I hear what the noble Lord has to say. As I say, the figures that I have bear on a broader field, from 2016 to 2020. Perhaps the discrepancy, if there is one, can be explored in terms of writing, if the noble Lord is content.
These reforms also provide for a right of appeal where there is a dispute as to each age assessment, and such an appeal will be heard in First-tier Tribunal, which will replace the current route of judicial review, which we anticipate will find a more cost-effective and quicker way of hearing these important matters.
In relation to Amendment 148, there is nothing in existing law precluding the ability of decision-makers to use scientific methods of age assessment in appropriate cases. We are aware of a number of cases in which dental X-ray examinations have been used. Clause 51(9)
clarifies the pre-existing legal position that scientific methods that may not have been specified by the Secretary of State under subjection (1) may continue to be used where appropriate. However, a negative inference from a person’s refusal to undertake a non-specified method cannot be taken under this clause.
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In relation to Amendment 151, as tabled by the noble Lord, Lord Green of Deddington, and spoken to by my noble friend Lady Neville-Rolfe, clear safe- guarding issues arise if a child is inadvertently treated as an adult and, equally, if an adult is wrongly treated as a child. We say that our current threshold, which specifically deems a person to be adult when their physical appearance and demeanour very strongly suggest that they are significantly over 18, strikes the right balance, and it was deemed lawful by the Supreme Court judgment in the case of BF (Eritrea). Those who do not meet that threshold are given the benefit of the doubt and afforded the same entitlements as a child. That ensures that our obligations are clear when seeking to safeguard and protect the welfare of children. I am sympathetic to the impulse that prompted this measure.
In relation to the amendment proposed by my noble friend Lady Neville-Rolfe, age assessment of a person is, as we accept, a challenging task, and no single assessment technique is likely to determine an individual’s age with precision. We are already drawing up plans to monitor and evaluate the impacts of our policy and develop the evidence base to support further work.
In relation to the amendment tabled by the noble Lord, Lord Coaker, the Government are determined to create a more effective system of assessing age, promoting welfare and safeguarding children. With the national age assessment board, to which I have made reference, staffed as it is by qualified social workers, together with the work that we are doing on establishing a scientific age assessment basis to complement the existing work, which as your Lordships will be aware will be done by means of interview, in terms of Merton-compliant procedures, we hope that these measures will provide a holistic manner for which these difficult and sensitive questions can be addressed on as full an evidence basis as possible. On that reassurance, I invite noble Lords and the noble Baronesses who have tabled amendments not to press them.