Age-disputed asylum seekers in Scotland left vulnerable, says British Red Cross

A charity has raised concerns for the welfare of “age disputed” asylum seekers in Scotland – young people whom the Home Office suspects may be adults claiming to be children.

The British Red Cross told MSPs that some young people are being left in “precarious and vulnerable” situations due to lengthy waits for age assessments which eventually determine they are children.

Holyrood’s Social Justice Committee heard that in the three years before August 2023, the charity had supported 39 people in Scotland who wished to challenge their age, either through local authorities or the Home Office.

Phil Arnold, head of refugee support for Scotland at the Red Cross, said 82% of these challenges resulted in them being ruled to be a child.

He told the committee: “They fell through the gaps of protection in Scotland and were found to be living independently for a prolonged period of time.”

Last year, the charity helped a further 32 age-disputed young people, he said, with an average of 11-week waits for council age assessments to be carried out.

In some cases, he said young people were being housed in hotels where more than 100 men were staying.

Mr Arnold said there is a legal duty to treat a young person as a child until their age is fully determined.

He said: “For the majority of those (age disputed young people), it requires work starting around judicial review to undertake an age assessment with the local authority.

“During that period of time, those young people would be living independently as an adult in very precarious, vulnerable situations.

“On average last year, it took the best part of three months before local authorities agreed to undertake that age assessment.”

Mr Arnold said that of last year’s cohort, about two-thirds were ultimately found to be children.

He said these people were very vulnerable but are being left to live as adults, adding: “That’s the wrong way round, people should be treated as a child when there’s any doubt over their age.”

Last year, the UK Government passed the Illegal Migration Act, which brought in a number of reforms to the asylum system.

It introduced tougher measures for age assessments, which the Home Office said would “protect children” and “avoid lengthy age disputes” preventing the removal of those deemed to be adults.