Dear Sir or Madam,
The recent court ruling A v London Borough of Croydon, WK v Kent
Borough Council [2009] EWHC 939 (Admin), 8 May 2009, [1] makes a
number of references to the practice of two Social Workers
conducting age assessments of young people claiming asylum.
In view of the fact that the Care Standards Act 2000 (Chapter 14
(part 1V) section 61) contained provisions for the protection of
the professional title of "Social Worker" and that anyone using
this Title has to be registered on one of the UK Social Care
Registers, (since 01 April 2005) can you Confirm or Deny the
following:
1) Age assessments are always conducted by at least two Social
Workers?
1.1 If they are not always conducted by at least two Social
Workers, can you provide information that explains this apparent
anomaly and provide details of the job Titles of those who
currently conduct age assessments.
2) That since 01 April 2005 you have always used at least two
Social Workers?
2.1) If you have not always used two Social Workers, since 01 April
2005, please provide details of the job Titles of those who
currently conduct age assessments.
3) During said Court case a Helen Johnson, Refugee Council's
Children's Panel, questioned the assertion by a Ms Janet Patrick,
senior manager of the Croydon Council's Unaccompanied Minors' Team,
that Council's are routinely advising applicants that they can have
an adult present to give support during their age assessment.
Therefore can you provide copies of any information you hold, such
as policies, memos, notes and guidance, (showing dates
issued/written/drafted) as given to Social Workers, the applicants
or anyone else, that Confirms or Denies that applicants are
routinely advised that they can have an adult present to give
support.
4) Please provide copies of any age assessment guidance or training
material you hold.
Relevant quotes:
"The social workers involved in the decision making process who are
employed by the local authorities in these cases have had training
and do have substantial experience in assessing the age of UASCs.
My conclusion is that age determination, being part of broader
questions relating to the provision of accommodation, and being but
one of the many responsibilities for local authorities to provide
support for children and families under Part III, are decisions
which fall squarely within the social field of child care and are,
therefore, customarily and properly entrusted to the social workers
to decide.
This is based partly on the contention that their judgment can be
no better than that of the experienced social worker...
It is said that her opinions in a number of cases show a consistent
disagreement with the social workers' factual observations always
in favour of the individual in question.
While recognising and indeed supporting the use of social workers
and other professionals he records concerns that financial
pressures can influence the assessment of age since the particular
age of an individual will require a greater or lesser expenditure
on him.
But the real question in these cases is whether a report from a
paediatrician which reaches a conclusion contrary to that found by
experienced social workers means that the assessment must be varied
in the UASC's favour.
It is Dr Stern's view that a paediatrician is unlikely to be able
to reach a conclusion which is superior to that reached by an
experienced social worker, provided, of course, that the social
worker is properly trained and experienced and conducted the
necessary interview in an appropriate fashion.
Thus I do not think that the existence of a report from Dr Birch
can generally attract any greater weight than the observations of
an experienced social worker. In order to comply with the
Hillingdon and Croydon guidelines, the assessments of social
workers will be made by two working together and based upon
interviews and observations over a far greater time period than
that available to Dr Birch or indeed any paediatrician instructed
by a UASC representative.
All this presupposes that the authority's decision is made by
properly trained and experienced social workers in accordance with
the guidelines approved by Stanley Burnton J in B v Merton.
Each authority has put before the court evidence of the training
given to and the experience of the social workers who have to deal
with age assessment.
She is satisfied from her experience that the reports of Drs Michie
and Birch do not raise matters which cast doubt on the reliability
of the decision reached by the two social workers."
etc
Reference:
[1] A Claimant - and - London Borough of Croydon - and – Secretary
of State for the Home Department Defendant Interested Party And WK
Claimant - and - Secretary of State for the Home Department First
Defendant - and - Kent County Council Second Defendant [2009] EWHC
939 (Admin), 8 May 2009
http://www.bailii.org/ew/cases/EWHC/Admin/2009/939.html
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Yours faithfully,
Cassidy, J
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