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Guidance Document

AGE ASSESSMENT UASC

Guidance Document AGE ASSESSMENT UASC

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Document Control

Document Title: AGE ASSESSMENT OF UNACCOMPANIED ASYLUM SEEKING CHILD

Summary

Publication Date September 2016

Related Legislation / Applicable Section of Legislation

Related Policies, Strategies, Guideline Documents

Replaces

Joint Guidance Document (Yes/No) No

Name of Partner(s) if joint

Guidance Document Owner (Name/Position) Jill McGregor, Assistant Director

Guidance Document Author (Name/Position) Sandra Bruce, Head of Service

Review of Guidance Document

Last Review Date

Review undertaken by September 2019

Next Review Date September 2020

Document Approvals This document requires the following approvals.

Name Title Date of Issue Version Number


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Components of Your Guidance Document

Contents

CONTENT PAGE

1 Introduction

2

2 Overview of Age Assessment

3

3 Legal Framework

4

4 Conducting Age Assessment

4

5 Time Frame

10

6 Key Issues around UASC

11

Appendix 1

Age Assessment of UASC – things to consider 15

Appendix 2 Flow Chart 19

Appendix 3 Equality Impact Assessment 19

1. Introduction The 2014 and 2015 Guidance documents make it clear that if the User (Social Worker) is reading this document it means that they have already concluded that there is a significant reason to doubt the claimant is a child. Therefore, it is this ‘significant doubt’ that requires the assessment to be undertaken. The entirety of the document should be read, with the understanding that it is not routine to undertake Age Assessments. An Age Assessment should be recorded on the Age Assessment for Unaccompanied Asylum Seeking Children which is located within the Forms Tab of LCS. However a case note should be recorded to indicate the reason for ‘significant doubt’ which triggered the assessment. The difficulty involved in assessing the Age of unaccompanied asylum seeking children (UASC), who claim to be under 18 years of Age has been an ongoing issue raised by Local Authorities. How Age Assessments (AA) should be conducted, who should be involved, what should be considered, information gathering and resources are just some of the areas Local Authorities address in carrying out this area of work. In some cases the outcome of AA has resulted in judicial reviews and judgements being passed, which has impacted on Local Authority practice in carrying out such Assessments. The purpose of an AA is to determine whether a young person is entitled to support services rather than whether a young person should be in the country. The role of Children’s Social Care in conducting an AA is


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to determine whether a young person is a ‘child in need’ and entitled to support under the Children Act 1989. The Merton judgement, R (B)-v-London Borough of Merton [2003] is one of the main judgements that paved the way to providing some guidance in conducting an AA in the context of a judicial review. A Merton Compliant Assessment is one of the legal standards for a formal Assessment. The Merton judgement is compliant to all case law and gives guidance as to the requirements of a lawful assessment by a Local Authority of the age of a young asylum seeker claiming to be under the age of 18 years. All Local Authorities are required, following the Merton Judgement, to ensure that their assessments are full and comprehensive, and that the process for assessing age is clear, transparent and fair. The Assessment would normally include a face to face meeting with the young person, set out the general background and adhere to standards of fairness. The Immigration and Nationality Directorate devised the ‘Age Assessment Joint Working Protocol’ (2006) in consultation with the ADSS. However many issues around Age Assessment have evolved since this document was circulated. The UK Border Agency (UKBA) has an in-house process for assessing Age. Local Authority practitioners have their individual approach to conducting Assessments. Although there is a field of knowledge, information and practice, we have yet to see statutory / uniformed guidance on conducting Age Assessment and the key factors involved.

1.2 The Guidance This document aims to provide Local Authority practitioners with good practice guidance on conducting Age Assessments on unaccompanied asylum seeking children and young people based upon their knowledge, experience and expertise. The Good Practice Guidance highlights key areas to consider when conducting an Age Assessment and the process that should be followed. It identifies common threads Local Authorities have raised and provides clarification on issues raised. The guidance applies to unaccompanied asylum seeking children (UASC) / separated children. These are young people who have entered the UK without a responsible adult, who may have been trafficked and may / may not have claimed asylum. For the purpose of the guidance an Age Assessment is conducted on a “child in need” who has either been referred via Greater Manchester Police or UKBA. THE CONTENTS OF THIS DOCUMENT ARE FOR GUIDANCE ONLY. IT IS NOT LEGAL ADVICE AND IS NOT LEGALLY BINDING. LOCAL AUTHORITIES MAY STILL BE SUBJECT TO JUDICIAL REVIEW.

