Background:

Upon arrival in Luxembourg, an unaccompanied minor (UAM) is referred to the international protection procedure. Currently, an ad hoc administrator, who is a lawyer, is appointed by the family court to assist and represent the young person in the international protection procedure. At the request of the UAM’s reception facility, a guardian may be appointed by the same judge for a more comprehensive follow-up. The time period to appoint the ad hoc administrator and the guardian can be long, from a few weeks to a few months. Since the rapid establishment of a specially trained guardian is crucial to providing children with the best possible care in terms of protection, procedure, and daily life, the Luxembourg Ombudsman for Children and Youth would like to collect information on good practices in other Member States with a focus on the guardianship of UAMs.

Respondents:

No less than 23 Member States, including Belgium, replied to the ad hoc query.

Findings:

Among other findings:

• In BE, as in 11 other Member States, there is specific legislation regulating the appointment of guardians. In five of these Member States general civil law also applies.
   
• In contrast with the arrangement in BE, it is possible in 19 Member States to appoint family members as guardians for unaccompanied minors, provided they meet the applicable requirements.
   
• 16 Member States report that there is a system in place to monitor the work of the guardians and/or deal with complaints against guardians.

For further information, please read the compilation of answers above.