Form

Statement of evidence form (SEF) completion instructions

Updated 6 February 2024

Version 1

Introduction

Purpose of Instruction

The Home Office recognises the need to reduce children recounting traumatic events, and where appropriate to make asylum decisions without conducting an asylum interview in accordance with Paragraph 339NA of the Immigration Rules. The Statement of Evidence Form (SEF) plays a vital role in identifying which cases will need to progress to an asylum interview and ensuring relevant information is captured.

The SEF should always be completed with the support of an appointed legal representative. The varied approach to completing the SEF by legal representatives, combined with the inadequate quality of information provided in SEFs, has meant that it is not always possible to consider a decision at the point the SEF is returned.

The intention behind the redesign of the SEF and this instruction is to provide the claimant and the appointed legal representative with clearer directions as to what information should be included in the SEF. This will be considered alongside other sources of information/evidence to support a decision making. Its aim is to focus questions on the areas that are likely to be of significant importance in deciding a child’s asylum application and/or where the Home Office has a statutory duty to act.

In line with current practices, the Home Office will only seek to use the information in the SEF to inform decision making where the outcome would be to grant the child or former child permission to stay as a refugee or Humanitarian Protection. In the event the Home Office determines such a decision cannot be made and where it is reasonable to do so, the child will be invited to attend an asylum interview to allow them the opportunity to further explain the details of their claim and protection needs. The Home Office will not seek to use the information obtained in the SEF to make a negative decision without exploring other avenues to obtain further information.

Who is this instruction for?

This instruction is for legal representatives, local authorities and individuals acting as responsible adults for accompanied and unaccompanied children.

What is the Statement of Evidence Form (SEF)?

The SEF is the initial opportunity to inform the Home Office about the child’s protection needs as well as gathering a wide range of information including details about the child’s family, their journey to the UK, documentation, criminality concerns, family tracing and their physical and mental health.

Before making a decision to conduct a substantive asylum interview with a child, the Home Office staff will review all the available information, including in relation to their physical and mental health to establish whether it is in the child’s best interests to be interviewed.

If it is determined that an interview is appropriate, the aim of the SEF is to reduce the length of the asylum interview as far as possible. The Home Office recognises the need to ensure that asylum interviews should not be tiring for the child. All decision makers that undertake children’s interviews have specialist training to sensitively and professionally interview and decide children’s asylum claims and identify child-specific forms of persecution.

Where it is assessed that information within the SEF is inconsistent, contradictory, improbable or insufficient, the Home Office decision maker will utilise the SEF in order to narrow the field of questions required in the asylum interview or seek further clarification.

The SEF is designed to ensure that the important areas of a claim are addressed and completed in a structured manner. Each section targets a specific area of importance and is designed to assist the Home Office to carry out its functions. Legal representatives should use the SEF to outline the necessary information, rather than completing a separate witness statement in lieu of the SEF. Where further information is needed, this can be included by manually extending the boxes within the electronic form.

Who should complete a Statement of Evidence Form?

It is expected that a child (either accompanied or unaccompanied) with the assistance of a legal representative should complete the information within the SEF and be supported by a responsible adult at the time of completion.

How do I find a legal representative to complete the SEF?

Children making an asylum claim in their own right are eligible for assistance in the form of legal aid.

You can find a legal adviser with a legal aid contract through the Ministry of Justice website

You can find solicitors through The Law Society:

• The Law Society if you live in England or Wales

• The Law Society of Scotland

• The Law Society of Northern Ireland

You can search for an immigration advisor Office of the Immigration Services Commissioner (OISC). You will need to ensure the immigration adviser is acting at the appropriate level.

The Independent Unaccompanied Asylum Seeking Children Support Service (IUSS) operated by the Refugee Council can provide information and support to unaccompanied children seeking asylum to help them with their asylum application, including how to access legal representation. They can be contacted on freephone advice number on 0808 175 3499 or by email children@refugeecouncil.org.uk

If they think you have given poor advice or provided an inadequate service by a legal representative, you have the right to make a complaint to the relevant regulatory body.

What should happen once you have secured legal representation?

Once legal representation is secured the legal representative must provide the Home Office with a Letter of Authority so that records can be updated, and a communication channel can be established with the Home Office. A scanned copy of the letter of authority can be sent to CSCPUEnquiries@homeoffice.gov.uk.

Where should I send a completed SEF?

A SEF should be completed within 60 days from the date of the welfare interview and returned to the following email address CSCPUEnquiries@homeoffice.gov.uk.

What should I do if I have started completing a previous version of the SEF?

You should continue to complete the previous version of the SEF and submit this to the following email address CSCPUEnquiries@homeoffice.gov.uk. There is no need to transfer the information to the new version.

