J Cassidy

Dear J Cassidy

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

Your request for information has now been considered and the information requested is enclosed.

You Asked:

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 Local Authority does not provide the UKBA with a copy of age assessment documents as a matter of course.

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:

If the UKBA request a full copy of the assessment, it will be provided with the written consent of the young person. If the young person does not consent, disclosure may still be made on the basis that the processing of sensitive personal information is permitted by paragraph 7 of Schedule 3 of the Data Protection Act 1998, where it is necessary for the exercise of any functions of a government department. The Home Office are required to consider Merton compliant age assessments and require disclosure to determine whether a compliant assessment has been undertaken, and then take into account the outcome.

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.

Answer:

It is the practice of the Local Authority to inform the UKBA of the outcome of the assessment, that is to say whether the young person has been accepted as a child, or considered to be an adult. A summary of the assessment is not provided.

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.

The documentation used to liaise with the UKBA is within the Local Authority's policy and procedure document.

If you have any queries or concerns then please contact me.

If you are dissatisfied with the handling of your request please contact the Information Governance Manager at The London Borough of Merton, Civic Centre, London Road, Morden SM4 5DX or e-mail [Merton Borough Council request email] .

You can also complain to the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF 
Telephone: 01625 545 700
www.informationcommissioner.gov.uk

Yours sincerely

Chrissy Gilliland

Complaints and Customer Service Officer

CHILDREN, SCHOOLS AND FAMILIES DEPARTMENT

Business and Communication Team

London Borough of Merton

Merton Civic Centre, London Road

Morden, Surrey SM4 5DX

Direct Line: 020 8545 3086

Fax: 020 8545 3443

Email: [email address]

My Ref :

Please Ask For: Chrissy Gilliland

Your Ref:

Date: 15 June 2009