Schools Against Deportations

Guidelines (taken from Hackney Community Law Centre)

These guidelines are for teachers and school support staff working with refugee pupils threatened with deportation/removal.

If a pupil or carer approaches the school for help because they are worried they will be removed from the UK by the Home Office, the following guidance may be of assistance:

1. Listen carefully and ascertain what is worrying the pupil. Indicate that you will be asking to meet the carer to help you assess the risk to the child, and the child’s best interests.

2. Arrange to meet with the carer. Show a real interest in the carer’s case - and concern about their plight. Record details – but don’t be too concerned to detail the testimony of the carer regarding experiences of persecution or other forms of political violence in the country of origin. It can be useful to develop an understanding of the following:

a) Determine the carer’s perception of what stage the legal process for their case is at.

b) Record the name of the carer’s legal representative and their address, telephone and fax number.

c) Record the carer’s Home Office/Port Reference number.

d) Identify if there are any health issues in the family. Enquire about the health of all members of the family who may be affected by the prospect of removal. Note if there has been previous, current or ongoing medical treatment, including support with mental health needs.

e) Check if they have seen their Member of Parliament (MP) yet.

f) If the carer has brought your attention to the threat of removal, check if the child has been told yet. Determine together how best to talk matters through with the child.

g) Establish if it is okay to contact the legal representative directly. Ask the carer to tell the legal representative beforehand that you will be calling otherwise the legal representative may refuse to discuss the case with you. If there is no clear legal representation, then identify other legal representatives the carer could contact (Link to list on web or RLC, Asylum Aid, ILPA etc?). If removal is imminent then ring round legal advice agencies yourself to determine where the carer can go to get good advice.

h) With the carer’s permission, photocopy the key legal documents held by the carer that can assist the school’s assessment of the child’s circumstances and writing of letters.

Schools should not themselves provide advice on immigration matters but should help signpost carers to where they can receive it. A legal representative can be a solicitor, barrister, caseworker from a specialist agency such as the Refugee Legal Centre or Asylum Aid, or someone from a refugee organisation. Solicitors and barristers are regulated by their own professional body. Other legal representatives are obliged to register with the Office of the Immigration Services Commissioner (OISC). The OISC regulates the provision of legal advice and representation on immigration matters. Persons not exempted or registered may be prosecuted.

3. Notify the Headteacher and Child Protection Co-ordinator. Check if the child is on Special Educational Needs Code of Practice. With the carer’s permission, check with the school nurse for health information.

4. Ring the legal reprsentative to clarify the situation. Discuss how the school may assist with representations, etc. Discuss the involvement of the MP.

5. Talk to the child. Identify friends and a favourite teacher or member of staff. Set up a support system for the child in the school, including one-to-one opportunities plus peer group awareness, if agreed by the child. Arrange for the adult to see the child at the beginning and end of each day.

6. Ring the MP (if appropriate). Discuss and propose sending information. Put MP in touch with solicitor. Find out surgery times plus locations. Advise carer of opportunities to attend MP’s surgery.

7. Research persecutory elements in country of origin and meet again with child and carer to understand their anxiety and fears. Information about conditions in the country of origin should not be submitted by schools to the Home Office or adjudicators – the legal representative should already be doing this and sending more information may be counter-productive. But to enable the school to better support the family, it would be useful to have an understanding of the asylum claim and the situation in the country of origin.

8. Assess risk to child or need for more time to gather information, including any psychological assessment.

9. Prepare representations if appropriate. It is always vital to liaise with legal representatives. Sometimes letters can be very useful, but at other times their use is lost because the writer has undermined their good points by commenting upon something they are not qualified to comment on, such as the situation in the asylum-seeker’s home country.

Schools should not attempt to make representations about the likelihood of persecution in countries of origin. This should be left to the legal representative. Where a school can make a significant contribution is in making representations on the area it is expert in – the welfare of the child. The kinds of things which might make a difference are: evidence about the emotional, physical or psychological state of the child on admission to the school; the fears which were expressed or which came out in the child’s school work or playground activity; how the child has settled in the school, made friends, etc. If being at the school and being a part of the school community has assisted in the rehabilitation of the child’s well-being, then this should be stated. Likewise, if being uprooted would have a disastrous effect on the well-being of the child.

Refer to the guidance and model letters on the Schools against Deportations website. Consider on what grounds to advocate for the child.

Write letters from the Headteacher and other key staff and the child’s peers as well if appropriate. Make sure you discuss with the child first any sharing of information about the family’s circumstances with other pupils.

10. Fax letters to the legal representative and MP (as appropriate) referring to any possible compassionate grounds to be considered. Make copies of any letters sent to the Child Protection Coordinator, etc.

11. Suggest a campaign in the staffroom if pressure is needed, for example, on the MP or the Home Office. If the Home Office is not responding then, if the family agree, organise:

a) a campaign led by the peer group (if peers want it);
b) sensitive sharing of information to facilitate this, providing research materials, classroom work, collating petitions, posters, letters, etc.

12. In case the removal does go ahead, make enquiries of possible humanitarian organisations that could meet the family when they disembark in the country of origin.

13. If individual teachers feel strongly about the likely effect of removal on the child, then they may be willing to attend an appeal hearing (if it has not already taking place) with the child and carer.

Remember:

The family must control the activity and not be disempowered any more than they already are. They have to make the decisions.
If there is campaigning it must be agreed to by the child and family.


