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

Unaccompanied children and young people

Children alone in Scotland outside of the extension for eligible children

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. This route requires formal parental/guardian consent and completion of assessment and checks prior to travel. Children and young people arriving through this route are considered to be living in a private fostering arrangement. Further information is provided below in unaccompanied children and young people - Ukraine Sponsorship Scheme - extension for eligible children.  Children from Ukraine may, however, be identified as being unaccompanied in Scotland through a number of other circumstances, including having travelled with their parent, who has subsequently returned to Ukraine; or having travelled with someone who is not their parent/legal guardian. Regardless of how these children and young people are alone in Scotland, the processes which local authorities should follow are the same. Further information is provided below in Children alone in Scotland outside of the extension for eligible children

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.

This guidance sets out how the Scottish Government, in partnership with COSLA, expects this scheme to operate in Scotland. It should be read in conjunction with the latest version of the Ukraine Sponsorship scheme guidance on the UK Government website and the chapters on Disclosure Checks and Home Checks in this guide.

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 unaccompanied minor 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.

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

Approving sponsors in Scotland: assessing needs

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.

Host checks

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.  

In the current circumstances of armed conflict in Ukraine, and as the UK Government have developed the route in discussion with Ukraine officials, the notarised parental consent forms, UKVI checks, and information provided in the sponsorship form is greater than might usually be available. 

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. 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. 

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. 

The UK guidance for this route, specifically the section Approving sponsors, also sets out the requirement for a suitability assessment. 

Host suitability assessment

For all hosts, the information contained in the Sponsor suitability assessment section in the UK Guidance provides context to some of the complexities to be considered. 

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.

Where children are accompanied by a relative or known adult who plan to live with them within a host household the suitability assessment must still be carried out for the host in line with the Private fostering in Scotland guidance. The assessment should take into consideration the parent’s wishes for the day-to-day care of the child in these circumstances. This will be indicated in section 2 of the UK Sponsorship arrangement consent form.

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.

The UK guidance suggests a framework for safe travel. It is recommended that Scottish local authorities consider the arrangements being proposed for the child’s travel to Scotland as part of their host suitability assessment in order to offer advice and guidance to hosts and parent or guardian so that they can arrange safe passage for their children and young people.

Children and young people must be immediately met and supported to their onward destination by their host and, where the local authority considers this appropriate, their representative.

Where local authority representatives do not attend to meet the child or young person confirmation of their safe arrival should be made by the host to the local authority. This confirmation must take place within 24 hours.

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). Local authority representatives should visit the child or young person and their host in the home within 24 hours of being notified.

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.

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

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.

Ending arrangements 

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.

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. Social workers will also wish to assess the strength of contingency arrangements proposed by parent/guardian in the event of a child or young person’s arrangement ending.

Ending sponsorship arrangements provides further information on how to respond in circumstances, including when the child or young person is: 

• moving outside of the UK; 
• moving to a new hosting arrangement; 
• joined by their parent/legal guardian; 
• having reached 18, wishes to live independently. 

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

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 this (or any other) route becomes looked after, the local authority should make direct notification to the Ukraine Consul General 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; specifically, paragraphs 4.316 and 4.317 within the section on ‘Children and young people who are missing’.

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

Children and young people may also become alone throughout their stay in Scotland (for instance, if their parent returns to Ukraine), 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.

Children arriving in Scotland without their parent or legal guardian

It is possible that a child travelling alone either has an adult coming to collect them or plans to wait for an adult to meet them in Scotland. In such cases the support remains with the local social work office, who will ensure the child is cared for whilst they await the arrival of their parent or legal guardian.  Local authorities should undertake an assessment of the care-giving arrangement before allowing the child to travel with the adult. The unaccompanied child screening form helps to ensure all relevant details are captured for the purpose of assessment in these circumstances and has been compiled to support practitioners with this initial assessment.

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. If you identify an unaccompanied child or young person please email the Ukraine Safeguarding Unit (Ukrainesafeguarding@gov.scot).

Children from Ukraine without their parent or guardian, who do not arrive through the Ukraine Sponsorship scheme extension should be assessed retrospectively as unaccompanied children. Should local authority social work teams deem the proposed arrangements unsuitable following assessment, then they will become looked after children, subject to section 25 of the 1995 Act.  Local authorities will therefore have responsibilities to safeguard and promote the welfare of these children, as further specified in section 17 of the 1995 Act.

In these circumstances 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. Without background checks this will require the skills and professional judgement of experienced children and families social workers. 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. They will require continued review and ongoing support. 

The unaccompanied child screening form (under supporting documents) helps to ensure all relevant details are captured for the purpose of assessing an adult travelling separately to a child and intending to provide care has been compiled to support practitioners with this initial assessment.

If the child has an accepted proof of age (i.e. a passport, Ukrainian identity card or UK Government issued visa) then an age assessment will not be required. However in certain circumstances age assessment may need to be conducted (i.e. the child has arrived via an irregular immigration route). In such instances the Scottish Government’s Age Assessment: Practical Guidance must be followed.

Children already in Scotland without thier parent or legal guardian

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, or they may have arrived without their parent/guardian, with another adult instead. 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.

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).

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 ].

As well as taking on a greater level of responsibility, hosts of children under 18 who are not with their parent(s) or legal guardian are required to undergo additional safeguarding checks.  This includes the suitability assessment to ensure that they can meet the needs of the child they are hosting. Exploring the hosts’ views about this different and additional role is an important step in the suitability assessment.

Local authorities should be notified by hosts if the parent/legal guardian intends to leave their child while they return to Ukraine.

While full additional safeguarding checks are not required on the host 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.

Welcome accommodation or private accommodation

Due to the large 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.

Often, the connections formed in welcome accommodation are new and therefore there may be no pre-war, pre-existing relationship. It is therefore important that local safeguarding procedures and processes are followed in these circumstances and that referrals to the local children’s safeguarding team are made. Social workers will use their professional knowledge and skill to discuss the proposed arrangement with parents and ensure any identified risks are mitigated.

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.

Retrospective assessment of children alone in Scotland

Where a young person is already in Scotland when they are identified as being without their parent or legal guardian, they should be treated as unaccompanied, and retrospectively assessed in line with the unaccompanied minors scheme guidance.

This guidance: Homes for Ukraine: Guidance for councils (children and minors applying without parents or legal guardians) - GOV.UK (www.gov.uk), must be applied to any child alone in Scotland for longer than 28 days, or where there is an identified plan for the child to be without their parent or legal guardian for more than 28 days. While the additional safeguarding checks are not required where a parent or legal guardian intends to be away 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 for any period that they are leaving their child in Scotland, without them.