2. Overview of Age Assessment An Age Assessment is conducted by Local Authorities on young people presenting as 16-17 year old. The Assessment is to determine whether they are entitled to statutory support.


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The Age Assessment is a process that explores and researches necessary information to establish a young person’s Age. It is a continuous process that may be revisited depending on the outcome or new information. The Local Authority may have to conduct many enquiries and hold several interviews with the young person in order to determine Age and provide a decision. Once an Age Assessment is fully completed a young person will be either supported by the Local Authority under S20 of the Children Act 1989 or referred to Asylum Support (AS) if assessed as over 18 years of Age.

3. Legal Framework 3.1 Local Authorities should establish the child or young person’s immigration status, valid asylum claim, legal rights and whether the young person has been Age disputed. The legislations listed below are relevant when conducting an Age Assessment, however are not an exhaustive list.

Children Act 1989/ 2004

Children (Leaving Care) Act 2000

Immigration & Asylum Act 1999

UK Border Agency Act 2007

Border, Citizen & Immigration Act 2009

4. Conducting an Age Assessment 4.1 When should a Local Authority conduct an Age Assessment? An Age Assessment is conducted to determine whether the young person presenting is a child. This then determines whether a UASC is entitled to statutory support. An Age Assessment may be required for rota referral cases. 4.1.2 A Local Authority should conduct an Age Assessment when: Age is disputed by a Local Authority, UKBA or others. This is about an Assessment for a child in need. Under what statutory obligation is a Local Authority required to conduct an Age Assessment? The duty to undertake an Age Assessment arises from Section 17 of the Children Act 1989. Under s17 (1) (a) of this Act states: “It shall be the general duty of every Local Authority to safeguard and promote the welfare of children within their area who are in need“ A Local Authority is therefore under a duty to assess whether any child in their area is in need. This applies equally to those children from the UK and those who have just arrived in the country and may not have any status. An Age Assessment should be undertaken to establish whether the person is a child (under 18 years of Age) and if so to then assess any needs they may have. An Age Assessment is therefore undertaken to establish any duties that may be required under s17.


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S20 applies to young people with no accommodation however are “in need” of accommodation and acquire this and support from a Local Authority.

4.1.3 Should a Local Authority have to conduct an Age Assessment if required by the a) Court, b) UK Boarder Agency (UKBA) or c) young person? If an Assessment is required by the Court: In terms of the Court 'ordering' a Local Authority to conduct an Age Assessment, this may occur after an Assessment was judicially reviewed. The Court will undertake a fact-finding hearing and come to its own conclusion. If there is a Court Order in place which states that a Local Authority must undertake an Age Assessment, the order must be complied with. The Local Authority can make an application to the Court for the Order to be varied so the Local Authority does not have to undertake an Age Assessment but would have to have grounds on which to make the application. If there is a Court Order to undertake an Age Assessment and the Local Authority in question disagrees with this Order, then they should seek legal advice in relation to challenging the Order. b) If Assessment is required by UKBA: At the current time there is no statute which requires a Local Authority to undertake an Age Assessment on behalf of the UKBA when the person would not have any needs even if they were a child. It is the decision of the Local Authority to undertake an Age Assessment if they wish but they do not have a duty to do so. However, if a Local Authority does not intend to undertake such an Assessment they need to provide their reasons for this, making it clear that they consider the person would not be a child in need and the reasons for this (i.e. provide details of the support available to the person so illustrating that they would have any needs even if they are a child). c) Young Person If the young person requests a service the Local Authority must undertake an Age Assessment.

4.1.4 A Local Authority should carry out an Age Assessment in the following circumstances: a) The young person is registered with the Home Office and is referred via UKBA or the YP’s legal representative. b) The young person has been trafficked and there is an Age dispute issue. c) Re-assessment if new information is presented. d) Private fostering arrangements that comes to the attention of Local Authority. e) If the young person is placed in the community with a responsible adult. NB A case note should be recorded to indicate the reason for ‘significant doubt’ which triggered the assessment.


