of victim of trafficking is uncertain and there are reasons to believe that the person is a child, member states must ensure that the victim is presumed to be a child so that he or she can receive immediate access to assistance, support and protection.229 Allowing the child some form of right to remain in the country of destination is a prerequisite to assessing the child’s best interests.230 UNICEF recommends that the relevant authorities in the destination country be required to provide foreign child victims with temporary documents and temporary legal authorization to remain, in order to ensure that the child is not deported before a durable solution has been found.231 There is a lack of EU legislation and policy addressing the situation of children who cannot be returned and, as such, the granting of residence permits for humanitarian or other reasons is a matter of national legislation.232 Legal guardian and legal representation In cases of unaccompanied or separated children, the CRC sees the prompt appointment of a guardian as a key procedural safeguard for ensuring that the best interests of the child are met.233 A child should not be referred to any other procedures before a guardian has been appointed, and when so referred to administrative or judicial proceedings, the child should, in addition to the guardian, be provided with a legal representative.234 The guardianship should be maintained until the child reaches majority or permanently leaves the territory and/or jurisdiction of the destination state.235 While the preferred option in the case of a separated child is that guardianship be assigned to an accompanying adult family member, in cases of trafficking, the suitability of family members needs to be carefully assessed in terms of their potential role in the child being trafficked in the first place.236 229  EU Trafficking Directive, art. 13 (2). 230  See CRC General Comment No. 6, para. 20. The UNICEF Reference Guide on Protecting the Rights of Child Victims of Trafficking in Europe states that “Promptly regularizing the child’s legal status is an important step in the protection process so that a trafficked child is not repatriated inappropriately. At a minimum this means granting the child temporary legal status that allow her or him to remain in the country to which they have been trafficked and now find themselves – at least until risk and security assessments are carried out and a durable solution for the child is determined. This process is likely to take months rather than weeks.” (See UN Children’s Fund (UNICEF), Reference Guide on Protecting the Rights of Child Victims of Trafficking in Europe, 2006, p. 75). 231  Authorities also have the responsibility to ensure that immigration services are instructed not to deport any child who is believed to be a victim of trafficking, regardless of whether the child is legally entitled to remain (see UNICEF Reference Guide on Protecting the Rights of Child Victims of Trafficking in Europe, p. 76). 232  EU Action Plan on Unaccompanied Minors, p. 14. 233  CRC General Comment No. 6, para. 21. 234  Ibid. In cases of unaccompanied or separated children, legal representation should be provided free of charge (Ibid., para. 69). See also CRC General Comment No. 14, para. 97. 235  CRC General Comment No. 6, para. 33. See also UNICEF Trafficking Guidelines, pp. 16-17. 236  Ibid., para. 34. See also UNICEF Reference Guide on Protecting the Rights of Child Victims of Trafficking in Europe, p. 52 Part 2: Explanatory Report to the Principles 71