7.6 Appropriate Recognition of the Age of
Young People
“There is no magic in age assessment. Assessment is just
that; no more than opinion, which can be best achieved
by professionals trained in the various fields, and not just
trained as social workers, obtaining a view of the person
over a number of sessions.”
Extract from the Judgment in KN v Barnet 100
At any time, HBF clinicians will be working with a number of young people with a history of trafficking, whose
age is disputed by the authorities. For young, unaccompanied people flawed age assessment procedures and a disproportionate emphasis on their age in preference to the
consideration of their individual needs and vulnerability, can
significantly damage their sense of self-esteem and personal
identity and can potentially place them at risk of harm.
In the collective experience of HBF clinicians who have
worked with many young people over decades of clinical
practice, the age of a person is not determinative of their
personal maturity, nor their ability to cope with the challenges and situations that they face. This is determined by
a wide range of factors including genetic determinants of
personality, the quality of their parenting and other early
developmental relationships and the sum of their life experiences. It is important to acknowledge also that the appearance of a young person in terms of how old they appear to
be, can be misleading.
From a developmental point of view, the “cut off ” point between the “minor” age of 17 and the “majority” age of 18,
which is so often a determining factor for the entire future
of young people who are without their parents and subject
to immigration control, is arbitrary. It has no bearing on the
vulnerability or individual needs of any young person who
has been, or is at risk of, human trafficking.
With regard to physical examination for assessment
of age, HBF echoes the concerns of the Royal College of
Radiologists that, “all x-rays have some radiation risk and
to perform an x-ray procedure on a child for no other reason than to assess their age could theoretically be regarded
as an assault” 101 and also the British Dental Association’s
position statement that they are “vigourously opposed to the
use of dental X-rays to determine whether asylum seekers
have reached 18”. 102 103 HBF considers all other assessments
which involve physical examination to be intrusive.
As exact determination of age is not possible 104 and age
assessments are most likely to happen in cases where a
young person is unaccompanied, without status in the
country and lacking the support of family, it is HBF’s view
that physical age assessments can discriminate against
those who are vulnerable.
Any age assessment of a victim of trafficking should be:
–
In-depth, resulting from multiple sessions with
the victim105
–
Conducted in a way that is conducive to the victim’s individual needs.
–
Conducted so that it takes full account of the specific trafficking aspects of each individual case
-
The Ionising Radiation (Medical Exposure)
Regulations 2000
-
The Health of Refugee Children: Guidelines for paediatricians
-
-
-
The Queen ((on
the application of KN, by her litigation friend JA) v LB Barnet, EWHC 2019
(Admin), 64 (2011).
-
96
Age Assessment
Practice Guidance: An Age Assessment Pathway for Social Workers in Scotland
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents