By Annamaria De Felice and Francesca Sella
“This session has made as much sense as possible of a very complicated and often contradictory system. It helped me understand the processes of age assessment in a clear and accessible way, as well as how they are managed – or sometimes mismanaged – by those responsible”.
This is just one of the many comments we received after delivering the first free training for community groups and grassroots organisations, led by JustRight Scotland, with the support of the Strategic Legal Advice Committee at ILPA and delivered by our Associate Solicitor Francesca Sella, alongside Lauren Purkiss, Refugee Support Casework Coordinator at British Red Cross.
What we talked about
The session covered the complexities surrounding age disputes for unaccompanied young people seeking asylum in the UK. We sought to provide organisations with a basic understanding of initial age assessments carried out by the Home Office when young people first arrived in the UK but also of Scottish local authorities’ obligations towards age disputed young people.
The agenda included:
- Supporting age disputed young people: legal framework
- Advocating for age disputed young people: the experience of the British Red Cross
- A practical workshop to put theory into practice
What happens when a child arrives in the UK?
As we explained in our report, “Unlocking Support: Age Disputed Young People in Scotland”, most of young migrants who seek safety in the UK, and who have often suffered significant trauma and fled due to persecution and abuse in their own countries, arrive in the UK without any form of identification.
These young people, once they have entered the UK, are assessed by the Home Office to determine if they are minors. However, many face disputes over their age, and are often misclassified as adults. We have explained – through our report, that Home Office assessments are often flawed, resulting in children being wrongly assessed as adults. The most recent data published by the Refugee and Migrant Children’s Consortium shows that between January and June 2024, at least 262 children were wrongly assessed as adults on entry by the Home Office.
Why is age assessment so important?
An age assessment can define a young migrant’s journey and determine their future once in the UK.
When a child is wrongly assessed as an adult by the Home Office on arrival, they are given a date of birth that makes them over 18. From that moment, they are treated as adults – placed in adult accommodation, often hotels – and denied the care, safety, and support that every child deserves. The consequences of these errors can be life-changing.
Our Associate Solicitor Francesca Sella highlights in her latest contribution to Free Movement that “in other words, the difference between a child being assessed as a child or being wrongly assessed as an adult can be the difference between them being able to remain in the UK or face detention and removal”.
Francesca continues: “If a young person is found to be an adult following an initial assessment by the Home Office, they will be assigned a date of birth that makes them an adult. This decision does not attract a right of appeal (albeit it can be challenged by way of judicial review). The only other way for children who are wrongly assessed as adults to have their age reassessed is for them to be referred to a local authority by, for instance, their legal representative or a supporting organisation. This essentially puts the onus on the young person and those assisting them to refer the case to a local authority. If the initial decision made by the Home Office is not challenged and the child is not referred to a local authority, they will be treated as an adult throughout the asylum process”.
Consequently, for organisations working with young migrant people, understanding how age disputes arise and what responsibilities local authorities hold is essential. Without a clear understanding of the legal duties and everyday realities of age assessment, it becomes much harder to stand up for young people’s rights – leaving some of the most vulnerable children without the protection they so desperately need.
One attendee reflected on the impact of gaining this knowledge: “Before the training, I had little understanding of age assessment and the challenges faced by age-disputed young people. Now, I feel equipped to support them and to share this knowledge with my team. Understanding the system makes a real difference – it allows us to protect children from harmful decisions and to advocate for them effectively”.
This shows that knowledge is more than power – it’s protection. By understanding the system, organisations can ensure young people are not left unsupported and can work toward fairer outcomes for all age disputed children.
Join our next session
Would you like to take part in the next session in Aberdeen? Contact us to find out if you’re eligible to join.
Our goal is to create connections between organisations and small groups supporting migrants in Scotland, so that best practice, knowledge, and legal expertise are shared. Together, we can build a network of organisations working for a better asylum system for young people in Scotland.
