Summary
The Home Office has started a SEF opt-out pilot. This information sheet explains what a SEF is, what the pilot is, and things we think children and social workers should consider before deciding whether to opt-out.
What is a SEF?
The SEF stands for the statement of evidence form. It is part of the process of a child’s asylum claim. The statement of evidence has a list of standard questions including on the child’s circumstances, journey to the UK, nationality and reasons for claiming asylum. The SEF is completed with an immigration adviser and should be submitted to the Home Office, together with a detailed statement setting out their asylum claim. This is the child’s opportunity to tell their story in their own words without the pressure of a Home Office interview. The Home Office uses the SEF to decide the best way to process the asylum claim, and to inform the substantive interview. Up until now, the Home Office had to receive a SEF before they could arrange a substantive interview with a child.
What is the SEF pilot?
The SEF pilot has been rolled out by the Home Office across the UK.
Children aged 16-17, who have a legal representative registered with the Home Office, can be invited to a substantive interview without completing the SEF. This can only happen if the SEF is the only barrier to the case progressing to interview.
Children need to consent to being in the SEF pilot and attending an interview without completing the SEF. The pilot is voluntary, and there will not be a negative impact on the outcome of their asylum claim if they do not consent.
The pilot has come about as the Home Office is concerned that waiting for a SEF is causing a delay in the asylum process for children. We are concerned that the current legal aid crisis is the cause of the delay, and that there are not enough legal representatives for children.
The SEF pilot is different to the asylum streamlining process where children from Eritrea, Sudan, South Sudan or Syria can be invited to a PIM, without a legal representative. The SEF pilot is open to all nationalities, and as with the usual process, a claim can be refused after the asylum substantive interview.
What to do if you are a social worker supporting a child who is contacted about the pilot: The Home Office is automatically writing to children and local authorities about the SEF pilot. Social workers should discuss it with children to ensure they understand what is happening.
Most importantly, children should receive legal advice before consenting to the pilot. Children can consent once the Home Office has a form of authority for a legal representative on their file; however, it is very important that children speak with their lawyer about this issue before deciding to consent to the pilot.
Social workers should contact the child’s lawyer once they and the child receive information about the SEF pilot. Social workers should ask the lawyer to meet with the child urgently so they can advise them on their situation. We would strongly advise that children do not make this decision without speaking to their lawyers. Children cannot give informed consent to this pilot if they do not understand what they are consenting to, or the potential impact on their asylum claim. We are advising social workers to have discussions with children about why they might want to or not want to opt into the SEF pilot. Our concerns below can be used to inform these discussions.
In general, GMIAU will be advising our clients not to opt out of completing a SEF and will be completing them with children. This is because:
- We believe lawyers’ appointments are a safer space for a child to share their experiences initially. Our lawyers are experienced in supporting children in recounting traumatic experiences, often things they have not disclosed before. We understand it can take time for children to unpack certain traumatic experiences and offer children time to share everything. Without the time completing a SEF or statement, a child would need to share their whole story in the substantive interview. Many children and young people find the substantive interview incredibly stressful, and that should not be the place children are first sharing their experiences.
- At GMIAU we encourage children to give as much detail as they can in their SEF statement. This means that the Home Office does not need to ask them about their story in as much detail in the interview. We are concerned that without a SEF, substantive interviews will be much longer and more confusing and require children to give far more detail.
- In our experience, SEFs give us insight into any additional support children might need to manage their experiences, or to engage with the asylum interview. Lawyers can request medical evidence and support, and under certain circumstances ask for a decision to be made without an interview.
- It might seem attractive to a child to skip a step in the asylum process, and to get a decision quickly. We are concerned that for some children, not completing the SEF could have a negative impact on their ability to engage in the substantive interview, and result in a refusal. We want good outcomes for children, even if it takes more time. If they are refused, appeals are taking much longer to be decided, so children will be without status a lot longer. Social workers must ensure that children are aware of this risk.
- We are aware that the opt-out process might work for some children, and they might tell their friends about it. We would always advise children to get their own legal advice as their lawyer should know their situation and be able to advise about the specifics of their circumstances.
- We know some children might find lawyers’ appointments difficult, and struggle telling their story. We understand that consenting to the SEF pilot might seem appealing. However, they will still need to tell their story to the Home Office in an interview context. We can explore if there are circumstances that could mean we could request a decision without an interview. Lawyers should give children time and space to feel safe, trust them, and to disclose what has happened.
- The pilot is voluntary. There will not be a negative impact on an asylum claim because a child did not consent to the pilot. Children will spend more time with their lawyers preparing their SEF and statement before being invited to interview. We feel, in general, this is in their best interests.
- If a child does not consent, they can complete their SEF with their lawyer and progress their asylum claim as usual.
If you have any questions about the SEF pilot or a specific child, you can contact us for advice on kathleen@gmiau.org.