Social work and age assessments

Age assessment is a critical process used to determine the age of individuals, particularly those who are unaccompanied asylum-seeking children (UASC) or individuals whose age is disputed. This guide explores the necessity, methodology, challenges, and implications of age assessment within the context of social work and immigration policies.

The importance of age assessment lies in its direct impact on the rights and services available to individuals. A fourteen-year-old child, for example, has very different needs from a sixteen-year-old and is treated differently under the law. When accurate documentary evidence such as a birth certificate or passport is unavailable, age assessment ensures that appropriate protections and responsibilities are upheld. Incorrect assessments can have severe safeguarding consequences, such as placing an adult with children or vice versa. The introduction of the Illegal Migration Act 2023 further emphasizes the significance of accurate assessments, as children wrongly classified as adults risk removal from the UK without due consideration of their protection and human rights claims.

The necessity of an age assessment is evaluated based on the presence of doubt about a young person’s claimed age. If reliable, independent documentary evidence exists, an assessment may not be required. However, many young asylum seekers lack such documentation due to reasons including the non-issuance of birth certificates in their home countries, loss of documents during displacement, or advice to discard them for safety reasons.

Upon arrival in the UK, a young person’s first contact is typically with Border Force officials, who refer individuals they believe to be under 19 for assessment. Police officers, who lack age screening authority, must refer such individuals to children’s social work services. Conducting an age assessment at a police station is generally not Merton compliant, as it fails to provide a conducive environment for an accurate evaluation.

Preparation for the age assessment interview involves gathering relevant country of origin reports to enhance the cultural competence of social workers. These reports offer insights into political, social, and cultural contexts that may affect a young person’s statements and behavior. Utilizing reports from multiple reputable sources ensures accuracy and objectivity in the assessment.

The age assessment process itself is inherently stressful for young individuals. Measures should be taken to reduce stress, including providing adequate notice, ensuring appropriate interpreter services, selecting interviewers of the same gender when necessary, and conducting assessments in a suitable setting.

Interpreters play a crucial role in age assessments, particularly when the young person speaks a regional dialect that differs from the mainstream language. A professional interpreter helps ensure accurate communication and avoids misunderstandings that could compromise the assessment.

The interview process should follow a structured but flexible approach. Social workers must employ open-ended questions that allow individuals to provide narrative responses, helping to assess their experiences, education, and chronological age. The use of the ‘circular approach,’ as established by the Merton judgement, allows social workers to cross-reference information provided by the young person throughout different parts of the interview.

Key factors in determining age include physical appearance, demeanor, communication skills, and cultural considerations. However, sole reliance on physical traits such as height, facial hair, or voice tone can be misleading due to genetic and nutritional variations. Similarly, the ability to articulate well does not necessarily indicate adulthood. Trauma, displacement, and life experiences significantly affect behavior, making chronological age assessment complex.

Social workers should also consider external sources of information such as foster carers and teachers, who can provide insight into a young person’s behavior and maturity relative to their peers. However, the responsibility for determining age ultimately lies with the social worker, not other professionals.

The role of social media in age assessments is limited, as information found online may be unreliable, manipulated, or taken out of context. Nonetheless, if a young person voluntarily provides access to their social media as supporting evidence, it can be considered with caution.

The assessment process should be timely, ideally not exceeding 28 days, with a maximum of three months. Lengthy assessments prolong stress for the young person and may delay critical support services.

Once evidence has been gathered, social workers must weigh the information carefully, distinguishing between factual observations and subjective interpretations. The ‘minded to’ process provides the young person with an opportunity to respond to preliminary findings before a final decision is made. This step is legally significant, as failure to conduct it properly can result in judicial reviews overturning the assessment.

Following the ‘minded to’ meeting, a formal decision meeting is held where the young person is informed of the final outcome. If they are deemed a child, they receive the necessary support. If assessed as an adult, careful transition planning is required to ensure continued support where appropriate.

Judicial reviews and appeals against age assessments have become increasingly common. Challenges often arise from over-reliance on physical appearance, failure to conduct a ‘minded to’ meeting, or insufficiently documented assessments. Clear, detailed documentation is essential to withstand legal scrutiny.

