The Minded To Discussion is an important part of any age assessment. Not only is it now a case law requirement for both full and brief age assessments, it’s an essential part of any age assessment where there are concerns about someone’s age.
Recent case law has highlighted several instances of poor practice when conducting Minded To Processes so we have developed an infographic to help social workers complete this important task.
In a recent case against Liverpool City Council, the judge spent time considering how the Minded to Process should be conducted.
“This is really about identifying concerns, and allowing a chance to answer them. It means this: no decision has been made; we do have some concerns; we want to give you the chance to help us with these concerns; we will listen; and then we will make a decision”
We spent some time analysing that judgement here
The purpose of the Minded to Process is to put any concerns to the young person, and allow them sufficient time to consider and respond. This is an incredibly difficult thing to do for young people (including those who are 18+) and it’s important we approach this with compassion and support.
The way we approach these discussions is as follows:
Both social workers should sit down together and consider the evidence they have been able to gather within the age assessment (both from the young person and other professionals)
Write a list of all the evidence that indicates a potentially different claimed age
Differentiate the items in your list. What evidence is opinion based (i.e. physical appearance, observations on demeanour) and what requires clarification? Note: Both opinion and clarification points will need to be put to the young person (otherwise it should not be included in the report) but opinion statements are for information only and do not require a response unless the young person wants to provide one (it’s very difficult to respond to the statement “we think you look older”)
During your session, reiterate that a decision has not yet been made, but you have concerns, you want to discuss those concerns, you will listen then make a decision, and then read out the list of these concerns. This is a difficult part of the assessment and the young person is highly likely to get stressed/anxious/upset at this point. Remember to remain compassionate in your approach regardless of the presenting behaviour. (Note: a stressed response is not an indicator or maturity – it’s a survival response)
Physically hand the list to the appropriate adult and allow the young person time alone with them and the interpreter to consider the points. Don’t put a time limit on this, and wait to be invited back in.
Upon return, go through each point individually and discuss these with the young person. This is not a test, its an opportunity for discussion and clarification. Ensure you record their responses accurately.
Once the discussion has ended, take time out to reconsider if the evidence has changed. Are there things that require further clarity? Do you need to do more research?
This is a very difficult discussion regardless of age, ensure that you remain compassionate. Check arrangements for returning a young person home, is there someone coming to collect them? Is there someone at home who can check in on them?
We hope this is helpful. If you have any feedback or would like to discuss this in more detail get in touch here
