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as a group around the claimant laughing. Another
disputed, the child is treated as an adult and referred
solicitor 17 remarked that in Newcastle case workers
to NASS for accommodation and given a Statement
make a snap decision on age based on the child’s
of Evidence Form to return within 14 days. As an
appearance without additional evidence.
additional safeguard the child is given a letter stating
If social services have a duty officer at a port of
that his or her age has been disputed, and advised
entry or at an Asylum Screening Unit immediately
how to contact social services to challenge the deci-
available to age assess a child in a borderline case,
sion. 22 The Immigration and Nationality Directorate
the immigration officer would seek the duty offi-
is also obliged to inform the Refugee Council’s Chil-
cer’s advice, but it is not the Immigration Service’s
dren’s Panel within 24 hours of arrival of every age
policy or practice to seek advice from social services
disputed person. 23 The Panel refers those it believes
otherwise. 18 Instead of reaching snap judgements,
to be children to a solicitor in order to challenge the
immigration officers should give such children the
decision by way of a claim for judicial review in the
benefit of the doubt in the first instance and then
High Court. It also refers the ‘child’ to the relevant
make arrangements for their transfer to specialist
local social services department to carry out a full
locations for a holistic age assessment. 19
age assessment. Up until recently it was Immigration
Social workers are available at the Asylum
and Nationality Directorate policy to accept an age
Screening Unit in Croydon and at the port at Dover.
assessment, which had been made by a professional
Duty social workers are also available at Heathrow
social worker employed by a local authority. 24 How-
airport but they are often given less than an hour
ever, in November 2005 this policy was amended and
from the age disputed child’s time of arrival to make
in cases of age disputes between a local authority
an assessment. At this stage unaccompanied or sepa-
and the Immigration and Nationality Directorate
rated children are usually still traumatized by their
(for example, over the authenticity of an identity
journey and their pre-departure experiences, a state
document or a possible impersonation) the Asylum
which potentially undermines the accuracy of any
Policy Unit within the Immigration and Nationality
assessment. 20 At Heathrow, the London Borough of
Directorate is asked to seek a formal reconciliation
SEEKING ASYLUM ALONE | UNITED KINGDOM
58
Hillingdon has tried to counter these disadvantages
by sending two social workers to undertake the
assessment and by explaining the role of its social
services department and its social workers to the
unaccompanied child, using its own trained and
independent interpreters. 21 This is a positive and
commendable procedure, but age assessments are by
their very nature complex and immediate post-journey
assessments undertaken by a social worker are
not necessarily more accurate than those made by an
immigration officer. As a result many unaccompanied
or separated children subsequently successfully
challenge the accuracy of their assessments by bringing
a claim for judicial review in the High Court.
If an unaccompanied or separated child’s age is
of the two views. Where this is not possible a third
party is asked to adjudicate. 25
In many cases it takes some time to overturn
an inaccurate age assessment and in the intervening
period the unaccompanied or separated child lives
in emergency accommodation provided by NASS,
often sharing a room with traumatised adult asylum
seekers. Age disputed unaccompanied or separated
children have to submit an adult Statement of Evidence
Form within 14 days and can be interviewed
about their asylum applications as if they were adults.
“T” was an asylum seeker from Rwanda who was
brought to the U.K. by a member of staff from
Care International. She claimed asylum the day
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