What if the child turns 18, should a SEF still be completed?

Once a child turns 18 there is no requirement to complete a SEF. The former child’s case will be reviewed and where appropriate, will be invited to an asylum interview to enable efficient processing of the case. The Home Office will contact the legal representative to establish whether a SEF has been completed or is in the process of being completed. If it is confirmed that the SEF has not started before 60 day time limit has surpassed, the former child will be invited to interview. The children’s asylum processing guidance will be updated shortly to set out this position.

Should I complete a SEF for nationals that are eligible for Streamlined Asylum Processing?

Streamlined Asylum Processing for Children enables nationals of Afghanistan, Eritrea, Sudan, Syria and Vietnam who claimed asylum by 6 March 2023 as children to present their evidence in a manner that mirrors the SEF. To avoid the child having to repeat information which is unlikely be in their best interests, legal representatives should be mindful that the Home Office has procedures in place for this specific cohort. Where a legal representative wishes to prioritise completion of SEFs they may wish to prioritise SEFs for nationals outside of this cohort.

Best practice when completing the SEF

General principles when completing the SEF

Legal representatives completing the SEF should ensure the child is aware of the asylum process and the purpose of the SEF and that they are supported throughout its completion. The SEF should be completed digitally. Legal representatives should:

• highlight that the Home Office will keep the information provided confidential, but reserves the right to disclose information in limited circumstances.

• emphasise the need to provide accurate and truthful information and that withholding information may later negatively impact on the outcome of their claim

• gather information sensitively about particular experiences that are difficult to describe.

• record the child’s testimony in the first person and make any representations separately (if needed).

• be aware that the child may not wish to disclose certain aspects and if so outline this within the SEF.

• where available, familiarise themselves with the country policy and information notes or other sources relevant to the child’s protection claim/risk and convention grounds.

• gather a general outline of the claim to understand the material elements of the claim.

• outline events that may have occurred in a chronological manner. Where dates are difficult to remember, try to provide approximate dates after an event or link this to another event that the child may be able to recall.

• utilise the majority of the interviewing time to focus on gathering detailed information on circumstances, events or experiences that may place the child at risk in the context of their claim which is related to their fear.

• keep in mind the child’s ability to provide information in relation to factors such as their age, gender, maturity, cultural background, life experiences, knowledge, negative experiences and time since arriving in the UK.

• if there are multiple events of ill-treatment to the claimant or family members, these should be briefly covered with greater focus on the last event that may have led to the child ultimately fleeing their home country.

• include any information that overlaps with family members the child is aware of that have an asylum application either pending or determined in the UK.

• outline whether the child is aware of anything that has occurred either to family/friends post-flight and how they know about this.

• only collect, translate (where appropriate) and submit documents from the child or from third parties that can potentially substantiate elements of the child’s asylum/human rights claim which the child has difficulty explaining, this may include a written statement.

• where social media activity may form part of the child’s asylum claim, include screenshots separately.

SEF specific instructions

The SEF is separated into different sections. Further information is provided to specific questions to provide clarity to legal representatives when completing the SEF.

Section 1 – Details required for Home Office interview

For planning purposes and in instances where an asylum interview is appropriate, this section is to gather information related to how the Home Office can best support the asylum interview booking process.

Section and question	Further information
1.1	This is the language the claimant is most comfortable communicating in.
1.2	Please list any other languages that the claimant can speak.
1.3	The Home Office will make every effort to accommodate this request where it is operationally practical. If it cannot be accommodated the Home Office will seek to proceed with the interview where it is reasonable to do so and record that the request was not met.
1.4	The Home Office will make every effort to accommodate this request where it is operationally practical. If it cannot be accommodated the Home Office will seek to proceed with the interview where it is reasonable to do so and record that the request was not met.
1.5	The Home Office by default now utilises a secure video conferencing process for asylum interviews where it can do so. This is our preferred method to interview the claimant and avoid prolonged journeys. If there are reasons why the claimant would not feel comfortable conducting a video interview please explain why. Requests will be considered on a case-by-case basis.

Section 2 – Personal Details

This section is to gather basic background information about the claimant. Please give extra attention to the spelling of the claimant’s name to avoid errors, as details provided will be used for further communication and any necessary documentation that may be issued.

Section and question	Further information
2.3	This should include any other names used in official records as well as aliases which the claimant has used, is known by, or had been provided in documents given to them by others. If unknown or no other names have been used write ‘not applicable’.
2.4	To be completed in the Gregorian calendar in following format DD/MM/YYYY
2.8	Include whether the claimant identifies with a particular religion or belief system – this can include any theistic, non-theistic and atheistic beliefs.
2.9	A legal right to live in another country could include: - Countries where nationality/citizenship is held. - Countries where the claimant has residency rights either on a temporary or permanent basis irrespective of whether they have lived there or not.

