EDUCATION

63 -EDUCATION

Purpose

The purpose of this annex is to explain to caseworkers the role that NASS has in the education of asylum seekers, and to answer some frequently asked questions.

EDUCATION OF ASYLUM SEEKER CHILDREN

It is government policy that the children of asylum seekers are given the same opportunities to benefit from what schools can offer them as other children resident in the United Kingdom.

Local Education Authorities have a duty to ensure that education is available for all children of compulsory school age in their area, appropriate to age, abilities and aptitudes and any special education needs they may have.

This duty applies irrespective of a child’s immigration status or rights of residence in a particular location, and would therefore include children of displaced persons, asylum seekers and refugees.

NASS caseworkers inform the appropriate Local Education Authority when asylum seekers (with dependants of school age) are being dispersed to their area. It is then the responsibility of the Local Education Authority to have the children of asylum seekers admitted to suitable schools in the area.

4. In general, asylum seekers educational needs will be met in the area to which they will be dispersed. There would need to be compelling and unusual circumstances before a case can be made for remaining in a non-dispersal area for educational purposes. However, as a matter of policy, where an asylum seeker has dependant children of school age (including of an age to attend pre-school classes or nursery school) and has attended a particular school for at least 12 months, dispersal will not normally be appropriate. Cases that fall outside this criteria should be examined on their own merits and will depend upon the effect of the disruption that would be caused to the dependant minor children if the family were to be dispersed.

In the case of in-country or disbenefited cases, when NASS disperses a family with a child who is about to take his/her final school examinations (e.g. GCSE or A levels), or a former unaccompanied child who has reached the age of 18 and is about to take his/her final school examinations, caseworkers should consider exceptionally deferring dispersal temporarily until they have completed their exams. In these circumstances, we should consider whether it is possible for NASS to continue to support the family/young person in their current accommodation. If this is not possible, then accommodation near to their current address and within reasonable travelling distance of their school/college should be recommended.

Related documents: Annex T3 (Transition at age 18) and Annex D5 (Dispersal)

FUNDING FOR LEAs

Local Education Authorities (LEAs) receive funding for asylum seekers in the same way as for other pupils on the school roll through the Standard Spending Assessment System.

Where children of asylum seekers are located in a particular area, the Local Education Authority would need to absorb the costs of providing education in the same way that they would absorb the costs for all children moving into a particular area.

ETHNIC MINORITY ACHIEVEMENT GRANT

Asylum seeker and refugee children may also benefit from the Ethnic Minority Achievement Grant (EMAG), which is targeted at pupils learning English as an additional language and ethnic minority pupils at risk of underachievement.

£430 million is being invested over three years to help raise the achievement of ethnic minority pupils. Local Education Authorities decide which schools they will need to devolve funds to, or otherwise support, under the grant, taking account of their needs.

For 2001-02, £154 million is available to Local Education Authorities to improve the attainment of ethnic minority children, an increase of 4.6% on the amount available for these purposes in 2000-2001. The bulk of the resources are devolved directly to schools so that head teachers can use it where it is most needed - to employ more teachers and classroom assistants and to work with their local communities.

In addition to EMAG extra funding of £1.5m was available in 2000-01 to schools in the areas designated as cluster areas by NASS to meet the cost of educating the large number of asylum seeker children dispersed to those areas. Up to £500 per pupil was available in 2000-01 for schools for each dispersed child they received, to help with English Language lessons, and make sure the children settled into school quickly.

Other frequently raised questions answered below:

Are there any pre-school facilities for the children of asylum seekers?

Local Education Authorities already have a legal duty to ensure that all eligible four-year-olds, including children of asylum seekers, are entitled to a free part-time place in any registered pre-school setting. In addition, from April 2000, all Local Education Authorities also receive funding to provide a free early education place to the most needy three-year-old children in their area. It is up to Local Education Authorities to set their own criteria of social need, which may include providing places to children of asylum seekers.

Are asylum seeker children entitled to free school meals? If so, who is responsible for funding them?

Children of asylum seekers supported by NASS are entitled to free school meals in exactly the same way as any other child who is supported by a means tested benefit (the Immigration & Asylum Act 1999 amended the Education Act 1996 to include NASS supported asylum seekers). NASS does not provide funds for school meals. The cost of free school meals is the responsibility of Local Education Authorities.

Are asylum seeker children entitled to free school uniforms and bus passes? If so, who is responsible for funding them?

Free school uniforms and bus passes are provided to asylum seeker children at the discretion of the local education authorities. NASS does not provide funds for these items.

Are asylum seekers over the age of 16 entitled to any education?

Since April 2001, the Learning and Skills Council has taken on (from the Further Education Funding Council) the role of determining any application for funding further education of asylum seekers beyond the compulsory school age. Colleges are not under a duty to accept asylum seekers onto their courses but may choose to do so. In general however, a college will want to feel reasonably confident that the student will be available to complete their courses. (Courses in English language training or basic skills may well be treated differently as they assist students during their stay). If a college accepts an asylum seeker on a course it is then the college that can apply to the Learning and Skills Council for funding.

It is important to note that if a college chooses to accept an asylum seeker onto a course, they must do so on the understanding that if a negative decision is made on the asylum claim, and any appeal rights have been exhausted, the person would no longer have any right to stay in the UK. The person would no longer be an asylum seeker and would be expected to leave the UK even if his/her course has not been completed.

Secretariat contacts: Avril Piper x0156 and Anitha Sundaram x0150