What about the Dubs amendment? The Dubs amendment, spearheaded by EU relocation schemes. In either case, it is vital Lord Alf Dubs, who arrived in the UK on the that a best interest assessment is carried out for Kindertransport during the Second World War, each child, to ensure that the transfer would not led to the British government committing in law harm the child and would be for his or her overall to accept unaccompanied children who arrived benefit. Currently, there is no comprehensive in Europe before 20 March 2016. Campaigners assessment system in Calais, and so one must be were aiming to secure a guarantee of 3,000 put in place. children, but in the end, the amendment avoided Whatever the solution, it is clear both specifying a total, and instead deferred to the governments must be more proactive in helping capacity of individual local authorities to determine children who may qualify under the Dubs how many children they could accept.15 However, amendment. One voluntary group in the ‘Jungle’ despite being passed into legislation on 9 May told of how the news of the Dubs amendment 2016, not a single child has yet been transferred gave hope to many children with no family to the UK under this amendment – all arrivals have elsewhere in Europe, that finally, there would be a been under the pre-existing Dublin III regulations. solution for them. However, as the months have As an additional piece of law alongside Dublin passed, they have begun to feel despondent III, the spirit of the Dubs amendment was again at the lack of clear path ahead of them. understood by voluntary organisations to support Recommendations children without family elsewhere in Europe, 1. The British government should put in place and no existing recourse to law for resettlement a straightforward system as soon as possible besides the underused discretionary clause of for transferring unaccompanied children Dublin III. Safe Passage UK recently carried out its without family in the UK – providing it is in their own headcount of unaccompanied minors in the 16 ‘Jungle’, finding over 200 children without family best interests . elsewhere in Europe, who arrived before 20 March 2. British and French authorities should ensure and are therefore eligible for transfer under the that a comprehensive best interest assessment amendment (August 2016). system is put in place in Calais. One possible option is to transfer children 3. The British government should adopt Article under the existing Dublin III system, utilising the 10(3) of the EU Directive on Family Reunion, in line discretionary clause for humanitarian reasons. with the majority of European countries, to give However, this requires cooperation between the refugee children with parents outside of Europe French and British authorities, as it is the French the right to be reunified in the UK. authorities’ responsibility to process and issue 4. The British government should advocate and the take charge request. The UK must be more cooperate with the French government to make proactive in its efforts; voluntary organisations the transfer process as smooth as possible. should not be relied upon to take the cases of the 5. The British government should ensure that eligible children forward. British officials should be all children entering the UK, both under the Dubs deployed to reach out to the children and support Amendment and as straightforward Dublin III their cases, using Safe Passage UK’s list. cases, receive sufficient resources, akin to Alternatively, if the Dublin III process is not those provided to children arriving through sped up and improved, another, faster, less resettlement programmes. bureaucratic system may be required to enable 6. British social services and foster carers should the UK to rapidly fulfil the spirit of the Dubs be adequately supported, provided with the skills amendment. This could take place under a and capacity to give children the care they require, bilateral relocation arrangement between France including cultural awareness, psychosocial and the UK, if not under the auspices of current support and mental healthcare. No place for children 12
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