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A Local Authority should not carry out an Age Assessment if: a) A young person or a referrer does not request a service

4.2 Core Skills: Local Authority staff in carrying out Age Assessments must be:

Holistic in their approach

Objective

Non-judgemental throughout the process

Non-confrontational

Have good writing skills

Use a standardised pro-forma (Merton compliant Age Assessment form)

Provide clear analysis

Able to question the young person further or probe to clarify any discrepancies

Aware they should not contact the Embassy and disclose information relating to the young person for reasons of safeguarding the young person.

4.3 Local Authority /Social Worker Responsibility Local Authorities should be consistent in their approach to conducting the Age Assessments and keep the young person informed of what will happen in the Assessment.

The Local Authority must have sufficient resources to conduct Age Assessments.

Age Assessments must be Merton Compliant and should be carried out in the first instance by 2 qualified social workers that are trained in this area.

Follow any relevant guidelines that are available e.g. Merton Compliant and any other relevant guidance from case law.

Ensure all information in the report is supported by evidence from conversation, justification, documentation, thought process and clear reason for coming to the decision.

The entire process of the Age Assessment should be recorded.

Seek legal support in checking the Age Assessment form.

Social worker must acquire knowledge of stages in life at which a young person would acquire documents in their country of origin’s requirement.

Social worker is to take account of the young person’s cultural background and may need to do some research into this as well as be aware of the current political climate.

Social worker to record young person’s response in detail.

Social worker to put any discrepancies to the young person to give them the opportunity to respond.

Involve other professionals in the Age Assessment process where possible.

Obtain supporting evidence from teachers, fosters carers and other professionals involved in caring and interacting with the young person. For example previous local knowledge, if known.

Consistent joint working between Local Authorities and UKBA with reference to checking documents and passports.

Encourage regular meetings between the UKBA and Local Authority.

Verify any documents provided and origins of documents.

Forward a copy of the outcomes to the UASC and UKBA.


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4.4 Who should be present when conducting an Age Assessment?

Two qualified and appropriately trained social workers must be present to conduct the Age Assessment

A reputable interpreter who speaks the required language. The interpreter’s role and expectations must be clarified before and in the interview.

4.5 Interviewing

An Age Assessment may take place in one session or over a period of several interviews.

Sessions should not be more than 2 hours.

Social worker should ensure regular breaks during interview i.e. every 45 minutes and provide beverages.

Local Authorities to explore where a young person comes from to obtain background information relating to origin and culture in order to determine Age.

Young person should be made to feel comfortable in an unfamiliar environment.

Young person should feel supported.

Questions must be addressed to the young person and not the interpreter.

Language barriers should be overcome.

Ensure young person is aware that accommodation is provided.

Social worker to acknowledge any emotional health issues and trauma.

The Assessment must be conducted in a suitable space/interview room that is well ventilated.

4.6 Good Practice in working with Interpreters It is very important to ensure that a professional interpreter is booked for the Age Assessment and good practice in working with interpreters is followed. It is important to understand that the presence of an interpreter can affect the dynamics of an interview situation. This is particularly relevant in Age Assessment interviews when issues such as tone of voice, Age appropriate language and inconsistencies play a part in the Assessment.

Local Authorities must ensure reputable interpreters are present when conducting interviews.

An interpreter must be professional, trained and from a regulatory body.

An interpreter must play a good working role during the Assessment.

An interpreter should sign a contract to only translate what is required.

An interpreter must inform the social worker exactly what has been said by the young person to prevent adaptation, loss of information or distinguish fact.

There must be no collusion with young person.

An interpreter should be from the same country as the young person and speak the same dialect as the young person being assessed.

4.7 Adult Observer An adult observer should be present for a putative child. A Local Authority can use the following sources of adult observers if the young person agrees:

a. Litigation Friend b. Children’s Rights c. Independent Visitor Officers


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d. Key Worker e. Foster Carer f. Young Person’s relative or friends

An adult observer should be offered to young people, but will not necessarily be in the room if the young person does not request one.

4.8 Fair Assessment / Re-Assessment Social workers must explain to the young person who they are, their role, what they will be doing in the interview and why.

Social worker to inform the young person at the beginning of the interview the purpose of the Age Assessment, the process and ensure the young person understands i.e. that the Age Assessment is to determine whether he/she is eligible for support and not immigration.

Social worker must ensure a young person understands their rights. For example who can be present at the interview and being made aware of the Age Assessment outcome?

Social worker to ensure a fair process is in place, reassuring the young person and explaining stages of the Age Assessment.

