Chamber and committees

Each Scottish local authority determines its own approach to the statutory support that it provides to unaccompanied asylum-seeking children which varies according to the particular circumstances of each case.

For a young person seeking asylum and challenging their age assessment, their main support would come from their legal representative (and access to legal aid) providing legal advice as to whether there are grounds to challenge the age dispute. A person looking for legal advice on an immigration or asylum case, has open to them, the full range of publicly funded legal assistance available in Scotland. The same statutory tests apply, and there is no residency test for accessing this funding.

Depending on the particular circumstances of the case, some asylum seekers who are challenging their age assessment and do not have their own resources ( and as a result would otherwise be destitute) can apply to the Home Office for accommodation and financial support under section 95 of the Immigration and Asylum Act 1999. Asylum seekers also have access to the NHS in Scotland at no charge, including entitlement to register with a GP and dentist, have eye tests and to access emergency and specialist health services.

An unaccompanied asylum seeking child who is disputing their age assessment is entitled to care and support through the local authorities under Section 25 of the Children (Scotland) Act 1995 and Children and Young People (Scotland) Act 2014. Since 2010, the Scottish Government has funded the provision of a Guardian to eligible children through the Scottish Guardianship Service. This service supports unaccompanied children and local authorities as they navigate the asylum system.

The Scottish Government is discussing with COSLA what further support can be provided to local authorities in relation to the challenging of age assessments.