Age assessment practice guidance for Scotland

2. Flowchart : The Age Assessment Process

This diagram provides a visual support to written content in sections 3-8.

Is a full age assessment required?

See section 3 on initial presentation.

No – clearly and obviously a child.

Address any child protection and support needs

Yes – the person could be a child.

Address any child protection and support needs

No – clearly and obviously an adult.

Communicate decision in writing. Consider onward referrals.

If the person could be a child, undertake full age assessment

See sections 5 and 6: Preparing for and planning an age assessment.

Assessed as either:

1. Child: Continue to address child protection and support needs
2. Adult. Consider onward referrals. See scenario 5 in section 3.

Communicate decision in writing to child / young person

Inform UKVI of decision: see section on 8 (sharing decision making)

Is the age assessment disputed?

Yes. If someone found to be adult challenges assessment, ensure that person is referred to legal advice.

If the Home Office challenges an assessment finding person to be a child, liaise with them to understand the exact concern(s.) It may be useful to discuss with the young person’s legal representative.

In both situations, consult with line manager and legal services as per local procedure and review assessment as necessary.

No – no further action. Support from services as appropriate

Local authorities are routinely responsible for conducting age assessments to determine the age of those being treated as age disputed unaccompanied asylum-seeking children in their care; these are conducted under section 50(3)(b) of the Nationality and Borders Act 2022 (“NABA”).

However, the National Age Assessment Board (NAAB) may also carry out age assessments under the provisions of the NABA. The NAAB, part of the Home Office, has a team of social workers who can undertake age assessments upon referral from a local authority or from the Home Office. It is important to note that the NAAB does not have capacity to handle all assessments and will assess referrals on a case-by-case basis.

Local authorities can refer to NAAB under section 50(3)(a) of NABA. Such referrals must comply with the requirements outlined in Home Office guidance, available here. In cases where NAAB accepts this referral and conducts the age assessment, the decision of that age assessment is binding on all local authorities that are aware of the assessment (section 50(7)).

The Home Office may instruct NAAB to conduct an age assessment without a local authority referral; the age assessments in such cases are conducted under section 51 NABA. It is important to note that these age assessments are binding on the Home Office for immigration purposes but are not binding on local authorities who conduct assessments under different legislation. However, the results of a NAAB age assessment should be given due consideration and contact made with the NAAB for the details of the assessment before a decision is made to conduct a further age assessment or accept the individual’s claimed age (if different from the assessed age).

The role of the NAAB is solely to conduct the age assessment; they will not be involved in the provision of care for the child or young person. In cases where they determine that the young person is an adult, it remains the local authority’s responsibility to consider the provision of support to the young person in accordance with their existing statutory responsibilities.