SCOTLAND: Children of asylum seekers to be granted equal access to education

Children of asylum families are to have the same access to full time further and higher education as Scottish children under plans announced this month.

Education Secretary Fiona Hyslop said the Scottish government was responding to concerns raised by HM Inspectorate of Education and universities on educational prospects for young people in asylum families by:

• From autumn 2007, giving asylum children who have spent at least three years in Scottish schools the same access as Scottish children to full time further and higher education
• Working with Glasgow City Council to implement recent HMIE recommendations on providing nursery places for three and four year-old children of asylum families

Ms Hyslop said, "This government believes that regardless of where they come from and why any child living in Scotland should receive care, protection and education.

"We recognise our responsibility for all children in Scotland, our obligations under the UN Convention on the Rights of the Child, and we are clear that the welfare and rights of all children is paramount. It is enshrined in Scots law and that is the principle of our consideration of asylum matters.

"We are determined to work with the Home Office to make progress on the key issues that affect the welfare of children like dawn raids, the detention of children at Dungavel and the review of cases of families who arrived before December 2006. I am seeking an early meeting on these matters and have already conveyed these views to Home Office Ministers.

"However, we are acting now to improve the prospects for asylum children, ensuring they are treated fairly and that their rights to care, protection and education are respected. We are moving quickly to increase access to full-time further and higher education and nursery places.

"Many asylum children and young people, through no fault of their own, are left in limbo for years awaiting decisions about their status. They and their families often become fully integrated members of the local community and should be able to contribute.

"That's why we will also talk to the Home Office about the right to work for the asylum community. We must do everything we can to bring an end to the uncertainty for the 1400 or so families coping with unacceptable uncertainty while awaiting decisions that profoundly affect their future."

Ms Hyslop also set out key issues and changes that the Scottish government will actively take up with the Home Office to improve the experience of asylum families in Scotland, including:

• Seeking full implementation of the March 2006 agreement
• Exploring the detail of the forthcoming legacy review and making it clear that the Scottish Government wants all families with children here before March 2006, other than those involved in criminal or fraudulent activity, to be granted leave to remain;
• Pressing for alternatives to dawn raids and the detention of children and their families to be explored vigorously, for example, considering use of hostel accommodation as an alternative to detention;
• Asking them to reconsider the right to work for asylum seekers;
• Looking at how Scottish legislation can protect children within UK Immigration laws.

The Scottish contribution to the UK report to the United Nations Committee on the Rights of the Child (UNCRC) was also published recently. Under the Convention, asylum children are expected to have the same rights as Scottish children (see Article 22).

There are currently around 1400 asylum families in Scotland. Most are Glasgow-based.

HMIE recently published a report looking at services for asylum children in Glasgow. Inspectors found that most people got appropriate support. The report also recommended that the Executive should consider the feasibility of responding to the aspirations among asylum seeker children to undertake degree level study.

Universities Scotland (US) have called for asylum children who attend Scottish secondary schools to have the same rights to further and higher education as Scottish domiciled students.

The agreement between the Scottish Executive and US is that US will encourage those universities affected to accept young asylum seekers with conditional or unconditional places as lower fee level students for this academic year (around 18 students) if they meet the relevant criteria.

The Executive will move to resolve the issue from 08/09, by regulating to allow any pupil who has been living in Scotland for three years or more to be classed as a "home" student. Alternative administrative arrangements are being put in place to reimburse universities the equivalent of lower level fees for the academic year 07/08 if legislation is not in place in time, and have reassurance from the Scottish Funding Council that this can be done, if necessary, through individual negotiation with each institution affected.

Immigration is a reserved matter and responsibility rests with the Home Office. Decisions on individual cases and removals are dealt with by the Border and Immigration Agency. The BIA has a Scottish office, based in Glasgow.

Further information

• Article 22 of the UN Convention on the Rights of the Child
• Seeking Asylum Alone: Unaccompanied and separated children and refugee protection in the UK (Harvard University, December 2006)
• Children and Young People as Active Participants in Society (Article 12 in Scotland, June 2006)
• 2005 Global Refugee Trends: Statistical overview of populations of refugees, asylum-seekers, internally displaced persons, stateless persons (UNHCR, June 2006)
• Scottish Youth Parliament
• CRINMAIL: Children and Armed Conflict 109 - Special Edition on World Refugee Day 2007