‘Age Assessment’ is an ongoing process that involves gathering necessary information to determine the age of a young person. They are carried out by social workers to establish a person’s chronological age. The term “Merton” comes from a court case that took place involving the London Borough of Merton back in 2003. The court was asked to provide guidance on how to lawfully assess the age of an unaccompanied asylum-seeking child, and from this, guidelines were developed for local authorities to follow, which became known as Merton Compliant Age Assessments.
While the court’s guidelines are still in use today, there have been updates over time to ensure that age assessments are conducted appropriately and take into account issues such as trauma, trafficking, and vulnerable children. In addition, Local Authorities have created their own documents based on these guidelines which have been endorsed by the Courts.
Significantly also, in the UK the Association of Directors of Childrens services have also issued best practice social work guidance has been issued by the ADCS, as well as the Scottish and Welsh Governments, for conducting assessments within their respective regions.
The guidance includes the Age Assessment guidance for local authorities in England, the Unaccompanied Asylum Seeking Children Age Assessment toolkit for local authorities in Wales, and the Age Assessment Practice guidance for local authorities in Scotland. Northern Ireland, however, does not have equivalent guidance, so the assessors must take into account the best practices outlined in the ADCS Age Assessment Guidance when conducting assessments in Northern Ireland.
In essence, Merton-compliant Age Assessments are a vital tool in helping to determine a person’s true age, ensuring that vulnerable children receive the support and protection they need.
Short age assessments, commonly known as Brief Enquiries or Eyes On assessments, must be Merton Compliant.
Local Authorities are responsible for conducting their own age assessments in case there is a dispute over a person’s age, instead of solely relying on Home Office assessments. Before admitting someone into their care, the Local Authority may perform an initial age-related assessment, which is often referred to as a “Short Age Assessment,” “Brief Enquiry,” or “Eyes On” Assessment. It is important to clarify that these should not be confused with the “Short Age Assessments” that were previously conducted in Dover for individuals who arrived in the UK.
Completing short Merton Compliant age assessments is crucial, as Local Authorities have a duty to safeguard all children and young persons. These assessments are less time-consuming and help to ensure that all persons seeking asylum are directed to the appropriate services and support for their age.
Since the Ham V Brent case in 2022, Local Authorities have been advised to adhere to their established policies on age assessments when handling age disputes, as long as they follow the fair procedure principles set out by the Merton case and subsequent laws, unless there is a valid reason not to. This means that each Local Authority has flexibility in how they manage age-related disputes.
Many Local Authorities now have hotels that house adult asylum seekers, some of whom were age-disputed and may present for services. Also, in some areas Social workers who previously had little or no cases in age-related matters may need guidance in navigating these new thematic areas. Therefore, it is essential for Local Authorities to have policies in place related to age dispute matters to ensure that any age-related assessments they complete are fair and lawful.
If you are a Local Authority looking for assistance with age assessments, EG Age Assessments Consultancy is here to help. We offer expert support and customized policies and guidelines that cater to your unique needs.
With our help, you can achieve your goals and ensure that all of your age assessments are Merton Compliant. Our team is dedicated to providing tailored guidance and practical tools that make it easy for you to navigate these important matters while remaining lawful. Trust us to help you every step of the way. Please do not hesitate to contact us.
We provide in-person and webinar-based age assessment training for local authorities throughout the UK, helping them grow capacity and undertake case law-compliant age assessments.
Our specialist social workers undertake Merton compliant age assessments, ensuring human rights and statutory responsibilities are upheld, and providing protection from potential litigation.
EG Age Assessment Consultancy was founded by Elizabeth Green, an experienced and highly qualified social worker, and part of the Pilot Community Team of specialist social workers that led to the launch of the National Age Assessments Board.