Section 3 – Contact Details

The Home Office needs accurate information on where the claimant currently resides. This is needed for various reasons including notifying the claimant of any changes, interview invitations and to ensure they are safe.

Section and question	Further information
3.2	This section is only to be completed where the child is considered to be an accompanied asylum seeking child.

Section 4 – Health and Medical Details

Any information related to a medical condition that the claimant has will assist the Home Office in identifying and making potential adjustments to cater for the claimant’s needs, recognising potential vulnerabilities and taking account of this as part of the interview and decision making process.

Section and question	Further information
4.1(iv)	If the claimant has ongoing medical needs, please scan and attach any NHS letters/prescriptions that they have been given when returning the SEF.
4.2	If the claimant is not registered with a doctor in the UK, it is advisable that their social worker or responsible adult do so as soon as possible.

Section 5 – Family Details

The Home Office will attempt to trace family members of an unaccompanied child with the aim of restoring family links when it is safe and appropriate to do so and is in the best interests of the child. In order to do so, details of family members, including the UK are required. This section should not be completed if the child is accompanied.

Section and question	Further information
5.1	If you need to include additional family members, add further rows to the table. Deceased family members should not be listed.
5.2	Where the claimant is in contact with family members, including if they are in contact through other methods beyond modern means of communication, these should also be included.

Section 6 – Identity Documents and Journey to the UK

As part of the Home Office’s duty of care to children, we would like to know about the claimant’s journey to the UK. This will help us establish if they were mistreated or trafficked in anyway or understand what support they had/have in their home country.

Section and question	Further information
6.1	Identity or travel documents are likely to include: - Passports - Travel documents - National ID cards - Birth Certificates However, these can also include any regional or country specific documents that are used in the claimant’s home country.
6.3	This could be a family member, friend, agent, or a people smuggler.
6.4	If the fear relates to refugee sur place claim, the response to this question should be very brief. The following points would be useful to cover where the claimant’s fear relates to matters that were pre-flight: - When did the claimant first become aware they had to leave the country? - Who informed them? - What was the date they left their home country? - Who arranged the claimant’s exit and journey to the UK? - Who funded the journey? - Do they know the cost, and how the money was raised? - Were there plans to arrange travel for other family members? Please include any other pertinent details regarding the claimant’s journey being arranged.
6.5	It is important that the claimant provides a basic timeline of their journey to the UK from their home country. This should include the length of time they spent in other countries, particularly if they travelled irregularly. The following aspects should be explored if relevant: - Did anyone assist them in part, or throughout their journey to the UK? - Did they have any contact with the authorities in these countries? - If they did have contact with the authorities, did they claim asylum and/or seek support?

Section 7 – Criminality and Security

These are standard questions that are asked to all children claiming asylum. All questions in this section must be completed. Failure to do so may result in a delay to the asylum application.

Section and question	Further information
7.1	Further information on the definition please refer to the Crown Prosecution Service website

Section 8 - Nationality

Regardless of any documentation related to nationality that may be provided, this section must be completed. Please provide as much information as possible on the claimant’s background and life experience in their home country or place of habitual residence. It is imperative that the information gathered is to a reasonably detailed level which should be tailored to the claimant’s circumstances. A non-exhaustive list on what this may involve is provided below.

Section and question

Further information

8.1

Expected length: approximately 1 page. Background: - Brief outline of the claimants’ household/composition. - Outline places they have lived (in chronological order with dates). - Outline the claimant’s family financial circumstances in relation to other households where they lived. - How did the family financially earn an income and what did the claimant do to support? - If the claimant or their parents/ siblings worked for a particular business/organisation, what was the name/location/address. Schooling - Outline any education, including names of places the claimant attended and ages they studied up until (specify formal/informal e.g., the claimant may have attended a religious schooling). Day to day living: - What was a typical day like for the claimant? - Did they have friends, and where did they live in relation to the claimant? - If the claimant travelled to other places, where did they travel to, what transport did they use, and what areas they did they pass through to get there? - What was the purpose of their visits? - If the claimant needed medical attention, which hospital/medical facility would they attend? - Did the claimant do anything for enjoyment, if so, what did they do and what did this involve? - Would they watch television or listen to the radio, if so what would they watch/listen to? Rural lifestyle (if applicable): If the claimant is from a rural area, ask the claimant if they can recall any geographical features close by such as: - Names of nearby villages, rivers, mountains, hills, forests, waterfalls, reservoirs, refugee camps, regional/district capitals etc. - What languages were spoken where the claimant was living? - Where there any other ethnic groups that lived locally? - If farming was main source of income locally, what was farmed? Local area - Had anything happened in their local area whilst they were living there that caused significant interest by the locals? - Is the claimant’s area known to have any famous personalities? - Did the claimants family have a have a mobile phone and can they recall the network/number?

