertaken by the local authority. For the purposes of this route, local authorities should visit the child or young person within their caregiving arrangement on a six-weekly basis within the first year; and three monthly in subsequent years.

The Scottish Government have provided funding to Aberlour Child Care Trust, to deliver their Ukrainian Children and Host Family Service. The service now sits under Aberlour’s Independent Child Trafficking Guardianship Service (Guardianship Scotland) and can provide information, guidance, and support for unaccompanied children and young people, accompanying adults (where applicable), and their hosts. For local authorities who wish to make a referral please contact ukrainehostfamily@aberlour.org.uk. For more information, please see Aberlour’s website.

Ending arrangements 

When carrying out the host suitability assessment, the importance of informing the local authority immediately of any significant change to the child or young person’s arrangements - whether planned or unplanned - should be emphasised.

The UK Guidance suggests that parents should notify sponsors in the event they wish the arrangement to cease, and relies upon the sponsor informing the local authority.

In all circumstances, local authorities should always follow their local processes to ensure that children’s needs are met. 

Devolved arrangements

Education, health and housing are devolved matters and therefore references within the UK guidance to these matters are addressed specifically within Scottish Government guidance for local authorities. This guidance also sets out the position in Scotland for welfare benefits, including those delivered by Social Security Scotland.

Funding

Details of funding are given within the UK guidance and apply equally to Scottish local authorities.

Children alone in Scotland outside of the extension for eligible children

Children and young people may also become alone, or be identified as being unaccompanied, throughout their stay in Scotland, having travelled to Scotland via an alternative visa scheme. It is vital that robust processes continue to ensure these vulnerable children are identified and, where necessary, suitable accommodation and welfare provision is provided.

There are a variety of circumstances which may have led to a child or young person being in Scotland without their parent or legal guardian. Though the circumstances in which they become unaccompanied may vary, the response from local authorities should remain the same.

Some children and young people who are unaccompanied may already be in Scotland. They may have arrived prior to the unaccompanied minors route being established; they may have arrived without their parent/guardian, with another adult instead; they may have arrived with their parent, who has subsequently had to leave the UK; or they may have arrived into the UK and be being met by their parent while in-country. Where local authority Resettlement teams become aware of any child in these circumstances, an immediate referral should be made to their social work team for an assessment.

If a child or young person is identified as being in the UK without their parent or legal guardian, while they are in-country, they should be retrospectively assessed as being ‘unaccompanied’ per the UK Government’s guidance: Homes for Ukraine: Guidance for councils (children and minors applying without parents or legal guardians) - GOV.UK (www.gov.uk). If you identify an unaccompanied child or young person please email the Ukraine Safeguarding Unit (Ukrainesafeguarding@gov.scot).

Children in Scotland without their parent or legal guardian should never be transported via normal hub arrangements or be offered welcome accommodation. Movement of the child or young person beyond their arrival point should only occur with the oversight and full support of the local social work office.

In circumstances where an unaccompanied young person is identified in-country, local authority assessments should consider the relationship between any accompanying adult and the child, and whether supporting the care arrangement is appropriate and safe to continue. There is the very real risk, that in a minority of cases, the person offering this care is not well intended and the child is at risk of significant harm.

It is essential that the child is given an opportunity to speak privately with the assessing social worker, who will explore with them their understanding, feelings, and any safety concerns regarding the proposed care arrangement.  Assessments should also consider the impact of separation and the wishes of the child and adult caregiver regarding continuation of the care arrangement.

Children placed in the care of others

Parents/legal guardians are strongly advised to avoid leaving the UK without their child/children, however, we are aware that there is an increasing number of young people who remain in Scotland while their parent returns to Ukraine (or another country).

While full additional safeguarding checks are not required on the host or accompanying adult where a parent or legal guardian intends to be away from their child for less than 28 days. It is good practice to have the parent/legal guardian complete the parental consent form and provide details of next of kin.

Hosted accommodation

The requirements of hosts under the unaccompanied minor scheme are different and more significant than the role of sponsors of adults of families on the wider Ukraine Sponsorship scheme [information on the role of sponsors can be found at Guidance for Sponsors - Children and Minors applying without parent or legal guardians ].

Welcome accommodation or private accommodation

Due to the number of people displaced from Ukraine currently staying in short-term accommodation, an increasing number of parents/legal guardians are seeking to leave their child/ren in the care of another displaced person within welcome accommodation.

As well as children being left in the care of other displaced people within the welcome accommodation, there is an increasing trend of older young people being left in welcome accommodation, or in private rented accommodation without an identified responsible adult.

As with children who are being left with private hosts, local authorities are required to ensure that additional safeguarding checks in line with the unaccompanied minor scheme are carried out in full.

Notifications of formal accommodation

Where local authorities consider that it is in the child or young person’s best interest to take measures to protect their welfare and provide accommodation for the child, as set out in the accompanied children section, this is likely to be under section 25 of the Children (Scotland) Act 1995. 

Where any child or young person arriving in Scotland under any of the Ukraine sponsorship schemes becomes looked after, the local authority should make direct notification to the Ukraine Consul in Edinburgh. Notification should be sent to: gc_gbe@mfa.gov.ua and copied to the Scottish Government at UkraineChildrenLookedAfter@gov.scot. A completed Screening form for unaccompanied children should be included in the email.

Scottish Ministers have provided assurances to Ukraine that international conventions in respect of their displaced children and young people will be upheld. This means that in the event children and young people require alternative care, notification will be made to the Consulate and adoption will not be progressed. This was communicated to all local authorities in a letter from the then Minister for Children and Young People, Ms Haughey, of 30 March 2022. 

Further information that may be helpful to local authorities, and partners, discharging safeguarding duties relating to children who have moved across borders is available in the National Guidance for Child Protection in Scotland, 2021 – Updated 2023[BP3] ; specifically, paragraphs 4.316 and 4.317 within the section on ‘Children and young people who are missing’.