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Assess the impact of government policy on the schooling and education of asylum seeker and refugee children

The dilemma associated with asylum seekers and refugees

has been an

international quandary for the more stable countries to consider for many years. However, world war two became the catalyst that first prompted international communities to amalgamate and act on its humanitarian obligations. After the Second World War there was a mass exodus of individuals and their families fleeing their homelands for fear of persecution and reprisals. Conflict and social problems had become a growing problem forcing popul ations to seek refuge in more stable economies. Internationally perhaps the biggest dilemma was in determining those in real need of asylum and those seeking to provide a better life for themselves in more prosperous countries, or worse still war criminals hoping to escape justice United Nations High Commission for refugees Act. (1951). The United Nations High commission for refugees (UNHCR 1951) culminated on 28 July 1951, when a special conference approved the UN convention relating to the Status of Refugees (UNCRSR 1951). The Convention clearly spells out who refugee s are and the kind of legal protection, assistance and social rights he or she should receive from states party to the document. This meeting became an historic event, 144 countries signed the charter and for the first time a refugee was legally determined as:

a person who, due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the coun try of his nationality and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country (UNCRSR 1951 A1a2 ).
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This essay will evaluate how the United Kingdom has accepted its responsibility towards Asylum Seekers and Refugees and it will judge what effect Government policy introduced since 1951has had on the education of asylum seekers and their children. The paper will also show an understanding of the problems faced by this group in their attempt to achieve good schooling and obtain a better quality of life after their arrival in Great Britain.

The terms refugee or asylum seeker are often used interchan geably however, they should not be confused, since they refer to people with fundamentally different legal statuses (Bourgonje, 2010:17). An Asylum Seeker is a person seeking refugee status, which is awaiting a decision from the Home Office and on approval, becomes a refugee. However due to the global society we now live in the movement of people from one country to another is a regular occurrence and is monitored in Britain by the United Kingdom Border Agency, these are the people who are first approached by Asylum seekers requesting refuge within Britain. However, bureaucracy is never a straight forward process and therefore Asylum seekers and Refugees can often become mired in the confusion of other statuses that exist. A failed asylum seeker is a person whose asylum application has been turned down and who is waiting to be returned to their country. Asylum Seekers only have 10 days to appeal the decision, a process that is further complicated by the language barriers and bureaucratic red tape. The UK Border Agency aims for all appeals to be heard within two months of the initial decision, although these timescales are much shorter for cases that have been fast-tracked in detention centres.

If there is no new evidence or change of circumstances, refused asylum -seekers are expected to make arrangements for leaving the UK. The International Organization for Migration (IOM) runs voluntary returns programmes funded by the Home Office.

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If a person does not leave the UK after his or her claim has been refused the Board of Immigration Appeals may arrange an enforced return as they may be seen as an illegal immigrant.

Firstly there is no such thing as an illegal or bogus asylum seeker. Under international law, anyone has the right to apply for asylum in any country that has signed the 1951 Convention or the 1967 Protocol and are allowed to remain in the host country until the authorities have assessed their claim, in this country it is the UK Border Agency. However a Migrant is not an asylum seeker or refugee they are people who choose to le ave their country usually for economic reasons and are treated by different laws. Concerning Asylum seekers and Refugees there are two further protocols that can be applied in special circumstances, D iscretionary Leave which although part of the Asylum/Refugee status protocol is especially to accommodate unaccompanied young children arriving in the UK,, a grant of limited leave is applied in certain circumstances which last for three years and can be extended or Refugee status can be given. The second Hu manitarian Protection is a special grant of leave to stay in the UK for someone who may have been initially refused asylum, but can demonstrate they have protection needs again their status last for three years and can be extended or refugee status give n.

Finally

as

with

all

international

countries

there

will

always

be

illegal

Immigrants/Entrants people who arrive in another country who have intentionally not made themselves known to the authorities. It is this final group that the UKBA are most vigilant in identifying, unfortunately, to identify true asylum seekers from those attempting to access the country illegally can through media attention and other means give the general population a misguided idea of the true reason Asylum seekers and Refugees arrive in the United Kingdom including the trauma and ordeals many have had to endure prior to their arrival.