The National Age Assessment Board (NAAB), established under the Nationality and Borders Act 2022, employs Home Office social workers to conduct age assessments. The shift from local authority-led assessments to Home Office-controlled evaluations raises concerns about impartiality, as NAAB operates within an immigration enforcement framework rather than a child welfare-focused system.

Scientific methods of age assessment, such as dental and bone analysis, are expected to be introduced under government policies. However, experts estimate that these methods will only be accurate within a five-year range, underscoring the continued importance of professional social work judgment.

Additional challenges in age assessment arise from cases of smuggling and trafficking. Traffickers may coach young people to claim specific ages, while victims may be unaware of their actual chronological age. Social workers must navigate these complexities with sensitivity, ensuring that decisions prioritize the protection and welfare of vulnerable individuals.

Age assessment remains a complex yet essential process that directly impacts the legal rights, protection, and welfare of young people. Social workers play a pivotal role in ensuring assessments are conducted ethically, rigorously, and fairly, balancing the need for accurate age determination with the overarching duty to safeguard children and young people from harm.

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Murder Trial: The Disappearance of Margaret Fleming

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A mystery disappearance, a suspected secret guarded for 16 years, a murder trial in search of answers – two-part documentary Murder Trial: The Disappearance of Margaret Fleming has unprecedented access to the investigation and subsequent trial of co-accused Edward Cairney and Avril Jones. 

Filmed by Bafta Scotland award-winning director Matt Pinder, this groundbreaking documentary takes the audience into the very centre of the trial at Glasgow’s High Court and beyond as carers Cairney and Jones face trial for the murder of 35-year-old Margaret Fleming. 

Offering a compelling insight into the work of the police and prosecutors in bringing the two suspects to trial, the documentary also shines a light on the work of the defence teams representing the two accused of Margaret’s murder. 

In 2016, an application for a Personal Independence Payment raised suspicions. When authorities couldn’t contact the applicant, the police were called, and it was discovered that a 35-year-old woman had seemingly vanished from a village on the west coast of Scotland. Margaret Fleming was a vulnerable adult understood by authorities to be in the full-time care of Cairney and Jones, living in a remote coastal property in the village of Inverkip. But when police started questioning Margaret’s friends and family, they were told no-one had seen her since 1999. In the 2019 murder trial that unfolds, Cairney and Jones stand accused of killing her, disposing of her body and claiming benefits in her name for 16 years. 

With remarkable in-court access to an unfolding trial that gripped Scotland, Murder Trial: The Disappearance of Margaret Fleming tells the story of a prosecution without a body and a community without answers. Filmed both inside and outside of the courtroom, this case takes viewers deep into the inner workings of Scotland’s justice system as a small community is coming to terms with the prospect of a potentially brutal and calculated crime occurring unnoticed in its midst.

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What is Blackstone’s Formulation?

Blackstone’s Formulation is often cited in criminal cases, and it’s one of the cornerstones of the American legal system. It was created by Sir William Blackstone, who lived from 1723 to 1780, in England. English settlers in the young United States took his legal principle and used it as the basis for the legal system in their new country.

Protecting the Innocent

The exact quote from Blackstone, per Harvard Law School, is as follows: “It is better that ten guilty persons escape, than that one innocent suffer.”

The goal here is not to allow the guilty to go free, but to ensure that the innocent are not unfairly jailed or otherwise punished — capital punishment was more widely used at the time than it is today — for crimes they did not commit.

A Legal Right

This quote has been so influential that it is a legal right. When accused of a crime, you have the right to be presumed innocent, which stems from this principle. Courts must err on the side of innocence. It’s the reason you have to be proven guilty beyond a reasonable doubt. Any doubt shows that you may be the innocent party that Blackstone is referring to, and you should therefore be allowed to go free. Blackstone recognized that this meant some who were guilty would also be allowed to go free when doubt was cast on their cases for various reasons, but he — and the U.S. legal system — would take that tradeoff to protect the innocent.

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