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Asylum: Children

Answer

Responsibility for age assessment sits between the Home Office and local authorities. Local authorities are required to determine whether they have obligations towards an individual under the relevant children’s legislation and the Home Office needs to establish age for immigration purposes. Both are subject to legal duties to safeguard and promote the welfare of children.

Throughout 2026, Facial Age Estimation (FAE) technology will continue to undergo rigorous testing, ahead of expected implementation in 2027 for small boat arrivals at Western Jet Foil, where quick decisions are critical. This testing is being carried out across diverse groups, including different ethnicities, genders and age ranges, indicating promising performance and accuracy. The National Physical Laboratory (NPL), the UK’s National Metrology Institute (NMI) - world leading in establishing the most accurate metrology standards, science and technology, has been commissioned to carry out the independent review of testing and trial reports produced by the Home Office.

Testing and assurance is ongoing. Equalities impacts, the impacts on children (including our duties under Section 55 of the Borders, Citizenship and Immigration Act 2009) are being considered through ongoing testing, independent analysis and policy development, in line with legal advice and public sector equality duty obligations. In addition to the introduction of FAE technology, we have also begun work to utilise the regulation-making power under section 53 of the Nationality and Borders Act 2022, to codify the manner in which age assessments under sections 50 and 51 of the Act must be conducted.

These regulations, which would apply to decisions made both by local authorities and the National Age Assessment Board, will enable the creation of a clear and uniform set of standards and support decision-makers to achieve greater consistency in the way age is assessed, as well as endeavouring to ensure assessments can be carried out in a more efficient, proportionate manner. The regulations will be supported by detailed guidance for those conducting these assessments and will consolidate existing best practice principles and other existing published guidance, which follow caselaw set by the courts. Existing guidance will remain relevant until subsequent guidance is published.

We are planning targeted engagement to draw on the expertise and experience of specific relevant stakeholders, including local authorities and the Department for Education, and hearing children’s voices, which will be essential to the development of the regulations and guidance.

Secondary information

Type

Written question

Reference

HL1173

Session

2026-27

Grouped for answer

Yes

Subjects

Children Asylum Local government Age assurance

Legislation

Nationality and Borders Act 2022

Link

View this Written question on www.parliament.uk