Age assessment practice guidance for Scotland: child rights and wellbeing impact assessment

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

This impact only applies to unaccompanied asylum seeking children who have been accommodated in adult asylum hotels or who are spontaneously presenting (for example, having been trafficked to Scotland.) It will therefore have the following impact:

1. Positive: It is advised that those in adult hotels who could be children are accommodated as children pending a full age assessment. This allows them time to settle in a service, accessing children’s services until such time it is appropriate to undertake a full age assessment. Local authorities tell us that sometimes, observation alone confirms that they are a child and no age assessment is needed.

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

This guidance has been drafted to support local authorities to get a relatively new process correct by ensuring that age assessments are conducted in a way which recognises the best interests of the young person.

It supports children or young people who could be children being given the benefit of the doubt whilst awaiting a full age assessment; this is set out clearly in a rewritten section and will help to ensure that those who could be children are not accommodated as adults with other adults. It, therefore, reduces safeguarding and child protection concerns. It also helps to ensure that those children can access children’s services. As outlined earlier, the guidance states that the voice of the child should be heard in the process, specifically – for example by recommending that where doubts form over the age of the child or young person, those doubts are shared so that the child or young person can choose to address those concerns.

The steps outlined in guidance are intended to ensure children or those who could be children are removed to children’s services as quickly as possible. This should provide them with more protection against the risk of being trafficked or re-trafficked whilst in Scotland.

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

There is a possible risk that young adults will be accommodated in and access children’s services whilst waiting for a full age assessment. However this risk already exists – it is not a consequence of the revised guidance. Rather, the revised guidance is in place to assist local authorities when carrying out age assessments for the purpose of discharging their legal responsibilities. The guidance recommends that suitable accommodation is sourced for the young person, and it also sets out possible mitigations for when a child or person who could be a child has to remain in adult accommodation pending a placement being sourced.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Issue or risk identified and relevant UNCRC requirement

There is a possible consequence and risk that young adults will be accommodated in and access children’s services whilst waiting for a full age assessment.

Action Taken

The guidance recommends that suitable accommodation is sourced for the young person, and it also sets out possible mitigations for when a child or person who could be a child has to remain in adult accommodation pending a placement being sourced.

Date action was taken: Publication date

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Yes

Healthy: Yes

Achieving: Yes

Nurtured: Yes

Active: Yes

Respected: Yes

Responsible: Yes

Included: Yes

The proposed action to update guidance provides the opportunity for a child to be all of the above. The difference between staying in a hotel with little support to being cared for by Children’s Services can be significantly different. It provides safety and nurture.

UAS children are likely to have health concerns or mental ill health but it has been reported that by building relationships, they begin to speak about their trauma. This can take about a year and so in order to support with issues, Social Work staff need the opportunity to start building relationships as early as possible.

Becoming settled in a placement will then positively impact the child’s ability to achieve, be active, respected, responsible and included.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

Guidance will be publicly available on the Scottish Government website.

Engagement with advocacy agencies including both Just Right Scotland and Guardianship Scotland contributing to this work.