Childright: Age assessments for those seeking asylum

The recent judgment of the Supreme Court in R (on the application of A) (FC) v London Borough of Croydon and R (on the application of M (FC) v London Borough of Croydon (2009) UKSC 8, addressed a problem increasingly faced by unaccompanied asylum-seeking children - that of who is to determine a child's age in the absence of documentary evidence.

The local authority, supported by the Home Office, maintained that where there is a dispute about a child's age, the local authority should decide the matter. The child, A, appearing before the Supreme Court, supported by the children's commissioner, argued that in such cases, the court should make the decision. This issue is one of real importance for an unaccompanied child. A child will be looked after by a local authority children's services department under Section 20 of the Children Act 1989, rather than by the UK Border Agency (UKBA), an executive agency of the Home Office, while their claim is decided. A child is entitled to a raft of protections, services and support that are not available to adults, such as health, accommodation and education, and will also go through the asylum process as a child.