End detention of asylum seekers whose age is disputed, says charity

The charity said that people whose age was in question should be given the benefit of the doubt until their age was established by an independent professional.

It also said they should have a legal guardian appointed to ensure that their best interests are safeguarded.

“This would include those whose claim to be a child has not yet been fully determined,” the charity added. “This person’s role would be to ensure that all children within the asylum system are able to understand their rights, ensure that their voices are heard in decisions that affect them and are supported effectively through the different legal processes that they are engaged in.”

The Refugee Council claimed that – despite a Government pledge in 2010 to end child detention – a number of unaccompanied children were still being imprisoned as they were wrongfully thought to be adults.

The charity said that last year it had secured the release of 36 young people found in detention who had been wrongly assessed to be adults. Six other young people were released from detention into local authority care pending a new age assessment.

It added that of the young people released, 12 were under the age of 16, with two being under the age of 15.

“We suspect this figure to be the tip of the iceberg, with more cases of children being wrongly detained going unreported and unchallenged,” the Refugee Council said, adding that wrongful detention in adult immigration centres could be an extremely damaging experience.

Refugee Council Policy Officer Judith Dennis said: "Locking up children who haven’t committed any crime is a shameful practice that must end now. The Government knows that wrongfully imprisoning vulnerable children can cause lasting psychological and emotional damage so it’s completely astounding it continues to do so.

"Children within the asylum system are already extremely vulnerable. It’s wholly unacceptable that they are consistently put at further risk by the authorities who are supposed to be protecting them. Children should be treated as children first, regardless of their immigration status.”