Dear Mr Cassidy

Response to FOI request - 113689 - BY EMAIL

Further to my recent email, please see full response below:-

Q: Concerning the age assessment of unaccompanied children seeking

asylum and the available guidance, can you please provide copies

of:

1) Confirmation or denial that it is the practice of your local

authority to always send the UKBA/Home Office a full copy of the

age assessment and that doing so complies with your Confidentiality

and Data Protection Act duties and policies and is done so with the

informed consent of the person age assessed or with the written

agreement of the assessed person's legal representative.

ANSWER:

The Council do not always send age assessments to UKBA, and when it does so it is satisfied that it is acting in accordance with the law. Please also see the answer to 1.1 below.

Q: 1.1) If you do send the UKBA/Home Office a full copy of the age

assessment, but only in certain circumstances, can you give details

of these circumstances and that doing so complies with your

Confidentiality and Data Protection Act duties and policies and is

done so with the informed consent of the person age assessed or

with the written agreement of the assessed person's legal

representative.

ANSWER:

The circumstances in which the Council will send an age assessment to UKBA is when the UKBA has disputed the individual's age, and refers the individual to the Council for an age assessment. There may also be instances where the Council disputes the age of an individual who has been referred to the Council. Please see "Age Assessment Joint Working Protocol between IND and ADSS (copy already sent to you)". The Council is satisfied that when such disclosures are made, they are in accordance with the law.

Q: 1.2) Confirmation or denial that it is the practice of your local

authority to always only send the UKBA/Home Office a summary of the

outcome of the age assessment and that doing so complies with your

Confidentiality and Data Protection Act duties and policies and is

done so with the informed consent of the person age assessed or

with the written agreement of the assessed person's legal

representative.

See Answer 1.1 above

Q: In connection with (1) , (1.1) and (1.2) above can you please

provide copies of any procedures, operational policy or guidance

that explains the manner by which these age assessments or

summaries are shared with the UKBA/Home Office and that doing so is

perfectly legal and professionally ethical. Together with copies of

the relevant age assessment forms or summaries you currently use.

ANSWER: Please find attached to your email the following documents/forms:-

1. Age Assessment of Unaccompanied Asylum Seeking Child - Proforma

2. Practice Guidelines for Age Assessment of Young Unaccompanied Asylum Seekers

3. The Queen on the application of B v London Borough of Merton - 2003

4. Age Assessments - by Sallie Harrington of Creighton & Partners Solicitors

5. Age Assessment Joint Working Protocol between IND and ADSS.

6. Merton Compliance Proforma

I trust that this information addresses your enquiry, however if you are dissatisfied with the way in which your Freedom of Information request has been dealt with you can request an internal review by emailing: [email address] (please quote the reference number above) or by writing to:

Corporate Complaints Manager

Lambeth Town Hall

Brixton Hill

Brixton

SW2 1RW

If you remain dissatisfied with the outcome of the review you have a further right to appeal to the Information Commissioner, who regulates the implementation of the Freedom of Information Act. The Commissioner can be contacted at the following address:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

We do hope you will accept our profuse apologies once again for the delay.

Yours sincerely

Information Governance Team