Social worker to ensure young person feels at ease and should ask about their well-being during the Assessment.

Social worker to ensure the interpreter is working with them by interpreting exactly what is said by the young person and not drawing their own conclusion.

The Age Assessment must take into account other relevant judgements.

Age Assessment must be client focused.

Questions to the young person should be clear and concise.

Both social workers should take notes.

The Assessment should be objective and based upon fact.

The Assessment must be Merton Compliant R (B)-v- LB Merton [2003].

An appropriate adult or adult observer should be present in the room.

If there are doubts or inconsistencies in the information provided by a young person the social worker should state and ask appropriate questions to clarify doubt. This should be processed through open ended questions.

Benefit of the doubt must be given when conducting the Age Assessment.

The Assessment must not rely solely or primarily on physiological characteristics or factors.

The range of factors as listed on the Age Assessment form must be considered when observing young person. For example: physical appearance, demeanour, manner of interaction with peer and others, social history, family composition and developmental consideration.

The Age Assessment itself being a holistic process should take into account social, emotional and psychological indicators of age and need.

The interviewer should consider a wide range of background factors.

The Local Authority must ensure the young person is in an appropriate placement whilst conducting an Age Assessment. This will enable the social worker to liaise with staff in the unit regarding the young person’s general day to day behaviour and matters which could assist the Assessment.

Outcomes of the Age Assessment must be clearly outlined.

Ensure what is written on the Age Assessment form reflects the outcome.

Process used for completing the form must be recorded.

Social worker must follow through on tasks or issues identified.

Young people must be sign posted to relevant Agencies if any other issues are identified during the Age Assessment.


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Child development should be incorporated into all aspect of work.

Research should be taken into consideration during the Assessment

The Age Assessment should be a multi-disciplinary approach using professional knowledge of others.

Social worker to make use of community resources, UKBA and consult with inter-agencies.

Practice Manager or advanced practitioner to guide and assist social workers on completing the Age Assessment form.

Practice Manager to check information on the Age Assessment form before submitting to the Home Office.

Managers can use their legal team to approve the report before sending to the young person, legal parties or persons representing the young person. However this should not delay the process.

A copy of the Age Assessment must to be given to the young person.

Young person to be encouraged to discuss with their Solicitor in the first instance regarding sharing of information.

Social worker to ensure the young person is clear of the consequence of consenting to third party accessing their information.

Young person to give written consent before information on the full Age Assessment is shared with a third party.

If a person has been assessed as over 18 the Local Authority should refer to UKBA.

4.8.2 Re-Assessment - involving another Local Authority

Local Authority may carry out a re-assessment if new evidence or documentation is provided.

Local Authority should use discretion as to when re-assessment is required.

Local Authorities should work jointly in conducting Assessments for example if a Local Authority is asked to carry out a re-assessment, the Local Authority may approach another Local Authority to check the contents of the Age Assessment form and make comments.

4.9 Overcoming Barriers Timing, expertise and resources are all important factors to consider when conducting an Age Assessment.

Local Authorities should ask for any background information from any previous placements and UKBA prior to undertaking an Age Assessment.

Local Authorities should ensure they have clear information from the UKBA prior to making a decision.

Local Authorities to consult with LIT who may assist in authenticating documents.

Local Authorities should consider whether medical information is beneficial in the Assessment.

Local Authorities should be notified if there is a turnover of LIT and provided with contact details of relevant contact in their borough.

Local Authorities to liaise with their LIT or allocated case owner in order to establish a central point of contact, determine whether a young person has presented at another borough and if UKBA has any evidence of that boroughs involvement.

Local Authorities to inform the law society if they have reason to believe young people are being approached by legal touts.

UKBA guidance should be shared with Local Authorities.

Local Authorities to be informed of any tribunal hearings by UKBA or case owner.

Local Authorities to bullet point reason why they came to the decision / outcome regarding the young person.


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4.10 Age Assessment Form

Social workers must complete the Merton Compliant Age Assessment form when conducting an Age Assessment.

The form should be completed within 21 days.

As soon as a decision is made a summary of the outcome should be issued to the young person and then followed up with the full report.

5. Age Assessment Process The Age Assessment process should improve the consistency and outcome of decisions made by Local Authorities.

5.1 Time Frame

There may be several interviews with the young person before a decision is made.

