Background information
Unaccompanied children are to be provided with a legal guardian as soon as possible and the child should be immediately informed about the appointment. For specifics regarding the appointment of a legal guardian, the procedure and deadlines, refer to your national law. Specific provisions regarding reception applies to unaccompanied children (143).
A guardian acts on behalf of the child in line with their best interests and assists the child throughout the asylum procedure, ensuring that the child can benefit from their rights and comply with the obligations (144). A guardian ensures the best interests of the child, including that their legal, medical and other needs are appropriately addressed throughout the asylum procedure (145). The guardian must have the required expertise to carry out their duties and will be changed only when necessary. For information related to the appointment or the possibility to change a guardian, refer to your national practice.
(143) Article 24 RCD (recast) ‘Unaccompanied minors’; Article 25(1), point (a) APD (recast) ‘Guarantees for unaccompanied minors’.
(144) See the topics under 'Obligations of an applicant for international protection': Cooperate with the authorities; Be subject to personal search for security reasons; Have biometrics taken; Communicate contact address and any changes to the address to the authorities; Submit the elements to substantiate the application.
(145) Article 25(1), point (a) APD (recast) ‘Guarantees for unaccompanied minors’; Articles 31(1) and (2) QD (recast) ‘Unaccompanied minors’.
Explain these messages to the applicant during the registration / lodging:
- A legal guardian will be appointed to assist the unaccompanied child and act on their behalf throughout the asylum procedure.
- The role of a legal guardian is to stay in contact with authorities and accompany the unaccompanied child during the appointments, including the personal interview, to inform the child about the procedure, ensure that the child’s needs are addressed and ensure that the unaccompanied child’s views are taken into consideration.
- The unaccompanied child may refer to the guardian for any concern or question they may have at any time during the asylum procedure.
- With consideration for the child’s age, provide additional explanations regarding the procedure for the appointment of a legal guardian.
- The unaccompanied child should inform the authorities if there are any concerns or complaints regarding the cooperation with the legal guardian. Information should be provided on how to reach out to the authorities and file a formal complaint and on the possibility to change the legal guardian.
Related publication: European Union Agency for Fundamental Rights, Guardianship for Children Deprived of Parental Care – A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking, 2015.
Practical tip: being very clear about the role of the legal guardian
Ensure that the child understands that the role of the legal guardian is to support them and their well-being. They should not hesitate to tell the guardian their views, needs, concerns, wishes, etc. At the same time, explain what is not in the guardian’s competences. For example, the legal guardian does not live with the child or provide money. You may inform the child about their accommodation and the benefits they will receive.