Question to the Home Office:

To ask His Majesty's Government what steps they are taking to ensure that unaccompanied child asylum seekers arriving in the UK are not placed in adult prisons.

Determining the age of a young person is a difficult task and therefore, the age assessment process for immigration purposes contains safeguards.

Where a new arrival does not have genuine documentary evidence of their age and their claimed age is doubted, an initial age decision is conducted as a first step to prevent individuals who are clearly an adult or minor from being subjected unnecessarily to a more substantive age assessment and ensure that new arrivals are routed into the correct accommodation and processes for assessing their asylum or immigration claim. The lawfulness of the initial decision on age process was endorsed by the Supreme Court in the case of R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38.

Where doubt remains and an individual cannot be assessed to be significantly over 18, they will be treated as a minor for immigration purposes until further assessment of their age by a local authority.

The Home Office initial decision on age is not binding on the courts, and where the Court has doubt whether the individual is a minor or not, the courts will take a decision on the age of an individual before them based on the available evidence. This decision would then determine the type of detention estate someone is sent to if given a custodial sentence or remanded in custody. If an individual is sent to an adult prison and is later found to be a child, they can be moved to the youth custody estate if there continues to be a need to detain them.

The recent legislative reforms introduced by this government will improve the accuracy of the scientific age assessment outcomes, minimising the risk that a person will be incorrectly treated as either an adult or a minor and ensure that age-appropriate services and care are reserved for genuine minors.