Local Authorities must ensure enough time is allowed to conduct an Age Assessment, complete checks, follow ups and piece together a young person’s story.

It is best practice for Age Assessments to be completed within 21 working days

If a situation arises that prevents the Assessment being completed in the specified timeframe, the Local Authority should notify the UKBA and give reasons as to why.

Local Authorities must be mindful of the LAC process during that time frame. Note: The timescale for completing an Age Assessment form for young people who have been trafficked may not fall in the 21 day period. Local Authorities should liaise with UKBA and the National Referral Mechanism in these cases if they require more time.

5.2 Research

Local Authorities must take into account the background of the young person.

Local Authorities must document evidence provided by the young person.

Local Authorities must ensure an in depth Assessment occurs in order to acquire necessary information to research and make decisions.

Research should be multi-disciplinary and in consultation with the Children In Care Team (CIC), Independent Review Officers (IRO’s), Child and Adults Mental Health Services (CAMHS), as well as placements and child development theories and findings.

Social workers must take into consideration judgements.

Research should be conducted to authenticate documents.

5.3 Documentation Documentation can provide important evidence for determining the Age Assessment decision. Documentary evidence provided may not be verified.

Social workers should identify which documents are acceptable e.g. passport and give reason why.

Social worker to demonstrate that research has occurred and state why documents are/are not acceptable, including detailed reasons for decisions made.

5.4 Information Sharing and Joint Working


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5.4.1 Local Authority and UKBA

Local Authority to gather information on young person being Age Assessed.

Local Authority must link into and work together with external Agencies and build partnerships with other Local Authorities.

Local Authority to provide UKBA with the 2 pages of the Age Assessment containing Age Assessment decision or similar documents that might provide the same information.

UKBA to check whether the young person is known to another Country. This should occur during the UKBA’s consideration of the applicants asylum claim.

For third countries UKBA are still required to make checks on name, Age and information on any claims and share this with Local Authorities.

If a case goes to tribunal a solicitor can request a copy of the Age Assessment report.

5.4.2 UKBA Information Sharing Requirements UKBA requires Local Authorities to provide an Age Assessment for two main reasons: A. To determine the Age of the applicant. UKBA must ensure the asylum claim is processed correctly as

unaccompanied asylum seeking children are treated differently from asylum seeking adults. B. To ensure Local Authorities costs are reimbursed appropriately. UKBA pays a higher premium for those

under 16 (who are usually fostered) compared to those who are under 18 years old.

UKBA will pay Local Authorities the cost of supporting a young person up until the Assessment has been carried out. The Assessment should take no longer than 21 days from the date when the asylum claim was made.

UKBA does not reimburse costs once a young person is assessed as 18 years or above. These applicants receive AS.

UKBA do not require the Age Assessment to assess credibility, but case owners must consider all evidence provided to UKBA when making a fair and rational decision on the asylum claim.

If UKBA fail to explore and resolve discrepancies between information provided at the Age Assessment and other sources of evidence, the Immigration Judge may do so at any subsequent appeal hearing.

UKBA will be issued with the analysis and outcome sheet upon request, not the full Assessment.

If an applicant gives their explicit consent for certain information held by UKBA to be released for a specific and legitimate purpose, UKBA would release this data.

If an applicant has not given their explicit consent, the UKBA can still share certain information with Local Authorities. However to meet DPA obligations, the UKBA must be satisfied the information required by a Local Authority is necessary to carry out their functions.

5.4.3 Authentication of documents

Local Authority to clarify with the young person whether they have any documentation before making a final decision regarding their Age.

Local Authority and Home Office must work together in authenticating young person’s documents.

Local Authority to access Agencies who can assist with authentication i.e. Foreign & Common Wealth.

5.4.4 Evidence - documentary /medical

All types of evidence available should be taken into account i.e. documents, medical and paediatric.


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Local Authority should also consider evidence from all professionals.

Local Authority must consider the authenticity of documents and obtain verification.

LA should make enquiries to Home Office where original documents maybe held.

6. Key Issues around UASC 6.1 Accommodation

Where the Age of a child/young person is disputed the child/young person should remain in appropriate accommodation until Age has been verified.

Age disputed asylum seekers should be treated as children with a potential protection mechanism in place.

Observation of the young person’s behaviour, mannerism and interactions should be made.

Local Authorities should give the young person the ‘benefit of the doubt’ regarding his/her Age whilst the Assessment is being conducted.

