A practitioner’s guide to commencing children’s protection claims

As the current government overhauls the asylum system, children with asylum claims are likely to be very anxious. In this article we look at the practical steps involved in running children’s protection claims. We cover welfare interviews, interpretation, the streamlined process, the statement of evidence form and the substantive interview. The focus is on what practitioners need to know and do at each stage to give their young clients the best chance of a positive outcome.

Unaccompanied and accompanied children

When a child enters the UK alone and claims asylum, they are placed in the care of a local authority. A child and family assessment is carried out. If a UK-based relative is identified and meets statutory requirements, social services can move the child into the care of the relative. The child is then considered an ‘accompanied child’ in terms of their asylum claim. 

The child’s caregiver could be British, or have some form of leave to remain. Therefore, the type of status an accompanied child has can differ from that of their relative. 

Another scenario might be where a child arrives in the UK accompanied by an adult relative and they claim asylum. The child’s protection claim would be linked to the adult’s claim but processed separately, as an accompanied child’s claim. 

The legal process is the same for unaccompanied children in the care of the local authority and accompanied children living with family members. Though, from 2 March 2026, the grant of leave will differ. At the time of writing, accompanied children who make a claim after 2 March will receive temporary leave for thirty months if granted protection. By contrast, unaccompanied children will still be granted leave to remain for five years. Practitioners need to be ready to explain to their young clients and carers how these changes will impact them.

Welfare interview

Children attend a welfare interview, similar to the adult screening interview. Practitioners can obtain a copy of the welfare interview form from the child, their social worker or caregiver. If necessary, you can contact the Home Office for a copy. 

The Court of Appeal judgment of R (AN and FA) v Secretary of State for the Home Department [2012] EWCA Civ 1636 held that the Home Office are limited in terms of what they can ask in the welfare interview:

in addition to recording biometrics, the Home Office should only ask questions on arrival to obtain information which is essential for: 

• a meaningful booking-in process (including bio data) 
• identifying welfare concerns 
• identifying trafficking concerns. 

In practice, the interview form often contains incorrect information. This could be due to many factors such as the child’s exhaustion, poor interpretation and poor interviewing practices. If there are any inaccuracies on the interview form, these need to be addressed with the child and explained in written submissions. 

For all children’s asylum cases, the Home Office contact is CSCPUEnquiries@homeoffice.gov.uk. 

Interpretation

For practitioners, choosing the right interpreter is key, whether via an agency or an independent interpreter. The National Register of Public Service Interpreters is a good resource. The interpreter should preferably be from the same country and speak the same language and dialect as the child. 

After the first session, check (without the interpreter present) if the child is happy with the interpreter. If so, continue. If not, you may need to find a more suitable interpreter. Once you find the right interpreter, aim to consistently use this professional throughout the process.

It is common that a child would not wish to correct an older interpreter if their words have been misunderstood. It is therefore critical to read back information carefully to the child to check that it has been interpreted accurately.

Streamlined asylum process

Children from Eritrea, South Sudan, Sudan and Syria are potentially eligible for the streamlined asylum process. But, Eritrean children who speak Amharic and Kurdish Syrian children tend to be excluded from the streamlined process. 

This process omits the need for a completed statement of evidence form and a substantive interview. The child is instead invited to a preliminary information meeting. 

Preliminary information meeting 

While described as a ‘meeting’, in reality it feels very much like an interview, albeit limited to two hours in length. 

The meeting is held over video call, with a responsible adult (a social worker or caregiver), Home Office interpreter and a legal representative present. Attendance with the legal representative is optional, however. 

During the meeting, the interviewer completes the statement of evidence form with the child. The best way to prepare a child is to go through the statement of evidence form with them beforehand. Take time to explain what each section is asking and why. Let them ask questions and make sure they understand what to expect. See the section below for more details.

After the meeting, a child will either be granted a form of protection or invited to a substantive interview. A protection claim cannot be refused after a preliminary information meeting.

Statement of evidence form 

For the majority of children, the statement of evidence form is completed. The Home Office has a 15-page version of the form and encourages the use of this in place of the 43-page version which is still in circulation. It is helpful to copy and paste the completion instructions into each part of the blank form as some of the information requested is not obvious. 

Part 5.3 of the form requires listing family members’ names and ages. Completing this section can be distressing for the child. Where possible, request consent from the child to obtain information from the social worker or caregiver to complete this section. Any information can then be verified by the child.

Parts 6.4 and 6.5 of the form focus on the journey, who arranged and funded it, and the modes of transport used. Children with a trafficking history may fear giving details here. With the child’s consent, information-sharing with professionals can avoid the child having to recount traumatic events multiple times.

It is best practice to provide extensive detail in part 8 to evidence the child’s nationality, especially if the child does not have any documents to prove where they are from. Specific details of their home area can help strengthen their claim. 

Part 9 is central to the protection claim and should outline the reasons the child fled their home country. Details of past persecution and future risk need to be set out clearly and chronologically. Small details bring authenticity and veracity to the claim. 

Documents that support the protection claim are listed at part 9.6.

The recent option for some children to opt out of completing a statement of evidence form and proceed directly to an interview is problematic. Children who are unable to find a lawyer, which is a very common issue, could attend an interview having had no legal advice. This will almost certainly mean key information is missed and decisions poorly made.

Decision on papers

If the statement of evidence form is thoroughly completed, with all the details as laid out in the completion instructions, the protection claim may be determined without the substantive interview. This is in accordance with paragraph 339NA of the immigration rules. 

However, in recent years decisions on paper have become increasingly rare and substantive interviews are required in most cases.

If a child’s claim is refused, a well completed statement of evidence form will provide key evidence for the tribunal.

The big (substantive) interview

The substantive interview is usually remote, over video conference. The interview can run for as long as the officer deems necessary, ranging between two to four hours. Explain to the child how long the interview might be and that they can take a break at any time.

At the interview, there is a Home Office official, a responsible adult (usually a social worker or caregiver), a Home Office interpreter, a legal representative and optionally the legal representative’s interpreter – quite an audience.

The responsible adult is present to support the child, intervening if the child is distressed. The child can consult their legal representative in the breaks. During the breaks, check in with the child and see how they are feeling. Acknowledge how difficult it must be for them and how strong they have been.

Children often have to answer hundreds of questions, specifically questions about family details, health issues, nationality checking questions, reasons for flight, state protection and internal relocation, and their journey. It is invariably a highly stressful event for a child.

Some interviewers are sensitive and have some cultural, social understanding of the child’s home country. Yet in the majority of cases, this is lacking, as documented in this UNHCR report on asylum interview practices. 

Interviewing styles vary hugely and questions are often not adapted for the age of the child. An interrogative approach is not uncommon, leaving children drained and exhausted. After the interview, check in with the child again. Try to ground them by discussing their plans for the rest of their day or their week. Wherever possible, make sure they will not be alone straight afterwards and that their social worker or carer is available to support them.

Conclusion

Getting the process right matters enormously for children seeking protection. The statement of evidence form is the foundation of the claim. Completing it thoroughly, using the completion instructions, gives the child the best chance of a decision on the papers without a substantive interview. Where an interview is needed, a well-prepared form means the child is not starting from scratch.

Finding the right interpreter early in the process and keeping them on will make a positive difference. As does taking a child-centred approach at every stage. You need to check information carefully, help to prevent the child from needlessly repeating traumatic events and make sure the child knows what is happening and why at every stage of the process. The process can take time, but with careful preparation, the chances of the child being granted protection are much higher.

Resources

Right to Remain has a young person-friendly resource which children can be signposted to. Coram’s Children Legal Centre offers an advice line for children in need of immigration advice.