Vulnerable Children in a Hostile Environment: The Legal and Social Impacts of Covid-19 on Young Unaccompanied Asylum-Seekers in England
Lead Research Organisation:
University of Liverpool
Department Name: Sch of Law and Social Justice
Abstract
Pandemics affect all people, but they disproportionately impact those who are already multiply disadvantaged, physically, materially, legally, and mentally, such as unaccompanied asylum-seeking children and young people (defined legally as 'UASCs'). UASCs are multiply impacted by Covid-19: their fragile immigration status, overwhelmed health care systems, restricted access to welfare and education services, and the mental health effects of self-isolation all compound their vulnerabilities.
Above all, due to the suspension of asylum proceedings since March 2020 in the UK, access to legal advice, representation and associated support have been severely compromised. Asylum delays and information blockages exacerbated by Covid-19 make it especially difficult for UASC to evidence their claims, increasing their potential to 'age-out' of the special protections available to them as children and increasing the risks of exploitation and abuse. In addition to reduced access to legal justice, the broader social impacts of Covid-19 on UASC may be more acute and enduring than on any other group of children. The rules on social distancing compound their isolation, particularly since they are already separated from the family support and social networks that have been so crucial to other children. Social isolation and lockdown restrictions coupled with low levels of language ability and poor internet connectivity exacerbate difficulties in accessing support services, including mental health, education and legal advice.
Our research will be the first attempt to scrutinise how Covid-19 is affecting the asylum system, and specifically UASCs. Importantly, it will be informed by the lived experiences of UASCs from Albania and by accounts from immigration practitioners, social workers and civil society representatives working in the field. Young people from Albania form one of the largest groups of UASCs in the UK and are known to face particular difficulties in accessing legal and related support services compared to other UASCs. That said, the insights gained from this study will shed light on the challenges that Covid-19 presents for UASCs more widely.
In essence, the project will provide crucial evidence to assist legal practitioners and policy makers working in the area of asylum to plan long-term support for these children and deal with delays. In the process, the project evaluates the purchase of domestic and international law and guidance in supporting UASC claims for asylum, and how uncertainty, risk and rights relating to this group are being negotiated in the meantime.
Specifically, the study has four interlinked objectives relating to:
1. IMPACTS: To examine the impact of Covid-19 on the asylum system (evidence gathering and decision-making processes) and on the provision of legal advice and representation and associated welfare support for UASC;
2. RISK AND RESISTANCE: To explore the strategies adopted by front line practitioners (lawyers, judges, welfare professionals) and UASCs themselves to respond to the challenges and delays presented by Covid-19;
3. AGEING OUT: To systematically examine the extent to which Covid-19 has increasing UASCs potential to 'age out' of the special protections available to children, and the implications of that for the resolution of their claims;
4. LEGACIES: To identify longer term lessons, opportunities and threats arising from Covid-19 regarding the reception and disposal of UASCs, particularly in the face of seemingly inevitable impending austerity and immigration hostility.
The research will adopt an interdisciplinary (drawing on insights from law, public policy, psychology, sociology, children and youth studies, education and human rights) and a mixed-methods approach which builds on the applicants' leading work in this field, and harnesses their established network of contacts in legal practice, social work, civil society organisations and among UASCs themselv
Above all, due to the suspension of asylum proceedings since March 2020 in the UK, access to legal advice, representation and associated support have been severely compromised. Asylum delays and information blockages exacerbated by Covid-19 make it especially difficult for UASC to evidence their claims, increasing their potential to 'age-out' of the special protections available to them as children and increasing the risks of exploitation and abuse. In addition to reduced access to legal justice, the broader social impacts of Covid-19 on UASC may be more acute and enduring than on any other group of children. The rules on social distancing compound their isolation, particularly since they are already separated from the family support and social networks that have been so crucial to other children. Social isolation and lockdown restrictions coupled with low levels of language ability and poor internet connectivity exacerbate difficulties in accessing support services, including mental health, education and legal advice.
Our research will be the first attempt to scrutinise how Covid-19 is affecting the asylum system, and specifically UASCs. Importantly, it will be informed by the lived experiences of UASCs from Albania and by accounts from immigration practitioners, social workers and civil society representatives working in the field. Young people from Albania form one of the largest groups of UASCs in the UK and are known to face particular difficulties in accessing legal and related support services compared to other UASCs. That said, the insights gained from this study will shed light on the challenges that Covid-19 presents for UASCs more widely.
