Determining someone’s age has undergone several changes over the years, and while specific guidelines do not exist for conducting these assessments, courts have provided some direction.
Age assessments that comply with Merton guidelines do not adhere to a set checklist, but instead require social workers to conduct a reasonable investigation based on the facts of each case, allowing local authorities to have more flexibility in resource allocation and assessment execution.
Moreover, there is no longer a clear distinction between “full Merton compliant assessments” and “short-form assessments,” as the R(HAM) v LB Brent [2022] EWHC 1924 Admin ruling abolished the latter as a separate assessment type. The assessment’s success now hinges on a reasonable investigation by local authorities based on the case’s facts.
The Nationality and Borders Act 2022 gradually transfers age assessment responsibilities to the National Age Assessment Board (NAAB), which will create the national standard for age assessments, including scientific methods and judicial processes for resolving age-related disputes. While some organizations have raised concerns, it is essential to note that social workers are experienced, qualified, and registered professionals capable of conducting complex assessments and arriving at independent conclusions. Thus, there is no conflict in social workers working for NAAB, just as solicitors and other registered professionals who work for the home office are not influenced by immigration law and are capable of doing their job.