Local Authorities must take care to ensure that adults are not placed with young people to prevent any safeguarding issues for children already placed.

Under what provision should a child be accommodated whilst an initial Assessment of their needs is undertaken, s17 or s20? Services users who are asserting that they are a child should be given the ‘benefit of the doubt’ until the Age Assessment/Assessment of their needs has been completed and so they should be treated as if they are a child. The only time a person can avoid being accommodated under s20 Children’s Act 1989 is if they (with a full understanding of the situation) have refused s20 accommodation or where the Local Authority has just assisted in locating accommodation. If there is any uncertainty as to whether s17 or s20 applies, it is recommended that advice is sought from the Local Authority legal department. Placement of a child or young person whilst an Age Assessment is being undertaken should be addressed on a case by case basis. A person should be given the benefit of the doubt and so therefore should be treated as their alleged age, unless there is evidence to the contrary. However, the Local Authority will need to decide which form of accommodation is appropriate for the person in the circumstances of the case, taking into account any safeguarding issues they may have about that particular individual.

6.2 Borderline Cases As stated a person should be given the benefit of the doubt. If a Local Authority is not sure whether a young person is 17 or 18 years of age and they are claiming to be 18, it is arguable that unless there is evidence to the contrary they should be given the benefit of the doubt and treated as 17. The Local Authority would need to provide supporting evidence that the young person is 18 to avoid legal challenges.

6.3 Appealing Age Assessment Decision

If a young person is assessed by Local Authority as over 18 years, they can appeal the decision which may involve a re-assessment. If re-assessment does occur, the appeal would have to proceed from wherever the young person is placed.


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There is a 3 month window for a young person to appeal the Assessment decision.

If a Local Authority has any doubts when conducting the Age Assessment they should accommodate the young person pending resolution. The Local Authority should give benefit of the doubt until the person’s Age has been verified.

There may be cases where the Court thinks that there is sufficient doubt about the young person's Age to order the Local Authority to provide interim support.

The UASC Grant provides that Local Authorities can claim up to a maximum of 21 days in Age Assessment cases.

If the Local Authority has conducted a lawful assessment then they can refer the young person to Refugee Council to access AS. In most cases any appeal will have to proceed from wherever the young person is placed.

6.4 Presenting at a Local Authority

The section 17 duty to assess generally falls to the Local Authority where the child is physically present.

If a child presents to an area, then that area should take initial responsibility for the child, assessing and then meeting their needs. As part of that Assessment the issue of legalising the child’s status should be considered. It will almost always be a need of the child for their status to be legalised and therefore assistance should be provided to them in making the relevant application to the UKBA.

The Local Authority concerned will then escort the young person at the earliest opportunity, to the UKBA Asylum Service Unit (ASU) to make a claim for asylum.

Until the claim for asylum is made the UASC (newly arrived), has no formal status in the UK. It is only when the asylum claim has been made that the UASC is then formally recognised as being present in the UK. Assuming that there is no Local connection the UASC is then entitled to be assessed for eligibility of service provision where the need arises

This will apply if the young person who is over 16, pre asylum, has no Local connection and presents at a Local Authority.

After the asylum claim has been made, the Local Authority where the child presents can continue, if they wish, to resume responsibility for that child and maintain service provision.

6.5 Local connections 6.5.1 A young person would be deemed as having a local connection if he or she:

Has lived in an area and for a length of time

Has family connections in the area

Has a connection with the area for another special reason

6.5.2 If the young person is found to have a Local connection and if on undertaking their initial Assessment the Local Authority finds the young person needs to be accommodated under s20 but has a connection to another area then s20(2) Children Act 1989 should be used to transfer the child to that area’s care. Section 20(2) states that “where a Local Authority who provides accommodation under s20 (1) for a child who is ordinarily resident in the area of another Local Authority , that other Local Authority may take over the provision of accommodation for the child within (a) 3 months of being notified in writing that the child is being provided with accommodation or (b) such other longer periods as may be prescribed”. (Source: Section 20 Children’s Act 1989) 6.5.3 How should Local Authorities respond to local connection issues?


