Refugee Children, Trauma and the Law

Abstract

A B S T R A C T This article describes expert witness work with refugee children carried out by the Child & Family Team at the Traumatic Stress Clinic affiliated to University College, London. These children are referred by solicitors acting for their parents in relation to claims for asylum. The children have usually survived multiple traumatic experiences and often have significant post-traumatic symptomatology. Many speak little English and have had little preparation for the assessment. This article briefly summarizes the law relating to human rights and refugees that is relevant to these children and the questions posed by their solicitors. It then describes the way in which the team approaches the assessment and the clinical and legal issues raised. K E Y W O R D S human rights, legal issues, psychological trauma, refugee T H I S A RT I C L E D E S C R I B E S recent work with the children of refugees carried out by the Child & Family Team at the Traumatic Stress Clinic (TSC) affiliated to University College, London. These children were referred to the clinic in 2001 by solicitors acting for their parents in relation to claims for asylum. This article first outlines the legal

Practitioner Review: Assessment and treatment of refugee children and adolescents who have experienced war‐related trauma

“…Reputable solicitors will often instruct mental health professionals to complete medico‐legal reports on the mental health of young refugee clients which are submitted along with the asylum application or appeal. Tufnell (2003) outlines questions commonly posed by solicitors, as well as guidance on conducting assessments and constructing medico‐legal reports. Advice on how to structure, format and write expert witness court reports for children and adolescents has been provided elsewhere (Tufnell, Cottrell, & Georgiades, 1996).…”

Being Heard and Understood in the Context of Seeking Asylum and Refuge: Communicating With the Help of Bilingual Co-workers

“…The available literature suggests that children and young people who have been exposed to human rights violations, directly or indirectly, over a prolonged period are at greater risk of experiencing elevated levels of psychological distress and trauma (Brune et al, 2002;Fazel & Stein, 2003;Hargreaves et al, 2003;Hodes, 2000;Mckelvey & Webb, 1995;Sourander, 1998;Turner, Bowie, Dunn, Shapo, & Yule, 2003). Their distress may be exacerbated by poor health, having ongoing worries about their parents' mental health, or, if unaccompanied, having significant concerns about the welfare of missing family members (Fazel & Stein, 2002;Thomas & Lau, 2004;Tufnell, 2003). The young person may lack confidence in relation to their academic work or exhibit low self-esteem (Loughry & Flouri, 2001;Slodnjak, Kos, & Yule, 2002).…”

Severely Impaired Young Refugees

“…Child and adolescent mental health professionals may be requested to write reports to support asylum applications. Many of the issues are well described by Tufnell (2003). The report needs to obtain information from relevant and appropriate informants including parents, school reports and other information from the solicitor.…”