Guidelines (taken from Hackney Community Law Centre) These guidelines are for teachers and school support staff working with refugee pupils threatened with deportation/removal. If a pupil or carer approaches the school for help because they are worried they will be removed from the UK by the Home Office, the following guidance may be of assistance: 1. Listen carefully and ascertain what is worrying the pupil. Indicate that you will be asking to meet the carer to help you assess the risk to the child, and the child’s best interests. 2. Arrange to meet with the carer. Show a real interest in the carer’s case - and concern about their plight. Record details – but don’t be too concerned to detail the testimony of the carer regarding experiences of persecution or other forms of political violence in the country of origin. It can be useful to develop an understanding of the following: a) Determine the carer’s perception of what stage the legal process for their case is at. b) Record the name of the carer’s legal representative and their address, telephone and fax number. c) Record the carer’s Home Office/Port Reference number. d) Identify if there are any health issues in the family. Enquire about the health of all members of the family who may be affected by the prospect of removal. Note if there has been previous, current or ongoing medical treatment, including support with mental health needs. e) Check if they have seen their Member of Parliament (MP) yet. f) If the carer has brought your attention to the threat of removal, check if the child has been told yet. Determine together how best to talk matters through with the child. g) Establish if it is okay to contact the legal representative directly. Ask the carer to tell the legal representative beforehand that you will be calling otherwise the legal representative may refuse to discuss the case with you. If there is no clear legal representation, then identify other legal representatives the carer could contact (Link to list on web or RLC, Asylum Aid, ILPA etc?). If removal is imminent then ring round legal advice agencies yourself to determine where the carer can go to get good advice. h) With the carer’s permission, photocopy the key legal documents held by the carer that can assist the school’s assessment of the child’s circumstances and writing of letters. Schools should not themselves provide advice on immigration matters but should help signpost carers to where they can receive it. A legal representative can be a solicitor, barrister, caseworker from a specialist agency such as the Refugee Legal Centre or Asylum Aid, or someone from a refugee organisation. Solicitors and barristers are regulated by their own professional body. Other legal representatives are obliged to register with the Office of the Immigration Services Commissioner (OISC). The OISC regulates the provision of legal advice and representation on immigration matters. Persons not exempted or registered may be prosecuted. 3. Notify the Headteacher and Child Protection Co-ordinator. Check if the child is on Special Educational Needs Code of Practice. With the carer’s permission, check with the school nurse for health information. 4. Ring the legal reprsentative to clarify the situation. Discuss how the school may assist with representations, etc. Discuss the involvement of the MP. 5. Talk to the child. Identify friends and a favourite teacher or member of staff. Set up a support system for the child in the school, including one-to-one opportunities plus peer group awareness, if agreed by the child. Arrange for the adult to see the child at the beginning and end of each day. 6. Ring the MP (if appropriate). Discuss and propose sending information. Put MP in touch with solicitor. Find out surgery times plus locations. Advise carer of opportunities to attend MP’s surgery. 7. Research persecutory elements in country of origin and meet again with child and carer to understand their anxiety and fears. Information about conditions in the country of origin should not be submitted by schools to the Home Office or adjudicators – the legal representative should already be doing this and sending more information may be counter-productive. But to enable the school to better support the family, it would be useful to have an understanding of the asylum claim and the situation in the country of origin. 8. Assess risk to child or need for more time to gather information, including any psychological assessment. 9. Prepare representations if appropriate. It is always vital to liaise with legal representatives. Sometimes letters can be very useful, but at other times their use is lost because the writer has undermined their good points by commenting upon something they are not qualified to comment on, such as the situation in the asylum-seeker’s home country. Schools should not attempt to make representations about the likelihood of persecution in countries of origin. This should be left to the legal representative. Where a school can make a significant contribution is in making representations on the area it is expert in – the welfare of the child. The kinds of things which might make a difference are: evidence about the emotional, physical or psychological state of the child on admission to the school; the fears which were expressed or which came out in the child’s school work or playground activity; how the child has settled in the school, made friends, etc. If being at the school and being a part of the school community has assisted in the rehabilitation of the child’s well-being, then this should be stated. Likewise, if being uprooted would have a disastrous effect on the well-being of the child. Refer to the guidance and model letters on the Schools against Deportations website. Consider on what grounds to advocate for the child. Write letters from the Headteacher and other key staff and the child’s peers as well if appropriate. Make sure you discuss with the child first any sharing of information about the family’s circumstances with other pupils. 10. Fax letters to the legal representative and MP (as appropriate) referring to any possible compassionate grounds to be considered. Make copies of any letters sent to the Child Protection Coordinator, etc. 11. Suggest a campaign in the staffroom if pressure is needed, for example, on the MP or the Home Office. If the Home Office is not responding then, if the family agree, organise: a) a campaign led by the peer group (if peers want it); b) sensitive sharing of information to facilitate this, providing research materials, classroom work, collating petitions, posters, letters, etc. 12. In case the removal does go ahead, make enquiries of possible humanitarian organisations that could meet the family when they disembark in the country of origin. 13. If individual teachers feel strongly about the likely effect of removal on the child, then they may be willing to attend an appeal hearing (if it has not already taking place) with the child and carer. Remember: The family must control the activity and not be disempowered any more than they already are. They have to make the decisions. If there is campaigning it must be agreed to by the child and family.		Home Sign declaration News Previous campaigns Briefing Campaign resources Educational materials Contact us
Last updated: 31 January 2005