Education under 16
Will a family be dispersed if the child/children are settled in school?
Previously, an asylum seeker would not be dispersed if he/she had dependant children of school age who had been attending the same school for at least 12 months. In August 2004, though, the policy on dispersal where an asylum seeker has dependant children in school was revised [1]
According to the new policy, dispersal will now only be temporarily defered where the dependant child:
"has started the final school or college year leading up to their GCSE, AS or A-level exams (or their equivalents)" and;
"has been enrolled at that school or college for a significant part of the previous school year " i.e. one school term (in exceptional circumstances a shorter period might be considered).
(NB. The concession does not apply to children in the school year leading to SATs.)
The concession will not operate where families are considered to have been "uncooperative" (for example who "have failed to travel to dispersal accommodation without reasonable excuse") or "who have switched the type of their asylum support application without good reason and this has resulted in their dispersal being delayed until their child is in the final school year leading to GCSE, AS or A-level exams".
Where the child of an asylum seeker has special educational needs and is enrolled in an "appropriate school" the dispersal will normally be postponed until an appropriate placement can be secured in the dispersal area.
Dispersal may also be deferred temporarily where a former unaccompanied asylum seeking child (UASC) (who is not a former relevant child) is still in full time education when he/she reaches the age of 18, and is taking his/her final exams and until these exams have been completed. (See Transition at 18 -"Which Unaccompanied Asylum Seeking Children are eligible for assistance from the National Asylum Support System on turning 18?" for the categories of former UASC eligible for asylum support).
The new policy does not affect UASC who have been in the care of social services and who qualify as "former relevant children" under s.23C of the Children (Leaving Care) Act 2000. Since 1 October 2001 it has been policy not to disperse this category of young people.
Any other cases will be determined upon their own merits.
The new policy came into effect on the 13th August 2004. Families in emergency accommodation who applied for asylum support before this date, including families whose dispersal was deferred under the old concession, would have been reassessed under the new policy.
Disbenefited families who met the conditions for non dispersal under the old concession and whose accommodation costs were met by the local authority will not be affected by the new policy and will be able to stay in their current home (unless their current accommodation becomes "unsustainable" in which case they will be reassessed).
Contact the National Education Law Advice Line for free advice and information on all matters relating to education law on 0845 345 4345
Revised 14/02/08
Notes
[1] See the Asylum Support Policy Bulletin 31: Dispersal Guidelines (13 August 2004).