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Over the years since the 1951 convention asylum seekers have arrived in the United Kingdom from many different countries, dependant on crisis in different parts of the world. In 2007 the top three countries from which people sought asylum in the UK were Afghanistan, Iran and China. In t he first three months of 2008 the largest number of applications came from: Afghanistan, with 830 a 10% increase on the same period in 2007; Iraq, with 700 - a 122% increase; and, Zimbabwe with 640 - a 97% increase. Other countries in the top 10 were Ira n, Eritrea, Somalia, Sri Lanka, Pakistan and Nigeria (Walker, Barrister 2010)

Figures released from the United Nations High Commission for Refugees (2009) stated that of the sixteen million refugees worldwide the United Kingdom accepts less than 2% (Circa 320,000). Only 2.4 million are accommodated in Europe, the USA and Canada has only 1.6 million and the remaining 12 million are split between Africa and Asia. It is a fact that 80% of the worlds refugees live in developing countries, where many cannot remain safely and have no possibility of integrating into the local population (Guterres 2010:1). The United Nations charter was drawn up in 1951 and implemented in 1954, it laid down strict guidelines that all member states must adhere to when an asylum seeker arrives in their country. Although it is over fifty years since the UNHCR (1951) document was ratified, with only one major addition to the protocol in 1967, it is still the primary document in law that determines the treatment of asylum seekers and refugees (TRC 2011:8)

The NHCR help individuals fleeing their countries for fear of persecutio n After the end of world war two demand for their help became critical the world experienced a mass movement of people attempting to escape persecution within their own countries, however, there were underlying problems.

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Internationally perhaps the biggest dilemma was in determining the people who were genuinely in need of asylum and those persons migrating to seek prosperity in a thriving economy, or worse still, war criminals attempting to escape justice The United Nations High Commission for Refugees (UNHCR 1951).

The terms refugee or asylum seeker are often used interchangeably however, they should not be confused, since they refer to people with fundamentally different legal statuses (Bourgonje, 2010:17). An Asylum Seeker is a person seeking refugee status, which is awaiting a decision from the Home Office and on approval, becomes a refugee. Over the years since the 1951 convention asylum seekers have arrived in the United Kingdom from many different countries, dependant on crisis in different parts of the world. In 2007 the top three countries from which people sought asylum in the UK were Afghanistan, Iran and China. In the first th ree months of 2008 the largest number of applications came from: Afghanistan, with 830 a 10% increase on the same period in 2007; Iraq, with 700 - a 122% increase; and, Zimbabwe with 640 - a 97% increase. Other countries in the top 10 were Iran, Eritrea, Somalia, Sri Lanka, Pakistan and Nigeria (Walker, Barrister 2010)

Figures released from the United Nations High Commission for Refugees (2009) stated that of the sixteen million refugees worldwide the United Kingdom accepts less than 2% (Circa 320,000). Only 2.4 million are accommodated in Europe, the USA and Canada has only 1.6 million and the remaining 12 million are split between Africa and Asia. It is a fact that 80% of the worlds refugees li ve in developing countries, where many cannot remain safely and have no possibility of integrating into the local population (Guterres 2010:1). The United Nations charter was drawn up in 1951 and implemented in 1954, it laid down strict guidelines that al l member states must adhere to when an asylum seeker arrives in their country.

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Although it is over fifty years since the document was ratified, with only one major addition to the protocol in 1967, it is still the primary document in law that determines the treatment of asylum seekers and refugees (UNCRSR 1951 Convention Article 1A, paragraph 1) Over the preceding years since the 1951 Act the Uni ted Kingdom has accepted, and integrated into its society thousands of refugees. However, as the world and economic climate has changed Britain has introduced policies that govern the status of Asylum Seekers, refugees and their families.

Furthermore the issue that surrounds this group of people still attracts much unwanted media and political attention and plays a large role in their acceptance into communities. Research suggests that children seeking asylum continue to be treated as asylum seekers first and as children second (Pinson and Arnot, 2010:25). The media have stirred up a lot of ill will towards Asylum Seeker, mainly through misconceptions and inaccurate use of the terminologies used to describe them. Although the 1951 protocol was introduced to alleviate the problems faced by Asylum Seekers and their families, societies still get misguided as to their reasons for leaving their own country to seek a safe haven for themselves and their children in other countries.