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The Local Authority who is approached should undertake the initial Age Assessment but if that finds a local connection to another area, s20 (2) of the Children Act 1989 would be used to request that the other area take responsibility for the child. It is also open to Local Authorities to contact the Authority where the child has a local connection to request or try to agree some sort of shared funding for a child i.e. that they pay 50% of any costs incurred, although this is something which would have to be agreed between the relevant Authorities. THE CONTENTS OF THIS DOCUMENT ARE FOR GUIDANCE ONLY. IT IS NOT LEGAL ADVICE AND IS NOT LEGALLY BINDING. LOCAL AUTHORITIES MAY STILL BE SUBJECT TO JUDICIAL REVIEW. 10) Process for monitoring compliance and effectiveness of the Guidance Document Monthly Business Object reports are produced and sent to the responsible Head of Service, Practice Managers and Business Support Managers. This report is generated from the immigration status recorded by the Social Worker in the Identity Section on LCS records. Due to the low numbers of UASC currently within the Authority the monitoring for compliance is met by the monthly reports. The Quality Assurance Framework addresses the quality of social work practice across children in need, child protection and cared 4 children. It is likely that UASC children will be audited as part of this framework. 11) Guidance Document Review Date This guidance should be reviewed within 12 months of completion (September 2017) or in the light of new guidance or legislation being developed and distributed regarding Age Assessments. 12) Appendices

1. Age Assessment of Unaccompanied Asylum Seeking Child – Things to Consider 2. Equality Impact Assessment


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Appendix 1

AGE ASSESSMENT OF UNACCOMPANIED ASYLUM SEEKING CHILD - THINGS TO CONSIDER 1) Physical Appearance, Demeanour All Assessments begin with initial impressions, made from visual presentation. An initial hypothesis of Age range is formed based on height, facial features (facial hair, skin lines/folds, etc), voice tone, and general impression. It is important to consider racial differences here e.g. It is normal in some cultures for boys to have facial hair at an early Age and for girls to develop at different Ages. Life experiences and trauma may impact on the Ageing process, bear this in mind. Demeanour, it is essential to take account of how the person presents, style, attitude and Authority and relate this to the culture of the country of origin and events preceding the interview, journey experiences etc. It is useful to establish the length of time that the person has taken to arrive in the UK from the time they left their country of origin and include this into the Age calculation. Name of UASC: DOB UASC is claiming: Name of Assessing Worker: Date of Assessment: 2) Interaction of Person During Assessment The manner in which the person interacts with the assessing worker conducting the Assessment will provide an indication of whether or not the person is responding in an Age appropriate manner. It is important to note both the verbal and non-verbal (body language) behaviour of the person. The practitioner conducting the Assessment should be observing factors such as the manner in which the person copes with the Assessment, does he or she appear confident or overwhelmed, does the person appear to take a “one down” position or not. Take account of differing cultural terms, e.g. some people may believe it impolite to make direct eye contact. But remember to be aware of cultural variations in attitudes to elders. Does the person appear to be uncomfortable with speaking to an adult? Keep in mind that your position will be seen as one of power, which may influence the way the person interacts with you;, your role needs to be clarified and the differences in the roles of social services and the Home Office. 3) Social History and Family Composition Establishing as detailed as possible, a family tree will help the assessing worker to identify the likely age of the person compared with the stated Age. Ages of parents, siblings and extended family should be established. In the case of deceased family members, the year and Age at the time of death should be recorded. Drawing a graphic family tree is useful where names of family members and Ages can be included, which may help the person to be more accurate whilst also allowing the person to feel involved. The information gained may indicate discrepancies or impossibilities, which need to be clarified.


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Do indicate to the young person that you are aware that talking about their family may be very painful and difficult for them; for some, it may be too painful to open up at this time. This must be understood and respected. It is important to clarify the nature of their parent and sibling relationships as some cultures for example, call a half-brother their brother, or stepmother their mother Additionally ask if either parent had more than one wife / husband. Please insert Genogram: Clients view of how they know their stated Age: 4) Developmental Considerations Questions about the types of activities and roles that the person was involved in prior to arriving in the UK can often give an indication of Age. Remember to use open-ended questions, as this will allow for the person to disclose information without prompting. Cultural considerations need to be taken into account as in some cultures it could be normal for a young teenager to be working full-time. A person may appear to answer a question about alcohol in a shy manner because their religion does not allow for this. “Tell me what you did in your spare time” is the sort of question that can give an idea of the Age appropriate interests and activities. Remember to relate answers to what would be appropriate in the young person’s country of origin and culture. Ask about peer relationships at school / work / neighbourhood Questions about Age related rituals should be asked; including forced marriage, and any sexual relationships. Does what the person is describing seem Age appropriate? Remember that some young people may possible have been involved in armed conflict, have been child soldiers, involved in sexual exploitation and may have experienced a number of traumatic situations. Answering questions related to many of the above may be too difficult and painful until a relationship of trust has been established. Arranging for a person to be involved in social situations with other young people of the Age Arranging for a person to be involved in social situations with other young people of the Age stated, and observing how this person interacts and is accepted, can be useful. 5) Education Obtaining a detailed account of the person’s educational history is a valuable source in the Age Assessment process. Listed below are important facts that need to be gained: Age at which school was started Number of completed years spent in any school.


