What Makes an Age Assessment Merton-Compliant in 2025?

When local authorities and legal firms conduct age assessments in the UK, one of the most important benchmarks remains the Merton-compliant framework. With changing legislation and increasing scrutiny—especially following the Nationality and Borders Act 2022 and the introduction of the National Age Assessment Board (NAAB)—it's crucial to ensure assessments are conducted lawfully, ethically, and with due care in 2025.

But what does it mean to be Merton-compliant in today’s context? How can local authorities ensure their assessments meet this standard?

Understanding Merton-Compliant Age Assessments

The term "Merton-compliant" comes from the case of R (B) v London Borough of Merton [2003]. This case established key safeguards for local authorities assessing the age of unaccompanied asylum seekers with uncertain age claims.

A Merton-compliant assessment should adhere to the following principles:

• Be fair and objective.

• Be carried out by two trained and experienced social workers.

• Allow the young person to be heard, with an appropriate adult present.

• Take a holistic view of the young person, considering their full background rather than just appearance or behavior.

• Provide clear and well-documented reasons for decisions made.

  
  

These principles remain the legal and professional standard across the UK.

Merton-Compliance in 2025

Age assessment practices are continually evolving. Recent legislation permits the use of scientific methods, such as x-rays and MRI scans. While these methods are debated, they should not replace a comprehensive, welfare-led assessment that includes the young person’s full story, background, and needs.

Strong Evidence Gathering

One of the most important elements of an age assessment is constructing a timeline of the young person’s life. This includes:

• Information on education.

• Family background.

• Key life events.

• The migration journey.

  
  

A well-structured narrative can often provide more reliable insights than focusing solely on physical appearance or behavior.

Cultural Awareness

Understanding the young person’s cultural background is vital. Assessors should invest time in researching the norms of the individual's country of origin. This is particularly important concerning:

• Education practices.

• Family roles.

• Significant life milestones.

  
  

Such knowledge helps prevent misinterpretation or assumptions based on UK norms.

Transparency and Record-Keeping

Transparency is key in conducting age assessments. All steps in the assessment process must be clearly documented. Notes should outline how information was considered and why specific conclusions were reached. This documentation is essential to defend against potential legal challenges.

Supporting the Young Person

It's important that the young person feels supported throughout the assessment process. This support should include:

• An appropriate adult present during assessments.

• Access to an interpreter, if necessary.

• Opportunities for the young person to understand what the assessment entails.

  
  

Providing legal advice is also crucial, especially if there are plans to challenge the outcome.

Avoiding Bias and External Influence

Impartiality is essential in assessments. Decisions should not be swayed by assumptions based on nationality, political narratives, or pressure from external agencies. This aspect has gained importance following the introduction of the NAAB. While NAAB assessors are expected to adhere to Merton principles, organizations like BASW have raised concerns about the independence of assessments conducted under the Home Office framework.

When Should Local Authorities Seek External Support?

In certain situations, local authorities may consider outsourcing their age assessments. Reasons for outsourcing include:

• High caseloads.

• Lack of capacity.

• The need for an independent view.

  
  

Moreover, complex legal challenges or safeguarding concerns may necessitate external oversight. Collaborating with independent professionals guarantees thorough and fair assessments that comply with current legal standards.

Benefits of Independent Age Assessments

Having an independent viewpoint in age assessments brings several advantages:

• Objective Evaluation: Independent assessors can provide an unbiased perspective, reducing the risk of internal bias.

• Expertise: Independent professionals often have specialized expertise that can enhance the assessment process.

• Credibility: Outsourcing lends credibility to the assessment, particularly in disputes or legal challenges, as it reflects a commitment to fairness.

  
  

Need Help with Merton-Compliant Age Assessments?

At Independent Migrant Services, we specialize in offering age assessments for local authorities and legal teams across the UK. Our approach is not only legally sound, but also culturally informed and focused on the welfare of the young person.

If you would like to discuss how we can support your team, please get in touch.