11 May 2009
Source: LocalGov.co.uk ()

Councils fit to judge young asylum seekers


Petra Barnby

Kent CC and Croydon LBC have won a High Court ruling that their own social workers were qualified to judge the ages of young asylum seekers.

Judge Mr Justice Collins ruled both councils were entitled to rely on evidence from their own social workers.

He said that medical evidence was no more likely to be any more reliable.

The cases involved two Afghan nationals who social workers believed were over 18.

But specialist paediatrician Dr Diana Birch, instructed by lawyers acting for both asylum seekers, carried out examinations and assessed one as probably between 15 and 17 and the other as about 15.

The judge said the test case was important because under 18s are treated as ‘children in need’ and receive considerable advantages compared to adult asylum seekers.

Consultant paediatrician Dr Colin Stern said: ‘A paediatrician is unlikely to be able to reach a conclusion which is superior to that reached by an experienced social worker.’

Kent CC chief executive Peter Gilroy said: ‘We very much welcome this judgment. It has been a long and hard-fought campaign and this decision vindicates the approach of Kent CC in our care of unaccompanied asylum-seeking children. Every effort is made to determine the age of these young people in a fair and consistent manner, as has been upheld today.’





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