During the 1980s the arrival of refugee families and their children in to the United Kingdom increased significantly as civil and military conflict, environmental devastation and the breakdown of state structures in Eastern Europe forced many people from their homes, leaving behind th em devastation caused by war, abuse and economic hardship (Ayotte & Williamson, 2001). From this time British governments have been implementing increasingly restrictive policies on asylum which have made it more difficult for refugees to gain entry to Bri tain, and reduced the rights of asylum seekers to social support and welfare provision (Joly, 1996). Successful asylum applications declined from 59 per cent in 1982 to less than ten per cent in the eight years up to 1990 (Home Office, 2004a).
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Conditions of entry into countries across Europe have dominated debate and policy making, in what became known as Fortress Europe (Hogan 2004) .

One of the first steps towards the creation of such a situation was the Schengen agreement which was originally signed in 1985 by five EU states (France, Germany, Belgium, Luxembourg and the Netherlands) to eliminate border control between those countries and to establish a common visa policy. The agreement was said to be about the freedom of movement over the internal borders between the Schengen countries, however, in order to "compensate" for increased freedom of movement within the Schengen area, much o f the agreement was about increased control of travellers coming in. Common rules regarding visas, asylum rights and checks at external borders were adopted and coordination of the police, customs and the judiciary was increased. In fact while just four ar ticles in the convention are about open borders, 138 are about increased control.

Over time the Schengen area has been extended to include almost every Member State of the European Union , with the exception of the United Kingdom and Ireland. Although Great Britain excluded itself from such harsh treatment of these groups until recently Britain has had no formal policy or programme for the resettlement of refugees (Duke, Sales and Gregory, 1999). Their needs have been met by inadequate mainstream services, ad hoc specialist services operating with constrained budgets or by refugee community organisations (ibid, 1999). Such organisations have often played an important role in providing practical and emotional support for newly arrived refugees, and have increasingly found themselves in the position of providing for basic needs (ibid, 1999). While a large proportion of refugees bring educational qualifications, skills and experience, there is high unemployment and poverty within refugee population s (Carey Wood et. al. 1995; Penrose, 2002).

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In 1999 responsibility for support in the United Kingdom was transferred from local authorities to a central body within the Home Office (National Asylum Support Service, NASS). Local authorities now provide support through contracts with NASS. Concerning immigration the UK Border Agency is now the first point of contact. Due to the location of transport links into the United Kingdom being predominantly in the southern area of England, there was an obvious build up of Asylum seekers in London and the south East.

Because of the overwhelming resources needed to accommodate these people, while they awaited a decision on their application for refugee status, local community services experienced extreme pressure to provide adequate facilities. This led to the Home Office implementing a policy of dispersal, found within the 1999 Immigration and Asylum Act. The purpose of this policy, presented by the then Home Secretary David Blunkett, was never aimed to evenly distribute the 'burden' of asylum seekers to all council areas in the country, but to reduce the increasing pressure on Education, Soci al and Health services in the Southeast of England. Unfortunately although the dispersal policy was implemented with good intent, it resulted in unforeseen problems for both the asylum seeking community and the local authorities designated to accommodate a high number of benefit claimants and school children. Many spoke little English and had psychological problems caused by post traumatic stress disorder (from their experiences endured prior to their exile).

Because many of the local authorities had lit tle time to plan for the groups arrival and the local education authority did not have the educational resources in place to accommodate such a complex multi-cultural group, local councils were put under immense pressure (Bourgonje, 2010:7).Further problems developed because dispersal was implemented without information of a final destination point being passed to the groups of individuals being migrated.
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Since the implementation of the Nationality, Immigration and Asylum Act (2002) the Government made it illegal for Asylum seekers to find work

therefore, although those who made the decision to be dispersed were promised an assurance of accommodation and sustenance. Problems emerged primarily because the financial state support for a single adult as of April 2010 was 35.52 per week which is approximately 55% of the national income support rate (Crowley 2011).

