European legal and policy framework on immigration detention of children office agrees and if the accommodation guarantees family unity and privacy,204 as required by Article 11 (2) of the Reception Conditions Directive.205 In Italy, children are not detained with their parents, but it is possible when at least one of the parents submits a request or if the juvenile court decides that it is in the best interests of the child.206 In Slovakia, the Supreme Court has ordered release from detention and annulled the judgement of the regional court in Kosice that confirmed the decision of the police ordering detention of a female Afghan asylum seeker and her three minor children who claimed asylum in Slovakia. The family was placed in a detention facility of a closed type, regardless of the fact that the applicant was able to provide cash bail. The Supreme Court in its judgement said that due to the fact that detention poses serious restriction of liberty, it needs to be assessed in each individual case and the measure chosen must be the least intrusive and restrictive one, whereby the options for alternatives to detention need to be considered first as well as the best interests of the child. The Supreme Court has in its ruling made several references to the judgements of the European Court of Human Rights. When authorities decide on a possible detention of the child with their family, or separation of family members as a matter of law or practice, FRA has found no evidence that a best-interests assessment is conducted in each individual case or that the competent child protection authorities are involved (see also Section 7.2), as would normally be the case under criminal detention. Without such an assessment, depriving children of liberty to keep the family together would not respect the requirements deriving from Article 24 of the Charter (rights of the child). Promising practice Seeking the advice of specialised bodies At least two EU Member States have established special committees to advise authorities on the child’s best interests, when detention of parents is considered. These bodies have helped reduce instances of arbitrary child detention. In Cyprus, families with children are not detained. When the authorities consider the necessity to detain parents, they seek the views of a special committee. The special committee convenes to decide whether the mother of a child can be detained, while the child is placed in alternative care, or not. In 2012, the United Kingdom appointed 11 child welfare experts as full members of a  panel advising the government on the removal of families. The Independent Family Returns Panel makes recommendations to Home Office workers on the best method of returning individual families to their home country, ensuring that the specific welfare needs of children are met. The panel recommends avoiding the separation of families for removal purposes unless as a last resort. Overall, the process is effective in avoiding unnecessary detention, according to statistics in its 2014–16 report. In 2014–16, of the 1,470 families who left the country, 1,323 did so voluntarily, 89 families left with assisted voluntary return and 14 families left with other support. Thus 97 % of families who left the country did so without the need for an ensured return, which can include detention. This compares favourably with previous reporting periods, when the figures were 51  % (2011–12) and 76  % (2012–14). The data also reflect a positive trend of smaller numbers of families being arrested as part of the returns process, as well as a significantly greater proportion of families returning voluntarily or with assistance. Sources: UK Visas and Immigration, Report on the family returns process by the Independent Family Returns Panel for 2014 to 2016, 19 January 2017; Home Office (2012), UK government webpage on the issue; Independent Families Return Panel (2012), Annual Report 2011/2012 204 Spain, Article 62.bis (1) of the Organic Law 4/2000 (Aliens Act). 205 Reception Conditions Directive, Article 11(2). 206 Italy, The Ministry of the Interior’s General Directive on Detention Centres and assistance pursuant to Article 22 (Ministero dell’Interno - Direzione generale dei servizi civili Circolare del 30 agosto 2000), para. 1 of Decree of the President of the Republic No. 394 of 31 August 1999, adopted on 30 August 2000, Article 2 (f). 56