Age Assessment
Who decides the age of a young asylum seeker – the Home Office or the local children's services authority?
An asylum applicant arriving in the UK either without documentation which establishes their age (for example, a valid passport), or with documentation that the Immigration Service regards as suspect, and who is also claiming to be a minor (a person under the age of 18) will have their age 'assessed' to establish:
(a) whether they should be subjected to the adult or child asylum determination procedures; and
(b) who has responsibility for their accommodation and support while their asylum application is processed.
Issue (a) is primarily of concern to the UK Border Agency (UKBA) while issue (b) is of concern both to the both the UKBA with regards its asylum support - the provision of accommodation and support to destitute adult asylum seekers - and the local children's service authority.
The children's service authority in the area where the young person presents as an asylum seeker will need to decide on the age of the individual to establish if it has a duty to assist or look after them under Part III of the Children Act 1989.
Section 17 of the Act requires the children's service authority to 'safeguard and promote the welfare of children within their area who are in need' and, where they are found to be a child in need (by the department), Section 20 requires it to 'provide accommodation for them as a result of (a) there being no person who has responsibility for him; (b) his being lost or having been abandoned; or (c) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation'.
If the children's service authority decides that the applicant is not a minor and, therefore, not a child in need, then it does not have a duty towards them and will send them to receive UKBA asylum support. The age assessment made by a local children's service authority to establish if it has a duty under Part III of the Children Act 1989 must be lawfully conducted. The requirements of a lawful age assessment by a local authority are summarised in the "Merton information note". Age assessments that do not meet these requirements may be open to legal challenge. It should be noted in particular that it is not lawful for a local authority to simply adopt a decision on age made by the Home Office, but must decide on the matter themselves.
The UKBA will also want to make an assessment of the person's age, but has a stated policy that where "a Merton compliant age assessment report from a local authority later assesses an applicant as being under 18 [its] decision to dispute age must be withdrawn and our records amended to reflect the conclusion" (see UKBA Guidance on Disputed Age Cases)
The UKBA Case Owner should check whether the applicant has been referred to a local authority and whether a Merton compliant age assessment has been requested. If the UKBA refuses to accept an age assessment made by the local children's services authority, that refusal may be open to legal challenge and the young person's immigration lawyer/advisor should be contacted.
Revised: 23/01/08
