§ Lord Aveburyasked Her Majesty's Government:
Whether, following the judgment in the case of R (on the application of B) v London Borough of Merton [2003], they will revise the Immigration and Nationality Department's Operational Enforcement Manual to make it clear that where an applicant claims to be a minor, the decision-maker cannot determine age solely on the basis of applicant's appearance, but must seek to elicit the general background of the applicant, including family circumstances, educational background and activities during the previous few years; and [HL3803]
What advice they have received, and from what authorities, on the scientific basis of age determination of teenagers; and what are the margins of error of the methods used by the Immigration and Nationality Department; and [HL3804]
What is the methodology used by Cambridgeshire Social Services in providing age estimates of persons detained at Oakington; what is the average length of time taken to provide these estimates; and why the Immigration and Nationality Department refuses to accept medical evidence provided by a consultant paediatrician. [HL3805]
§ Baroness Scotland of AsthalThe Immigration and Nationality Directorate (IND) bases age assessments on physical appearance and available documentation. IND will always accept a full social services age assessment that also takes into account wider cultural and social factors. IND does not medically assess applicants to determine age, although it would consider a medical assessment prepared independently for an applicant by a consultant paediatrician.
IND follows the Royal College of Paediatrics and Child Health guidance in its 1999 publication, The Health of Refugee Children—Guidelines for Paediatricians. The royal college has advised that medical age assessment is an "inexact science" and subject to a margin of error of as much as +/- five 128WA years. It exercises caution about using medical opinion in this complex area particularly if it is not supported by other wider ranging and more complete evidence.
IND is currently reviewing the relevant sections of the Immigration Service's Operational Enforcement Manual in light of the judgment in the case of R (on the application of B) v London Borough of Merton [2003] and will consult with the relevant stakeholders if any changes are required.
Cambridgeshire Social Services is bound by the provisions of the Children Act 1989. Its age assessments are conducted in accordance with published statutory guidance for the assessments of children in need known as the "integrated children's system", which sets out the factors that should be taken into account.
Cambridgeshire Social Services usually aims to provide an age assessment within seven working days of receipt of a request from a legal representative. IND does not hold data on the length of time taken by social services departments to produce age assessments.