Keyword

Merton Compliant

This term is used in relation to asylum seeking children and young people. The UK Border Agency bases age assessments on the applicant’s physical appearance and/or general demeanour and any available documentation. It is the UK Border Agency policy to accept a Merton compliant age assessment of a local authority (in England and Wales) as evidence of age where satisfied that such an assessment has been carried out.

The Merton judgment was handed down by Burnton J in the High Court on 14 July 2003, and gives ‘guidance as to the requirements of a lawful assessment by a local authority of the age of a young asylum seeker claiming to be under the age of 18 years’. All local authorities are required, following the Merton judgment, to ensure that their assessments are full and comprehensive, and that the process for assessing age is clear, transparent and fair.

A Merton Compliant assessment will normally include a face-to-face meeting with the young person; set out the general background of the applicant, and adhere to standards of fairness