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Establish if there were any gaps in education and if so, how long was the gap/s and why. Adding the number of years of school attendance to the Age school was started at, including possible disruptions in schooling should equate to the stated Age. Names and addresses of schools attended. Subjects studied. Gaining knowledge or consulting with experts educated in different countries, is useful to validate the authenticity of the information provided. It may be possible to contact schools in some countries of origin. It may be of use to know that it is the norm to have six years of junior and six years of senior school in some countries. 6) Independent/ Self-Care Skills Understanding the level of ability, experience and confidence that a person has in being able to care for themselves can be an indicator of Age. The assessing worker may wish to ask the person directly how they feel about living in an independent setting and observe their reaction. Has the person lived at home or have they lived on their own/in an independent setting? Is there a clear impression that the person has never lived away from home and has been cared for by adults? Does the person have experience in managing money, paying bills, arranging appointments, buying food and other supplies etc? Is the person able to cook more than just a basic meal? It is essential to take account of the Local situation from which the person has come from – e.g. war, famine etc; and of cultural norms, for example it may not be expected that men should have any domestic skills in some countries. Has the person stated a preference during the Assessment of how they wish to live in the UK? Would this person be at risk living independently? Give reasons for this. The assessing worker, may wish to pose a scenario to the person at this point or at the end of the Assessment; that if the person is believed to be under 16 he or she will be placed in foster care where certain house rules will have to be followed, and be expected to be home at a certain times etc. The reaction to this may provide valuable information. 7) Health and Medical Assessment A medical opinion and view on Age will always be helpful . Questions about the person’s health history can be informative in assessing Age, both from the information given and the reactions to specific questions. The Royal College of Paediatricians advised in November 1999 that there can be a five-year error in Age Assessment, invasive methods and medically unnecessary examinations of course should never be used. However, opinions and views on Age from a paediatrician, GP, dentist and optician can be very helpful in assisting in the process.


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8) Information from documentation and Other Sources Documentation when available should always be carefully checked; authenticating documents however, is a specialist task. If the Assessment is an ongoing process, it is important to obtain the views of other significant figures involved with the young person. Other sources may include foster carers, residential workers, school teachers, panel advisors, doctors, solicitors, interpreters and other young people. Observations of how the person interacts in different social situations can provide useful Age indicators. 9) Analysis of information gained Conclusion of the Assessment. Key indicators of the conclusion. The assessing worker should draw together the information obtained, and present his/her views and judgement on the Age of the person being assessed, giving clear reasons for the conclusion. If this differs from the stated Age, clear reasons for this disagreement should be given. Please remember this process is not an exact science and that conclusions should always give the benefit of doubt. Conclusion BASED ON THE ASSESSMENT, THE CLIENTS AGE IS: ……………………………………… DOB IS ESTIMATED TO BE: ……………………………………….. Form to be handed to the person assessed AGE ASSESSMENT FORM Name: Nationality: Port Ref No: Claimed Age/DOB: Home Office Ref No: Name & Address of Local Authority Undertaking Assessment: Name of Assessing Workers: Date of Assessment: You have been assessed to be over 18: You have been assessed to be a child, Age: Years; DOB: Your Assessment is inconclusive and further work is necessary: Conclusions and Reasons for this: It was explained to you at the end of your interview that you have the right to disagree with the outcome of the Assessment, and to challenge our decision; you may do so by contacting a manager at …………………. On ……………….., or by requesting the ‘Complaints Procedure for Children and Young People’


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Appendix 2 Flow Chart

Microsoft Word 97 - 2003 Document

Appendix 3 Equality Impact Assessment

Microsoft Word 97 - 2003 Document


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