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When an unaccompanied minor child enters the UK seeking asylum, some would have their age disputed by the authorities, and would have to be subject to an age assessment by the relevant Local Authorities. Normally, such referrals would be made by the Home Office before any decision can be taken on the asylum claims.

Almost all of these children have no form of identification, having fled war torn countries. They have no way of proving their age with documentary evidence. In some cultures they don’t even celebrate birthdays and do not consider birthdays an important milestone, as we do here in the UK. More often than not the social workers fail to have any consideration of the cultural backgrounds of the individual child. There is no consideration of the fact that the ordeals to which these children are subjected would ‘age’ them more than a child of their age, more than a child who has had a better lifestyle and upbringing.

In order for an age assessment to be valid, it must comply with the findings of R (B) v Merton LBC [2003] 4 All ER 280 (or what is commonly referred to as the age assessment being “Merton Compliant”), where the Court provides guidance as to the conduct of an age assessment.

With the influx of refugees in recent years, we come across more and more people whose ages are disputed, and who are subject to age assessments. Unfortunately, we also come across more and more non-Merton Compliant age assessments from Local Authorities, which then leaves the young people concerned in a state of uncertainty sometimes shipped between different local authorities, and even between local authorities and Home Office, with each trying to dissolve themselves of responsibility for the care of these young people.

We come across instances where the individual child is age assessed older than their actual age, and they are then enrolled in the wrong level of education, registered with a GP older than they actually are, and so on. This puts the young person concerned at risk of being prescribed the wrong medication for their age. They do not receive the correct level of education they require and do not get the support that they desperately need, especially taking into account the harrowing experiences some have faced en route to the UK. In some instances, this also means that some children are unlawfully detained under the Immigration powers and are detained with the general population within the immigration detention centres, thus exposing them to further risk.

Bahar Ata, the author, is a Director within our Immigration and Public Law Departments. Herself and Jemma Garside, Director of Community Care Departments, both have established practices in challenging non-Merton Compliant age assessments.

Unaccompanied Minors may be entitled to Legal Aid. Please contact one of our Immigration Solicitors to see if you qualify for Legal Aid. Our Immigration Solicitors will be able to attend the screening interview with the unaccompanied minor to advise and be present during the interview process. Our Immigration Lawyers also assist unaccompanied minors in preparing for their appeal if their initial application has been refused by the UK Border Agency. Legal Aid is also available for appeals.

Duncan Lewis Immigration Solicitors

Duncan Lewis Immigration Solicitors are one of the UK’s leading providers of immigration services and can advise on asylum application and appeals, right to work in the UK, spousal visas and British citizenship.

Our immigration specialists and are able to advise on business immigration and Tier-2 visa applications and appeals, student and graduate visas and visa overstays.

There are Duncan Lewis offices nationwide and in most major cities, including more than 20 offices across London and the southeast.

For expert legal advice on UK immigration law, call Duncan Lewis immigration solicitors on 0333 772 0409.

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