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| Border Agency halts x-ray programme for child asylum seekers | Border Agency halts x-ray programme for child asylum seekers |
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| The UK Border Agency has been forced to suspend its controversial programme to x-ray the teeth of child asylum seekers to help determine their age, following the chief medical officer's demands that it seek ethical approval from the NHS. | The UK Border Agency has been forced to suspend its controversial programme to x-ray the teeth of child asylum seekers to help determine their age, following the chief medical officer's demands that it seek ethical approval from the NHS. |
| The agency's asylum director, Zilla Bowell, admitted that it had not considered it would require ethical approval and had "paused" the programme while it sought formal permission. The move is a profound embarrassment for the Home Office, the agency's parent department, which has also faced criticism from the UK's four children's commissioners and immigration lawyers and a torrent of questions about its intentions from education ministers responsible for children's welfare. | The agency's asylum director, Zilla Bowell, admitted that it had not considered it would require ethical approval and had "paused" the programme while it sought formal permission. The move is a profound embarrassment for the Home Office, the agency's parent department, which has also faced criticism from the UK's four children's commissioners and immigration lawyers and a torrent of questions about its intentions from education ministers responsible for children's welfare. |
| The Home Office refused for a month to publicly reveal whether the agency had ever sought ethical permission for the programme – it now transpires it had not. In fact, volunteers for the experiment run with Croydon council, south London, and Professor Graham Roberts, of King's College hospital, London, have not yet been recruited. | The Home Office refused for a month to publicly reveal whether the agency had ever sought ethical permission for the programme – it now transpires it had not. In fact, volunteers for the experiment run with Croydon council, south London, and Professor Graham Roberts, of King's College hospital, London, have not yet been recruited. |
| The chief medical officer, Dame Sally Davies, had demanded reassurance as soon the programme was announced on 28 March, while the children's commissioner said the programme was "a clear breach of human rights". A previous attempt to run such a programme was ditched by the Labour government in 2008 after Davies's predecessor, Sir Liam Donaldson, raised concerns. Opponents of the revamped attempt say it is unethical to subject young people to radiation that is not for medical benefit. | The chief medical officer, Dame Sally Davies, had demanded reassurance as soon the programme was announced on 28 March, while the children's commissioner said the programme was "a clear breach of human rights". A previous attempt to run such a programme was ditched by the Labour government in 2008 after Davies's predecessor, Sir Liam Donaldson, raised concerns. Opponents of the revamped attempt say it is unethical to subject young people to radiation that is not for medical benefit. |
| The agency however has complained for years that it is difficult to establish the age of young asylum seekers, who are treated differently if they are under 18. Bowell's letter dated Friday 27 April said: "I believe that we should strive to improve the age assessment process – because of the potential child safeguarding benefits that it will bring, in terms of ensuring that both children and adults are diverted to age-appropriate services, and because of the potential benefits in terms of improving immigration control." | The agency however has complained for years that it is difficult to establish the age of young asylum seekers, who are treated differently if they are under 18. Bowell's letter dated Friday 27 April said: "I believe that we should strive to improve the age assessment process – because of the potential child safeguarding benefits that it will bring, in terms of ensuring that both children and adults are diverted to age-appropriate services, and because of the potential benefits in terms of improving immigration control." |
| It continued: "We have discussed our proposed trial with the National Research Ethics Service (NRES) as the chief medical officer suggested. I wanted to make you aware of the outcome of these initial discussions, which is that the NRES has concluded that our proposed trial constitutes 'research' and that, as such, it requires the approval of a research ethics committee before it can proceed. | It continued: "We have discussed our proposed trial with the National Research Ethics Service (NRES) as the chief medical officer suggested. I wanted to make you aware of the outcome of these initial discussions, which is that the NRES has concluded that our proposed trial constitutes 'research' and that, as such, it requires the approval of a research ethics committee before it can proceed. |
| "This conclusion was contrary to our expectations – our view was that the trial did not constitute 'research' and that ethical approval was not therefore necessary. However, the agency respects the view of the NRES, and, in light of this, we now intend to work further with our partners in the proposed trial … and with the NRES to seek formal ethical approval." | "This conclusion was contrary to our expectations – our view was that the trial did not constitute 'research' and that ethical approval was not therefore necessary. However, the agency respects the view of the NRES, and, in light of this, we now intend to work further with our partners in the proposed trial … and with the NRES to seek formal ethical approval." |
| Alison Harvey, general secretary of the Immigration Law Practitioners' Association, said the agency's letter "suggests that until objections were raised it saw no difficulties with reaching its own view on whether its experiment with x-rays needed ethical approval. It did not consult with those who could have explained that it did." | Alison Harvey, general secretary of the Immigration Law Practitioners' Association, said the agency's letter "suggests that until objections were raised it saw no difficulties with reaching its own view on whether its experiment with x-rays needed ethical approval. It did not consult with those who could have explained that it did." |
| Harvey said: "How the agency intended to fulfil its legal obligation to safeguard and promote the welfare of children in these circumstances is wholly unclear. That the agency did not consider what it was doing to be research is perhaps not surprising given that it has to date been unable to describe what hypothesis it is testing and how it intends to test the truth of any hypothesis by this experiment." | Harvey said: "How the agency intended to fulfil its legal obligation to safeguard and promote the welfare of children in these circumstances is wholly unclear. That the agency did not consider what it was doing to be research is perhaps not surprising given that it has to date been unable to describe what hypothesis it is testing and how it intends to test the truth of any hypothesis by this experiment." |
| Lisa Nandy, Labour MP for Wigan, who has been probing ministers on the issue for weeks, said: "This suspension is welcome news, but the question remains as to how Home Office ministers could sign off a pilot involving vulnerable children without ethical approval or discussions with children's ministers. | Lisa Nandy, Labour MP for Wigan, who has been probing ministers on the issue for weeks, said: "This suspension is welcome news, but the question remains as to how Home Office ministers could sign off a pilot involving vulnerable children without ethical approval or discussions with children's ministers. |
| "This issue demonstrates a failure across government to protect the most vulnerable children. In light of the serious concerns raised, these pilots must not be allowed to resume." | "This issue demonstrates a failure across government to protect the most vulnerable children. In light of the serious concerns raised, these pilots must not be allowed to resume." |
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