Recommendation 28

We remain concerned about ‘scientific methods’ being used to assess age in light of the continued opposition from relevant professional organisations and doubts over the accuracy of such measures. We remain unconvinced there is any justification for the use of scientific methods instead of a holistic assessment. We agree with the Government that the Secretary of State’s power to penalise children for not complying with these methods should only be made where there is evidence that the methods involved are consistently accurate and could be applied in a manner that does not breach the individual’s rights under Articles 3 or 8 ECHR. Any such regulations would have to be carefully drawn to ensure that the circumstances and experiences of the individual child, as well as their best interests, are fully considered before determining whether a child has reasonable grounds for refusing to comply and applying any penalty. The Home Office should also issue guidance as soon as possible setting out what would constitute reasonable grounds for refusing consent. Moreover, any penalisation (and the reasons for it) would have to be challengeable in court.