Secondary legislation, laid in front of parliament by the Ministry of Justice last week (12 September), would authorise the use of x-rays in scientific age assessments as part of the Illegal Migration Act 2023.
If passed, the legislation would allow the Home Office to lay further legislation in front of parliament, taking forward powers under the Nationality and Borders Act 2022, which will specify that x-rays of teeth and bones of the hands and wrists and MRIs of knees and collar bones can be used as part of the age assessment process.
Ministers claim that “the use of MRI and x-rays are in line with the recommendations made by the Age Estimation Scientific Advisory Committee (AESAC) in their report published in January 2023”.
Latest government data finds that between 2006 and June this year, less than half of 11,275 individuals subjected to age assessments were found to be adults.
Professor Andrew Rowland, officer for child protection at the Royal College of Paediatrics and Child Health, said: “Evidence shows that using x-rays to determine age can be widely inaccurate and the practice is ultimately unethical.
“It is appalling to see that the government is persisting with these plans, which hinge life-changing decisions for some of the most vulnerable young people in our society on unspecific scientific outcomes and includes exposing them to radiation.”
Rowland highlighted stipulations made by the Illegal Migration Act which suggest that refusal to undertake a biological age assessment will be held against children as a part of the decision-making process related to their asylum claim.
He added: “Informed consent is fundamental to all medical practice, and by definition must be free from duress.
“This government policy enforces a slide away from that core principle as it places such significant consequences on the refusal of biological age assessments.”
Concerns around lack of consent linked to age assessments was not included in the scope of the AESAC report, Rowland said.
Immigration minister Robert Jenrick added: “Scientific age assessments are vital to weed out adults who exploit the system and present serious safeguarding risks. It is only right that the credibility of those who pose as unaccompanied children and refuse to be scientifically age assessed is questioned and held against them as part of the decision-making process.”
The Illegal Migration Act 2023 has been heavily criticised by those working with children and young people over elements including plans to detain children who arrive alone in the UK for up to 28 days and the removal of protections for unaccompanied children to remain in the UK after they turn 18.
