Divergent Approach to Age Assessments in the UK

June 11, 2026 · WOWERI

In Scotland, the court cannot decide a person's age. This was established in the case of QAN v South Lanarkshire Council. Previously, the UK Supreme Court ruled in the case of R(A) v Croydon LBC.

Introduction

In the UK, local authorities conduct age assessments for young migrants. However, the approach to these assessments can vary across different parts of the country. In Scotland, the court cannot decide a person's age if their age assessment is challenged.

Background

In the case of R(A) v Croydon LBC [2009] UKSC 8, the UK Supreme Court ruled that local authorities must conduct age assessments for young migrants. However, in Scotland, this approach was changed in the case of QAN v South Lanarkshire Council [2026] CSOH 49.

Implications

This approach can have significant implications for young migrants in Scotland. If their age assessment is challenged, they may not be able to receive the necessary support and protection.

Source: freemovement.org.uk