Secondly the only accommodation available was high -rise tenement blocks or housing that local councils had condemned and had been designated for urban development programmes. This became a regular feature of the type of accommodation provided for asylum seekers and their families who agreed to dispersal. Alternative accommodation was finally made available through the construction of accommodation centres; however, the final design of buildings surrounded by high fenced perimeters, topped with barbed wire, looked more like prisons than housing units. The final insult was the decision to rename these units detention centres this sent out the wrong message to the local community and gave the local media the freedom to influence people living close by with misleading information. The general feeling from local communities became one that asylum seekers were people who were a threat to others who happened to live within close proximity. This totally unacceptable decision taken by the British government led to communities resenting asylum seekers and developed hostility and local resentment. These measures have separated asylum seekers from mainstream society, often excluding them from everyday activities, while making them visible and exposing them to racist abuse (Duke, Sales and Gregory, 1999 )

Although bullying is not confined to particular schools, research has shown that children of Asylum Seekers are victimised due to their skin colour and ethn ic background.

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A major factor has become the adverse media miss-representation which shows asylum seekers as a socially excommunicated group that are excluded from communities by prison like accommodation, and moved around in security vehicles. This gives the local community the impression that they are a group that are criminally inclined with anti social tendencies , inciting the local people to abuse and refuse to accept them into the community. Although the adult asylum seekers will try to shield their children from the hatred felt by the local community, they will have little or no control over their childrens treatment during their time in school. All of this has created an increasingly hostile environment making settlement and developing new goals difficult . Current legislation clearly has major implications for childrens welfare, and is likely to have a lasting effect on children who have to attend local schools where issues of violence and intimidation will spill over to children who are likely to have existing adjustment problems, because of the increased pressure of the different local customs, cultural and religious issues and the language barriers that exist (Manyena and Brady 2007).

From the earlier definition, many Asylum Seekers leave their own countries, arrive in the UK traumatised, unable to speak English and are then subjected to accommodation or detention centres that look and feel like prisons. These centres were built in response to changes in the 2002 Nationality, Immigration and Asylum Act. The Refugee Community Organisation (RCO) asserted that often refugee children, even if they have been in the UK for up to three years, will have had to change schools three or four times. To complicate matters school records do not necessarily follow them all the way through and sometimes when they arrive at a new school the teacher doesnt have any background information. This tr ansient situation whereby families are moved around the country has a major impact on the stability of education for the children.

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An Ofsted (2003) report found that:

some schools in the dispersal authorities struggled initially to meet the learning needs of the pupils; class teachers, in particular, lacked expertise with pupils new to English. Many schools had not had any training to enab le them to identify pupils with severe psychological distress and trauma. Some teachers also lacked basic background knowledge about the linguistic, cultural and educational experiences of the pupils (Ofsted 2003 a23)

Support systems vary from school to school and LEA to LEA. Many schools are developing their own policies to support Asylum Seeker children whereas others leave it to individual teachers. The problem with this is that if the teacher leaves the support system leaves with them. Asylum seeke rs in the current support system have no choice about where they are accommodated and are dispersed around Britain. They may also be detained or forced to live in accommodation centres . Further complications also exist concerning u naccompanied children who arrive without any definitive evidence to prove their exact age. In such circumstances these individuals are initially treated as adults and are therefore not entitled to compulsory education either in the centres themselves or in state schools, until the ir relevant paperwork is either presented or their age is verified. The UK Border Agency on their website claims that they:

will give the claimant the benefit of the doubt until a local authority age assessment is made and other evidence considered . Additionally, as an advanced society in the 21 st century a community has a duty and responsibility to care for and protect children by ensuring that they are not housed with adults who are claiming to be minors in order to remain in the UK. (UKBA

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As mentioned, Asylum seeker families are usually housed in socially disadvantaged areas and as such their children are often placed in poorly perfo rming schools within these areas, alongside local children, some of whom have been excluded from other schools due to reasons such as indiscipline. Some asylum seeker children have to travel to schools outside the local authority because of the shortage of places or schools willing to accept them . This travelling to and from school adds another financial burden to the families , but it also impacts on families feeling isolated and not part of the local neighbourhood.

