Refugee and asylum-seeking children or young people

Who are asylum seekers and refugees? 

While the terms "refugee" and "asylum seeker" are often used interchangeably, they have distinct legal meanings: 

• An asylum seeker is an individual who has fled their home and is seeking international protection. They have left their home country, often suddenly, because they are faced with persecution, war, or violence and cannot get protection there.  An asylum seeker submits an asylum application and has a legal right to stay in the country while waiting for a decision - but not every asylum seeker will ultimately be recognised as a refugee.  
• A refugee is an individual who has fled their home and has proven that they'd be at risk if they returned to their home country because of their race, religion, nationality, membership of a particular social group, or political opinion. A refugee has had their claim for asylum accepted by the government. 
• Every refugee is initially an asylum seeker, but not all asylum seekers will be granted refugee status. It's important to note that seeking asylum and refuge from persecution is a fundamental human right, as stated in Article 14 of the Universal Declaration of Human Rights.  

The Red Cross provide further information on the difference between asylum seekers and refugees and outlined 6 things we should know about refugees and asylum seekers. 

Why is it important to be aware of children or young people who are refugees? 

There are 35.3 million refugees worldwide and nearly 15 million school-aged refugee children globally. Find out more about refugees from the UN Refugee Agency. 

Children or young people who are refugees (and their families) will likely need more support than their peers because of unique challenges including possible language barriers, cultural differences, experience of trauma and stress, financial difficulties and lack of resources. Schools, communities, and organisations can play a crucial role in providing support. 

Find out more about the importance of how we support refugee children and young people. 

What does the law say? 

Under UK law, refugee and asylum-seeking children or young people of compulsory school age have the same entitlement to full-time education as other UK children or young people.  

Local authorities have a legal duty to ensure that education is available for all children of compulsory school age resident in their local area appropriate to age, ability and any special educational needs or disabilities (SEND) they may have. This legal duty applies irrespective of a child's immigration status or right of residence. 

International human rights law guarantees all children, including undocumented migrants, asylum seekers, and refugees, the right to quality, formal education without discrimination.  

It is a legal duty to meet the needs and promote the attainment of EAL children and young people under the Equality Act 2010, with reference to the protected characteristic of 'Race'. This is also referenced within the National Curriculum (4.5, 4.6) and Teachers Standards (standards 3, 5).  

To fulfil Safeguarding Duties, schools should use Interpretation services.  

What support is available?  

National  

Anna Freud: Anna Freud provide a Childhood trauma, migration and asylum toolkit which includes an animation for education staff working with children and young people who have been affected by war, migration and asylum.  

National Education Union (NEU): The NEU provides resources developed and shared by teachers to help schools support refugees. They offer a guide titled "Welcoming refugee children to your school" which provides information about creating a refugee-friendly school, making an accessible curriculum, and principles of effective practice. They also have a series of short film clips where refugee children and young people talk about their experiences of coming to a school in the UK. 

UNICEF UK: UNICEF UK provides advice for schools on how to help refugee and asylum-seeking young people reach further education. They provide key information about the rights and entitlements to further education in England. They also provide advice and support with the application process and help young people check their eligibility for courses at further education institutions. 

UNHCR: The UNHCR emphasises that national policy frameworks must go beyond granting access to schools and learning institutions to guarantee safe learning environments, this includes providing access to educational, social, emotional, and language based support. 

Healing Classrooms: Healing Classrooms offer free training sessions and resources to educators and schools supporting refugee and asylum-seeking children and young people in the UK. They have a range of resources for supporting schools to develop inclusive and nurturing learning spaces where refugee and asylum-seeking students can gain the necessary academic, social and emotional skills to develop their full potential. 

Refugee Education UK: Refugee Education UK- Supporting Refugee Students in Schools provide in-person and virtual training to upskill professionals to promote young refugees' educational access and outcomes. 

Norfolk 

Our local offer draws upon what is available nationally, helping you contextualise approaches, and provides targeted support to meet the needs of your school community. Find out more here. Link to graduated offer webpage   

Norfolk County Council have also developed a toolkit for schools and settings focused on EAL. The aim of the toolkit is to provide guidance around a whole school or setting approach to supporting children and young people with EAL to feel welcome, safe and valued as well as providing step by step guidance on how to support children and young people appropriately who are identified as having EAL.  

Key contacts  

If you would like support around refugee or asylum-seeking children or young people, please contact inclusionandsend@norfolk.gov.uk.