What is a Merton compliant age assessment?
             

A Merton compliant age assessment is a “Process by which authorities seek to establish the chronological age, or range of age, of a person in order to determine whether an individual is a child or not” (European Commission)

When would a Merton compliant age assessment need to be conducted?

Statutory Guidance has provided a summary :

"Where the age of a person is uncertain and there are reasons to believe they are a child, that person is presumed to be a child in order to receive immediate access to assistance, support and protection in accordance with Section 51 of the Modern Slavery act 2015. Where an age assessment is required, local authorities must adhere to the standards established within case law. Age assessments should only be carried out where there is a reason to doubt that the individual is the age they claim. Age Assessments should not be a routine part of a local authority’s assessment of unaccompanied or trafficked children.” (Care of unaccompanied migrant children and child victims of modern slavery - GOV.UK )

History of Merton compliance

The ‘Merton-Complaint’ age assessment arose from B v Merton London Borough Council [2003] EWHC 1689 (Admin). These established guidelines aim to prevent breaches of human rights and ensure the decision reached is fair, lawful, and in the best interest of the young person. Some of the main guidelines include:

• Ensuring the assessment is conducted fairly without any preconceived opinions on the individual’s age
• The young person should be given opportunity to have an appropriate adult present and have this explained to them
• Ensuring a relevant interpreter is provided, in person to ensure there is a clear and full understanding between the interpreter and the young person
• Conducting a series of interviews that are sensitive to the young person, their experiences and emotional wellbeing
• Taking a holistic approach by considering various factors, including appearance and demeanour, but this should not be the sole deciding factor
• The assessment should be conducted by qualified professionals who are trained and competent to undertake such assessments.  The assessment should be well documented with clear records on how decisions were reached based upon the evidence considered during the assessment
• Giving the benefit of doubt when there is uncertainty regarding the young person’s age and giving them the opportunity to explain their age, circumstances and account

Contact Us for Expert Consultation

If your organisation requires a professional and reliable Merton compliant age assessment service, please do not hesitate to contact us. We are available to discuss specific case requirements and provide the expert assistance needed to navigate the challenges of immigration law concerning young migrants.

Email: info@kc-expert-assessments.co.uk
Phone: +447425902909