Section 9 – Asylum Claim

It is important for the Home Office to gather information about the reasons why the claimant is seeking protection in the United Kingdom.

Section and question	Further information
9.1	If there are multiple people that the claimant fears, please list all of these in each section, and why they fear them
9.2	Expected length: approximately 2 pages provided. Please ensure the claimant provides as much information as they are able to. Some areas that may be beneficial to discuss are: General - Did the claimant or their family face any problems? - When did it happen? - Where did it happen? - How did it happen? - Why did it happen? - What was the impact of these events? - What happened to them and/or their family before they left? - Was there a specific event that led to them leaving their country of origin? - What do they think may happen if they are returned home? If the claim is partly or wholly based on race, ethnic origin, or nationality, or that of someone in their family, some useful areas to discuss are: - Identify which race or ethnic group the claimant considers that they belong to? - What defines them as a group, or what would allow others to identify them as being a part of their group? - Is there anything specific that their group does. For example, traditions, professions, languages? If the claim is partly or wholly based on their religion, or that of someone in their family, some useful areas to discuss are: - Identify what religion or religious group they belong to - Whether or not they have always been of this religious faith - If they have had any difficulty practising their religion in their home country, and what these difficulties are. - What activities they undertook? - How did their religion or faith cause difficulties for them in their home country? If the claim is partly or wholly based on their political opinions, or those of someone in their family, some useful areas to discuss are: - If the claimant (or family member) is a member or supporter of any political organisation (either in their country of nationality or in the UK), please indicate: - Which organisation(s) they are involved with - When they became involved with this organisation - What their role within the organisation was / is - The reason they became interested in the organisation - Whether or not they are or were an official member - How did their political opinion cause difficulties for them in their home country? - If they have attended any rallies, demonstrations or public meetings organised by any of the organisations mentioned (or for any other political party), please indicate - Where the demonstration or rallies took place - What happened, providing dates where possible - Who organised these rallies - Who else was involved - If anyone in the claimant’s family or friends has been involved in any political parties or activities please outline - Which specifically was involved - Which political party/organisation do/did they belong to or support - The activities they carry out for the political party/organisation - Any assistance they provided Arrests - If the claimant, family or friends have been arrested, do they know: - When they were arrested - Why they were arrested - Who they were arrested by - If they were detained, how long they had been detained. - Whether they were ever questioned - If they were ever made to sign a confession - If they know the details of what they signed - If they were ever mistreated as part of their detention - How long after were they released.
9.3	If the claimant or their family have reported any of the incidents that they have described to the police or to other state authorities: - Who did the claimant or their family members report the incidents to? - What was the response? Please give full details as far as the claimant can recollect - Were they or their family content with how the authorities dealt with any complaint? If the claimant or their family members didn’t report any of the incidents that the claimant has described to the police or to other state authorities: - Why didn’t the claimant or their family members complain to the police or other state authorities? - Could they go to the police or other authorities if returned home? If not, why not? Were any complaints made to higher authorities or non-governmental organisations? - If the claimant or their family members did make an official complaint what was the outcome? - If the claimant or their family members did not complain to a higher authority, why did they not do this? - Could the claimant make a complaint to a higher authority if they went home? If not, why not?
9.4	If the claimant and their family had moved to a different town/village or to another part of their country: - Was it to avoid the incidents they have described above? - If they did, please tell us where they and/or their family went and when. - How long did they and/or their family stay there and whom did they stay with? - Why could they and/or their family not stay there instead of coming to the UK? - Could they return there to avoid any ongoing problems? If the family did not try to relocate: - Why did they not try to relocate to another area? - Would there be any reason you would not be able to relocate to another area in the future?
9.5	If the claimant has been involved: - What activities has the claimant been involved in? - What was their role? - Did they do anything to attempt to protect themselves from being identified? If not, why not?
9.6	Documents that relate to your asylum claim should be listed here. It is not an expectation that documentary evidence should be provided unless these are readily available. Documents that can support the claim should be provided. Documents could include: - Letters of support from UK organisations (this includes places of worship) - Photographic evidence that supports the claim - Documents from the country of origin (police reports, organisational letters of support, threats received etc) All documents should be translated into English, and both the translation and the original (where available) provided to the Home Office.

Section 10 - Declaration

A declaration from the claimant and the legal representative is required.

Section and question	Response needed
All questions	Both sections must be signed digitally by the relevant parties.