Age-disputed asylum-seeking minors in 'risky situations' living alone in adult accommodation

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Children seeking international protection who are deemed to be adults by Tusla are being put “in risky situations” with children as young as 15 living alone in adult accommodation, an Oireachtas committee has heard.

Medical charity Safetynet, which provides healthcare to individuals who do not have access to mainstream healthcare, has encountered several children who have been deemed adults, which resulted in a minor being left to sleep rough due to a lack of State-provided shelter at the time.

Safetynet’s Dr Fiona O’Reilly said it can take months for a reassessment for age-disputed minors, during which they can be extremely vulnerable and unprotected in adult accommodation.

Dr Alva O’Dalaigh said the age-disputed minors are in a “no man’s land,” in which they cannot access education or tailored medical supports.

As an example, she said one minor had to access adult mental health services after Camhs refused due to his disputed age, and after attending the adult services, it was said he should seek “age-appropriate” care.

The charity outlined eight case studies of children placed in adult accommodation, two of whom said they were 15.

Dr O’Reilly said GPs concluded that they were likely to be the ages they claimed to be based on physical and behavioural maturity.

“All requested a reassessment and waited months for this, and most did not yet have it when we spoke with them last. One was successful in having his claimed age accepted however, this occurred just as he turned 18. 

"The two 15-year-olds continue to be very vulnerable, with one not managing to feed herself adequately,” Dr O’Reilly said.

The 15-year-old girl remains in adult accommodation and has since been put in accommodation with self-catering facilities for which she receives more funding for groceries. 

However, the committee heard that the girl does not have the confidence to shop or cook, while adults within her accommodation have pressured her to give them her additional money.

Dr O’Reilly said the International Protection Office relies on Tusla’s eligibility for services assessment to decide whether to treat the young person as a child or an adult, while the principle of benefit of doubt in favour of the child’s claimed age does not currently apply.

“At the very least, in the interest of child protection, the young person should be placed in safe accommodation until the age assessment has been fully concluded, including the appeal,” she said.

Consultant paediatrician Dr Aoibhinn Walsh said the circumstances surrounding disputed minors are very difficult for healthcare providers to navigate and is leaving children in “the most appalling high-risk situations”.

Tusla interim chief executive Kate Duggan said some 256 migrant children are currently in its care, and as the number increases, Tusla will be further challenged to respond in a timely and accessible way within existing resources.

“Over the last 12 months, there has been a significant and unprecedented increase in the number presenting to, or being referred to this service, which has significantly impacted our ability to respond appropriately,” she said.

Ms Duggan also highlighted the risk of putting adults into accommodation or schools with children.

“Where there is a concern about their age, or we're not fully assured about their age, we do place them in temporary accommodation arrangements away from minors,” she said.

Tusla area manager Lorna Kavanagh said medical assessments are not used in Ireland to determine age like in other countries, but instead, a general intake assessment looks at “social history” including family structure, their journey undertaken, as well as supporting documentation if available.