In essence, the project will provide crucial evidence to assist legal practitioners and policy makers working in the area of asylum to plan long-term support for these children and deal with delays. In the process, the project evaluates the purchase of domestic and international law and guidance in supporting UASC claims for asylum, and how uncertainty, risk and rights relating to this group are being negotiated in the meantime.
Specifically, the study has four interlinked objectives relating to:
1. IMPACTS: To examine the impact of Covid-19 on the asylum system (evidence gathering and decision-making processes) and on the provision of legal advice and representation and associated welfare support for UASC;
2. RISK AND RESISTANCE: To explore the strategies adopted by front line practitioners (lawyers, judges, welfare professionals) and UASCs themselves to respond to the challenges and delays presented by Covid-19;
3. AGEING OUT: To systematically examine the extent to which Covid-19 has increasing UASCs potential to 'age out' of the special protections available to children, and the implications of that for the resolution of their claims;
4. LEGACIES: To identify longer term lessons, opportunities and threats arising from Covid-19 regarding the reception and disposal of UASCs, particularly in the face of seemingly inevitable impending austerity and immigration hostility.
The research will adopt an interdisciplinary (drawing on insights from law, public policy, psychology, sociology, children and youth studies, education and human rights) and a mixed-methods approach which builds on the applicants' leading work in this field, and harnesses their established network of contacts in legal practice, social work, civil society organisations and among UASCs themselv
Publications
Shankley W
(2022)
Community ethnic density, ethnic segregation, and ethnic minorities' common mental disorders in the UK.
in Health & place
Shankley W
(2023)
What Does it Mean to Adopt a Trauma-Informed Approach to Research?: Reflections on a Participatory Project With Young People Seeking Asylum in the UK
in International Journal of Qualitative Methods
Shankley W
(2021)
Gender, modern slavery and labour exploitation: experiences of male Polish migrants in England
in Journal of Ethnic and Migration Studies
Shankley, W
(2022)
Age Assessment in the Context of Covid-19
Shankley, W.
(2023)
Developing trauma-informed research: Lessons from Covid-19
in International Journal of Qualitative Methods
| Title | Lives on Hold, Our Stories Told |
| Description | Research documentary and animations |
| Type Of Art | Film/Video/Animation |
| Year Produced | 2022 |
| Impact | raising public awareness of the plight of young asylum seekers, particularly during and in the aftermath of Covid; illustrating how to engage young people as peer researchers and co-creators of research outputs and policy recommendations |
| URL | https://livesonhold.org/ |
| Description | 1. Covid has significantly compounded delays in decision making Our initial interpretation of the young people's narratives reflected how the pandemic context intensified the delays in their asylum cases. These delays extended their feelings of precariousness related to their immigration status and uncertainty and had a known-on impact on other domains of their lives. Their failure to obtain refugee/protection status imbued other aspects of their daily lives and prevented some from accessing statutory services (e.g. those provided by social workers/housing providers). It also prevented them from accessing educational services and enrolling in post-16 college/ESOL courses. The delays were a product of the pandemic context and exacerbated existing delays endemic in the asylum system due to poor casework capacity and poor Home Office decision making. Our young person and practitioner work packages reflected how the lockdown restrictions caused delays in other domains. Many law firms and legal representatives, for example, described how moving online and adapting to the pandemic environment intensified delays but also prolonged the flow of communication between legal representatives and their clients. The young people also described how they previously communicated with their solicitor face-to-face or on the phone, but the move online meant they found it challenging to get through to their representatives. Their case delays and problems contacting their legal representatives restricted their agency.Many felt disempowered and lacked control of the situation. The delays also had a knock-on impact on their mental health and well-being. We found their mental health was further compounded by many mental health and therapeutic services closing their waiting lists for new clients during the pandemic. Therefore, when young people experienced mental health crisis they had no access to services. These factors intensified the young people's precariousness. Therefore, asylum delays both shaped young people's experience and was shaped by young people who require additional support during the pandemic context. 