Trafficked children arriving alone at Dover were sent straight back to France under a secret "gentleman's agreement" that was in force since at least 1995, an investigation by the children's commissioner for England has revealed.
The report by Maggie Atkinson reveals that unaccompanied children who arrived clandestinely at Dover docks or through the Channel tunnel are often hungry, ill, exhausted and distressed, yet were returned to France within 24 hours if they did not immediately apply for asylum.
The children, who arrived on the backs of lorries or in containers, included those being trafficked for exploitation as well as those fleeing war zones and persecution.
The commissioner's report, Landing in Dover, says unaccompanied children who were discovered being smuggled into the UK were being detained and subjected to immediate in-depth interviews even when they claimed to be tired or ill or said they needed to see a doctor immediately.
In what she describes as a "significant failure in child protection", Atkinson says lone children were being "bounced back" from the border without any contact with social services or children protection staff.
The new chief executive of the UK Border Agency (UKBA), Rob Whiteman, halted the practice immediately after Atkinson discovered the existence of the "gentleman's agreement" with France during her investigation in November.
She highlighted the cases of seven Vietnamese children, who had been trafficked into Britain to work as "gardeners" in cannabis factories in 2010, who were sent back to France. Kent social services said they knew nothing about these children.
This was despite the fact that the deputy prime minister, Nick Clegg, made clear in March last year that unaccompanied children who arrived in Britain "should be referred to the nearest local authority on arrival to ensure that they receive the same standard of care and support as any other child in need".
Whiteman told the children's commissioner that the "gentleman's agreement" was not exclusive to Dover but was in force at all the Channel ports, including Southampton and Newhaven, and applied to Belgium as well as France. It also covered adults as well as children who try to enter Britain illegally.
Whiteman said that all ports were being notified that the practice of removing "unaccompanied minors to France under the gentleman's agreement should cease immediately". The practice will, however, continue in the case of adults.
He made clear that those sent back were returned only during weekday office hours, to ensure a proper reception awaited them in France.
He also confirmed that two of the seven Vietnamese teenagers who were bounced back to France later came back to Britain and were recognised as potential victims of trafficking when they claimed asylum.
Atkinson said: "Children arriving unaccompanied in the UK are some of the most vulnerable that my office and society encounter. That is why we have continued to investigate how they are dealt with, working constructively with UKBA, to improve their treatment. This has been advanced by the end of the 'gentleman's agreement'. I commend Rob Whiteman for acting decisively."
She said that 1,700 unaccompanied children who entered Britain in 2010 sought asylum, while a number who were returned to France may have been trafficked for exploitation or were children seeking asylum who were escaping war zones or persecution.
The report also highlights the "excessive periods of detention" endured by some unaccompanied children who were then subsequently released into the care of social services.
The immigration minister, Damian Green, said that interviewing was now postponed until after a child has had a period of some days to recover from their journey and to secure legal representation.
"The government made a commitment to end child detention for immigration purposes and has done this by radically changing the system to ensure that welfare of the child is at the heart of the decision and removals process," Green said.
"We have always been clear that we may need to hold unaccompanied children until alternative accommodation can be arranged. Not doing so would put them at great risk," he added.
'We felt we would die'
What one child told the Children's Commissioner's inquiry, Landing in Dover:
Child A: "In Calais we were not spotted. We avoided the inspection. We opened the lorry and we went in … in a fridge. We went through Calais straight away and found ourselves on the boat. It was very, very cold. We felt we were going to die. We spent about an hour and a quarter or an hour and a half on the sea. I was hopeful … thinking for someone to come and pick us out of the lorry. Then the lorry left the boat and we found people opening the door of the lorry."
The Guardian
il documento REPORT LANDING IN DOVER
The Guardian
il documento REPORT LANDING IN DOVER
