Detention of third-country nationals in return procedures these countries, Latvia and Luxembourg, the research did however not find any evidence confirming that a separated child has ever been kept in pre-removal detention.347 Denmark and Latvia have set the bar at 14 years,354 whereas in the Czech Republic separated children below 15 years cannot be detained.355 Among those countries that allow the detention of separated children some make express reference in their national laws to the fact that detention is only allowed exceptionally.348 Policy guidance in the UK states that unaccompanied minors “must only ever be detained in the most exceptional circumstances and, then, only overnight, with appropriate care, whilst alternative arrangements for their safety are made”.349 A few countries require in their legislation that facilities where separated children are held are equipped to cater for the needs of children and thus ensuring enjoyment of their rights under the Convention on the Rights of the Child while they are deprived of liberty. Various other safeguards to limit the detention of separated children can be found in domestic law as the following examples illustrate. The Austrian Higher Administrative Court as well as a German court has required a higher threshold, as compared to adults, in order to conclude that alternatives to detention would not suffice.350 In Finland, before a child is placed in detention, the representative of the social welfare authorities shall be heard351 and the best interests of the child shall be duly considered.352 Furthermore, pre-removal detention of separated children below a certain age is prohibited in at least six countries. Such age can, however, be rather low; as for example the prohibition to detain separated children below 12 years in Greece or the Netherlands.353 Austria, Articles 124(1) and 125(1) read in conjunction with Section 178; Finland, Aliens Act, Section 123 (not keeping unaccompanied minors in police detention); Greece, Presidential Decree No. 140/91 at Article 118; Poland, Act on Aliens, Article 101 and Article 102; Latvia; Immigration Law, Ch. VII, Article 51; Lithuania, Aliens Act, Article 114 (3); Luxemburg, Immigration Law, Article 120; The Netherlands, Vc 2000 A6/1.5. a-c. (unaccompanied minors between the ages of 12 and 16 years can only be detained if they can be transferred to a detention centre for youth within four days); Sweden, Aliens Act, Chapter 10, Section 3; and the UK, UK Border Agency Code of Practice for keeping children safe from harm, p. 5. Malta and Romania do not have a specific legal provision making reference to detention of separated children. In Malta, children are detained until medical clearance is given and age assessment concluded. For Denmark see below, footnote 347. 347 Communication of 5 June 2009 from Caritas, Luxembourg. 348 Bulgaria, Article 44(9) of the Law on Foreigners and Sweden, Ch. 10, Sec. 3, Aliens Act. 349 UKBA, Operational Enforcement Manual, Ch. 26.1. 350 See, for Austria, decisions by the Verwaltungsgerichtshof [Higher Administrative Court] of 24 October 2007, 2007/21/0370 and 29 April 2008, 2007/21/0079 referring to Section 77(2) of the Aliens Police Act available online at: http://www.ris.bka.gv.at/Vwgh, and for Germany, Oberlandesgericht [Regional Court] Cologne, decision of 11 September 2002, case No. 16 Wx 164/02, http://www. abschiebungshaft.de/home/R125.html. See also the Danish Administrative of Justice Act, Chapter 75(b), paragraph 821(a), available online at: https:// www.retsinformation.dk/Forms/R0710.aspx?id=105378: the act provides that before deciding to detain a child, it must be confirmed that it is impossible to achieve the purpose of the detention by less intervening measures. 351 Aliens Act, Section 122. 352 Aliens Act, Section 6(1). 353 Greece, Presidential Decree No. 140/91, at Article 118, Netherlands, Vc 2000 A6/5.1.5. 60 In the Netherlands, for example, unaccompanied children between the ages of 12 and 16 years can only be detained if they can be transferred to a detention centre for youth within four days.356 In Luxembourg, unaccompanied children shall be placed in detention in an appropriate place.357 In Finland, unaccompanied children may not be placed in a Police or Border Guard detention facility, even in exceptional circumstances and a representative of the social welfare authorities has to be heard before detaining a child.358 In Bulgaria, special areas designed for the needs of children have to be set up within the detention facility.359 FRA Opinion Several EU Member States currently prohibit the detention of separated and/or unaccompanied children, whereas others allow it only in very exceptional circumstances. This is a good practice that should be maintained and followed by other states, also in light of the provision at Article 4.3 of the Return Directive which allows adopting or maintaining more favourable provisions. It is namely difficult to imagine a case in which the detention of a separated or unaccompanied child simply for securing his or her removal would comply with the requirements of the Convention of the Rights of the Child. 354 The Austrian Ministry of Interior reported the existence of an internal ministerial decree prohibiting the detention of children under 14. See Anfragebeantwortung 748/AB XXIII. GP, answer in response to questions 1 and 2. For Denmark, see Written replies by the government of Denmark concerning the list of issues (CRC/C/Q/DNK/3) received by the Committee on the Rights of the Child relating to the consideration of the third periodic report of Denmark (CRC/C/129/Add.3), 18 August 2005 at page 55 according to which under part 69 of the Act on Administration of Justice part a child younger than 15 can never be detained for more than 24 hours. For Latvia, see Immigration Law at Section 51.1. 355 See FORA Article 124.1 read in conjunction with Section 178. 356 Vc 2000 A6/5.1.5. 357 Immigration Law, Article 120. 358 Aliens Act, sections 122 and 123(5), as amended 581/2005 (in force 15.07.2005). 359 Law on Foreigners, Article 44.9.