Social Workers conducting age assessments of young people claiming asylum. (Birmingham 25/05/09)
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/Admi...
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Yours faithfully,
Cassidy, J
Dear Sir
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Data Protection and Freedom of Information Manager
Children, Young People and Families Directorate
Birmingham City Council
Tel: 0121 464 4591
Email: [email address]
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Dear Sir or Madam,
This request is currently overdue a response from Birmingham City Council. By law, the response had to be prompt but no later than 23 June 2009
Yours sincerely,
Cassidy, J
Dear Sir
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Yours sincerely,
Steve Cullen
Data Protection and Freedom of Information Manager
Children, Young People and Families Directorate
Birmingham City Council
Tel: 0121 464 4591
Email: [email address]
"Cassidy, J"
<request-12430-31
0a9bb2@whatdothey To
know.com> [email address]
cc
24/06/2009 12:26
Subject
Re: Freedom of Information request
- Social Workers conducting age
assessments of young people
claiming asylum. (Birmingham
25/05/09)
Dear Sir or Madam,
This request is currently overdue a response from Birmingham City
Council. By law, the response had to be prompt but no later than 23
June 2009
Yours sincerely,
Cassidy, J
Dear Sir
I am writing in respect of your recent enquiry for information held by the
Authority under the provisions of the Freedom of Information Act 2000.
Please accept my apologies for the delay in responding.
Please find herewith the following:
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?
Age assessments are normally conducted by 2 registered social workers but
when in exceptional circumstances it is deemed more appropriate that a
registered social worker may take the lead and be assisted by another
social care worker if, for example, they are better acquaited with the
young person.
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.
This is not an anomaly: the quotation from the judgement reflected the
practice in 2 Local Authority areas and there is not practice guidance that
2 registered social workers should routinely undertake age assessments.
The lead role in age assessments is always assumed by a registered social
worker and normally the second worker is also a registered social worker.
In exceptional circumstances a residential worker may assist.
2) That since 01 April 2005 you have always used at least two Social
Workers?
The practice outlined above - that the lead role in age assessments is
always assumed by a registered social worker and normally the second worker
is also a registered social worker. In exceptional circumstances a
residential worker may assist - has been in place since 1 April 2005.
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.
As above
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.
This statement was in relation to the practice in a particular borough, and
in this authority we do not routinely advise applicants that they can have
an adult present to give support.
4) Please provide copies of any age assessment guidance or training
material you hold.
We do not have any specific training material
I attach the assessment document we use at present.
(See attached file: Age Assessment_Electronic.dot)
Whilst we have undertaken a thorough search of the information held by
Birmingham City Council, it may be that, due to the size and amount of
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Telephone: 01625 545745 Web Address: www.ico.gov.uk
Yours sincerely,
Steve Cullen
Data Protection and Freedom of Information Manager
Children, Young People and Families Directorate
Birmingham City Council
Tel: 0121 464 4591
Email: [email address]
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