2. Trauma Our interviews made us acutely aware of the dual trauma the lockdown had on the young people and how their engagement with the research project had the potential to trigger and re-traumatise them. Firstly, many young people described how the lockdown restrictions, especially the stay-at-home restrictions, replicated some of the isolation they felt from their trauma (e.g. blood feuds, concealed living, conflict). Therefore, the government's requirement for all people to remain at home triggered many young people and re-traumatised them by returning them to their original trauma. We realised the very act of participating in research had the potential to trigger and re-traumatise the young people. Although many decided to participate to improve the asylum regime, they did not have research experience and, in many cases, were not aware of the potential it had to re-traumatise. All the Sphresa Programme peer researchers had open asylum claims, and therefore the very nature of the research rendered them exposed to trauma. Therefore, we invested in developing a trauma-informed approach to research by engaging and reflecting with the peer researchers on every stage of the research process. The process involved sensitive and sometimes difficult discussions, but it subsequently improved our resarch practice and ability to safeguard our peer researchers and implement processes which were flexible and robust enough to anticipate their lack of experience in research. Our engagement with the young people also sought to improve the research experience and shape it as a positive experience. This included offering them a range of workshops, research training days, a residential weekend in Wales, and an informal support network. We felt these meant their participation was a positive and therapeutic as it offered them some strategies to reframe their trauma and develop resilience. In sum, our preliminary research offered us insight into the re-traumatising impact the pandemic context had on UASC and how to embed trauma into our research practiceand make it a more positive experience for those participating. 3. Regionality and differences across the country (islands of good practice in a sea of poor and hostile practice) We found regional differences played a significant role across our empirical work packages and mainly emerged from our interviews with practitioners. We have not found the same regional differences among young people due to the composition of our research sample, which mainly targetted young Albanians living in London. Instead, we found clusters of good practice across different domains and differences between private/public-funded and civil society organisations. For example, concerning solicitors and legal representation, many described how cuts to legal aid funding and the complexity of Albanian cases meant that firms/solicitors were either unwilling to take on these cases or solicitors were inexperienced or could not adequately deal with UASC Albanian cases. For many firms, their funding frameworks also prevented them from taking on the cases. There was also variation among social work practitioners. Although some were asylum experts, we spoke to many social workers with limited experience of UASC needs and policy. Many of the social workers were unaware of the cultural sensitivities of UASC claims, and this was set against a backdrop of the National Transfer Scheme (NTS), which dispersed cases to local authorities with limited experience of UASC asylum. We again found so-called islands of good practice where organisations colocated practitioners under one roof to support their clients (e.g., the GMIAU). However, their dispersal to these suitable practice islands was serendipitous and down to luck. Finally, we have begun to investigate the specific regional differences for young people arriving in certain areas, such as Kent. We have found that the pandemic caused the Home Office to implement several regionally specific policies and practices in Kent and the Kent Intake Unit. Although the official narrative described these changes were implemented to cope with the increased arrivals into Kent, we found multiple cases where young people's rights were eroded (e.g., tendency to use short-form age assessments). Also, colocating social workers and home office staff resulted in practices such as ageing young people as over-18 under the assumption they could challenge the decision later. However, this failed to recognise that this would require young people to know how to lodge a legal challenge, the time frame, and a willingness of law firm to take on their case. This also fell outside of the legal aid framework and eroded young people's rights. 4. Right to work Young people's right to work was closely related to their sense of identity, mental health and wellbeing and as an active member of soceity. The young people's asylum claims left them with little to do in the day and in a state of precariousness/helplessness. Many felft a lack of belonging. Although, our research predominantly focused on their future intentions, their lack of right to work emerged as a salient framining of their future intentions. Many did not see a future because of precariousness and felt if they were allowed to work they would contribute to their stay in the country. Many discussed how restrictions on their right to work or gain a formal education (e.g. university) prevented them from seeing a future in the UK. It also eroded their sense of self and identity as work is crucial to young people's self-perception. Our practitioners also reflected how restrictions of the young people's right to work resulted in many getting frustrated or seeking resources and activities in other means, which put them at risk of exploitation or criminal activity. It also severely eroded their mental health and well-being. Finally, it also prevented them from accessing many places and domains in which they would typically foster informal networks, valuable at supporting them during precariousness |
| Exploitation Route | Too early to say but hoping the work on age assessment, delay, mental health and trauma informed approaches to research will influence practice and policy |
| Sectors | Education,Government, Democracy and Justice |
| Description | The findings have been reported in national media to respond to the public/political debates around small-boats arrivals, the specific perceptions of the Albanian community, and the new Illegal Immigration Bill. We have shone a light on the specific mental health vulnerabilities of young asylum seekers, and the legacies of Covid in terms of disrupted access to support and compounded mental health problems. We are now using the findings to inform strategic litigation and a campaign on the impacts of delays in decision-making on young asylum seekers' legal rights and wellbeing. |