In some schools the provision for the education of Asylum Seeker is poor with limited resources within the classroom and many teachers are ill -equipped to work with children with such diverse cultural and linguistic back grounds and who have a wide ranging learning needs and disabilities (Bour gonje, 2010:7). One area of difficulty experienced by Asylum seekers is the national funding they are expected to exist on. With a limited income of just 55% of Income support it is unlikely children from Asylum seeker families will be able to afford a sch ool uniform; once again this leads to inequality and allows Asylum seeker children to stand out from the rest of the school. Although this is unacceptable and can sometimes be remedied by school schemes were other parents donating uniforms for the use of children whose parents earn less income. These dismal levels of financial support perpetuate the cycle of poverty which will undoubtedly have implications for a childs education. A possible consequence is the inability to support continued education at ho me with reading books and other learning resources, such as a computer or access to the Internet, which are considered to be the fundamental requirements of a basic education.

In 1985 the Swann report reviewed the nature of education in this country to reflect a multicultural society and this view was continued in the McPherson report in 1999 which further recommended the value of cultural diversity to help prevent racism.
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It is claimed by Tomlinson (2005) that the policies were heavily censored by Conservative Ministers who believed that a multicultural education would not be acceptable In her March 2005 article, Tomlinson (2005:165) suggested that the biggest problem facing a multiethnic society i s that successive governments have failed to produce curriculum policies that would combat cultural ignorance, ethnocentric attitudes and racism. Perhaps the final problem facing Asylum seekers is that when the United Kingdom began accepting individuals a nd their families to provide refuge from the atrocities they faced in their own country, once the asylum process had been completed and a status of refugee was granted the person was able to immediately apply for permanent residency and become a British ci tizen. However due to the changes in globalisation, migration and more people applying for refugee status the Government changed the automatic right for refugees to become immediate British citizens.(The Immigration and Asylum Provision of Accommodation to Failed Asylum-Seekers Regulations 2005).

The new regulations meant that refugees no longer had indefinite leave to remain but are now only given permission to stay in the UK for five years and each individual has their case reviewed within this timescale. The onus is on the refugee to reapply for refugee status. This enforced transient state leaves refugees with an uncertain future, which will undoubtedly have a destabilising effect on the education of their children a view supported by Arnot and Pinson (2009). Although the new coalition may revoke the 2005 Act at present it has become one further difficulty in the plight of refugees and asylum seekers to obtain or plan any long term education programme for their children. Although once granted refugee s tatus a person gains all the rights of any normal British citizen. This new ruling prevents any long term plan to become part of a stable community. The normality of purchasing a house going to university with a view to starting a career all become uncerta in especially if after a five year period refugee status is revoked and a forced removal from Britain becomes a reality.

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Fortunately the first people this new law applies to have recently reached their five year term and as yet the new coalition has not made any decisions on any of the reapplications for refugee status that have been submitted.There are so many options to consider, will refugee status reapply for a further five years, will it depend on your value as a British citizen and the contribution your position will make to the future. There are too many questions to be answered; only time will provide a solution, however anyone who has sustained the difficulties associated with Asylum status and the strife that precedes becoming a refugee deserves a peaceful and prosperous life as part of a community they have had to fight so hard to become part of.