| First Year Of Impact | 2023 |
| Sector | Government, Democracy and Justice |
| Impact Types | Societal,Policy & public services |
| Description | Contribution to Home Office plans to develop trauma-informed approach to the asylum process |
| Geographic Reach | National |
| Policy Influence Type | Participation in a guidance/advisory committee |
| Description | Contribution to evidence base underpinning Government proposals to introduce Scientific Age Assessments for unaccompanied asylum seekers |
| Geographic Reach | National |
| Policy Influence Type | Contribution to a national consultation/review |
| URL | https://post.parliament.uk/research-briefings/post-pn-0666/ |
| Title | Developing a trauma-informed approach to research |
| Description | We have explored how a trauma-informed approach can enhance standard ethical approaches to qualitative research involving vulnerable groups. |
| Type Of Material | Improvements to research infrastructure |
| Year Produced | 2023 |
| Provided To Others? | Yes |
| Impact | The article, entitled 'Developing trauma-informed research: Lessons from Covid-19' has been accepted for publication and is forthcoming in the International Journal of Qualitative Methods. |
| Description | Producing creative research outputs |
| Organisation | Positives Negatives |
| Country | United Kingdom |
| Sector | Charity/Non Profit |
| PI Contribution | We worked with Positive Negatives to transpose our research findings into a research documentary and animations. |
| Collaborator Contribution | They worked in collaboration with the research team to produce a high quality documentary and set of animations describing the main findings. Importantly, they engaged directly with a group of young peer researchers who are asylum seekers, skilling them up in different aspects of filming, direction and production. |
| Impact | Research documentary (shortlisted for the charity film awards in 2023 - awaiting the outcome) A set of research animations with young asylum seekers' voiceovers, detailing the findings of the project |
| Start Year | 2020 |
| Description | Shpresa Programme |
| Organisation | Shpresa Programme |
| Country | United Kingdom |
| Sector | Private |
| PI Contribution | Recruiting and training group of Shpresa peer researchers |
| Collaborator Contribution | Providing access to and support for young unaccompanied asylum seekers for development of empirical work. Providing ongoing advice on the project and access to their network of NGO, legal and policy contacts |
| Impact | Developed a strong collaborative team; peer research group; currently co-writing outputs; engaging with the media, practitioners and policy makers to maximise the impact of the research. |
| Start Year | 2020 |
| Description | Dissemination of creative outputs |
| Form Of Engagement Activity | Engagement focused website, blog or social media channel |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Policymakers/politicians |
| Results and Impact | We developed a website, documentary and animations to present the findings of the project |
| Year(s) Of Engagement Activity | 2022,2023 |
| URL | https://livesonhold.org/ |
| Description | Engagement with the Home Office on Trauma-Informed Approach to working with young Asylum seekers |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Policymakers/politicians |
| Results and Impact | We held a closed workshop with the Home Office team working with young asylum seekers to share our insights into what it means to adopt a trauma-informed approach to the asylum process |
| Year(s) Of Engagement Activity | 2023 |
| Description | Interview for national news |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | We organised a closed workshop with Guardian journalist, Amelia Gentleman, to discuss the public perception of and political/media debates regarding the Albanian community/small boat crossings. We invited her to speak directly to some of our Albanian asylum seekers and an Albanian charity to gain first hand insight into the complexity and vulnerabilities of this group and asked her to write a report on it to debunk some of the damaging narrative around this community. She subsequently printed an article on it: https://www.theguardian.com/uk-news/2023/mar/05/young-albanian-men-viciously-exploited-after-arriving-in-uk |
| Year(s) Of Engagement Activity | 2022,2023 |
| URL | https://www.theguardian.com/uk-news/2023/mar/05/young-albanian-men-viciously-exploited-after-arrivin... |
| Description | Who should take responsibility for the hundreds of unaccompanied children seeking asylum missing in the UK? |
| Form Of Engagement Activity | A press release, press conference or response to a media enquiry/interview |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Media (as a channel to the public) |
| Results and Impact | We produced a response to the media reports of children going missing from temporary asylum accommodation, based on the findings of the research. |
| Year(s) Of Engagement Activity | 2023 |
| URL | https://www.liverpool.ac.uk/law-and-social-justice/news/stories/title,1377895,en.php |
| Description | Young people seeking asylum have told their own stories about the pandemic's devastating effects on their lives |
| Form Of Engagement Activity | A broadcast e.g. TV/radio/film/podcast (other than news/press) |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | We worked with one of our young asylum seeker peer researchers to produce a piece for Open Democracy, describing the impacts of the pandemic on her life. |
| Year(s) Of Engagement Activity | 2022 |
| URL | https://www.opendemocracy.net/en/coronavirus-asylum-seekers-stranded-documentary-film/ |