Word Count 3,309

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References

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Hart, R, (2009) Child refugees, trauma and education: integrationist s considerations on social and emotional needs and development, Educational Psychology in Practice Vol. 25, No. 4, 351 368, http://www.informaworld.com/smpp/content~db=all~content=a917167405 (Accessed 03/03/2011) Hogan D (updated 2004) Fortress Europe Increased integration of EU asylum and immigration policy http://struggle.ws/wsm/pamphlets/eu/fortress.html (Accessed 14/03/2011) Immigration, Asylum and Nationality Bill, (2005) http://www.justice.org.uk/images/pdfs/ianbillsrc.pdf (Accessed 11/04/2011) Key Website for Educational Journals http://www.voced.edu.au/journals/index.html (Accessed 11/04/2011) Mac Pherson, Sir W. (1999) The Stephen Lawrence enquiry. Ten years on. London, The Stationery Office, Cm.4262. http://www.parliament.thestationeryoffice.co.uk/pa/cm200809/cmselect/cmhsff/437/42703.htm(Accessed02/03/2011) Manyena, S B & Brady, E (2007) Intervention Study: Supporting asylum seeker and refugee children within the education system in England (SPARC project). Northumbria University http://www.cfbt.com/evidenceforeducation/pdf/91098_AsylumRefugee_DDCFinalReport.pdf) (Accessed 14/02/2011) NASS National Asylum Support Service: National asylum and Immigration Act (1999) http://www.equalitiesinhealth.org/publications/intro%20asylum.pdf (Accessed 101/04/2011) Nationality, Immigration and Asylum Act (2002) http://www.legislation.gov.uk/ukpga/2002/41 (Accessed 11/04/2011) OECD (1994) Schools: a matter of choice. Paris, Centre for Research and Innovation, http://www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=SG/NR(94)25&docLangu age=En (Accessed10/04/2011) Ofsted (2003) supporting asylum seekers and refugee children http://www.cfbt.com/evidenceforeducation/PDF/91097_AsylumRefugee_NFERReport.pdf( Accessed 20032011) Penrose J (MP) (2002) Against the European Parliamentary Elections Act 2002 http://www.publicwhip.org.uk/mp.php?mpn=John_Penrose&mpc=Weston-SuperMare&house=commons&dmp=1065&display=motions (Accessed 2/04/2011)

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Pinson, H. and Arnot, M (2010), Local conceptualisation of the education of asylum-seeking and refugee students: from hostile to holistic media , International Journal of Inclusive Education, 14:3, 247-267, First published on: 22 July 2009 http://www.refugeecouncil.org.uk/OneStopCMS/Core/CrawlerResourceServer.aspx?resource=4E 74 D111-1850-4576-9390-7C849BC43391&mode=link&guid=ab36967635e44bf7961f4abb1632c821 (Accessed 012/03/2011) Refugee Council (2010)Settlement Protection: five year reviews and indefinite leave to remain a briefing for advisers http://www.refugeecouncil.org.uk/policy/briefings/2010/settlement_protection (Accessed 11/04/2011) Refugee Council online (2010) Age-disputed children http://www.refugeecouncil.org.uk/glossary#MainControl_Glossary_ZoneMain_GlossaryPlaceholder Control1_ctl00_PresentationModeControlsContainer_SECTION_D(Accessed 04/04/2011) Refugee council (2010)Settlement Protection: five year reviews and indefinite leave to remain a briefing for advisers http://www.refugeecouncil.org.uk/policy/briefings/2010/settlement_protection (Accessed 11/04/2011) The Refugee convention (1951) http://www.unhcr.no/en/Protect/faq_1951con_en.html#title2 (Accessed 29/03/2011) The Nationality, Immigration and Asylum Act (2002) London HMSO http://www.legislation.gov.uk/ukpga/2002/41/contents (Accessed01/04/2011) The Refugee Community Organisation (NCO) Training for refugees and refugee community organisations http://www.refugeecouncil.org.uk/eventsandtraining/training/refugees (Accessed 20/04/2011) Tomlinson, S. (2005) Race, ethnicity and education under New Labour, Oxford Review of Education, Volume 31, number 1, March 2005, pages 153-171. http://www.informaworld.com/smpp/content~db=all~content=a713674471(Accessed 25/03/2011) UKBA Detention Centres (2010), Dispatches Forces Agency rethink http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/nov/99child-asylum-cases (Accessed 02/04/2011) UNCRSR (1967) Protocol to the relationship of refugees , Protocol Amendment to the 1951 Convention Article 1A, paragraph 1 http://untreaty.un.org/cod/avl/ha/prsr/prsr.html (Accessed13/04/2011) UNHCR (2008) Part 1 an overview http://www.unhcr.org/474ac8c12.html (Accessed 04/04/2011) Walker, Barrister C (2007/8)Statistics Asylum seekers not including children http://www.aboutimmigration.co.uk/facts-asylum-applications-uk.html (Accessed 30/03/2011) 17

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