KV v The Secretary of State for the Home Department

Contents Section 1: Introduction 3 1.1 Purpose of instruction 3 1.2 Background 3 1.3 Policy intention behind considering MLRs 4 1.4 Application in respect of children 4 Section 2: Process and Case Management 5 2.1 Referrals to the Foundations 5 2.2 Children 5 2.3 Pre-Assessment procedure by the Foundations 5 2.4 Cases accepted for a pre-assessment 6 2.5 Assessment timescales 7 2.6 Case management 7 2.7 Granting leave without the need for an MLR 8 2.8 Case handling at the substantive interview stage 8 2.9 Interim Reports 10 2.10 Cases where referral does not lead to an MLR 10 2.11 Detained Fast Track Processes 11 Section 3: Considering the content of MLRs 12 3.1 Introduction 12 3.2 Interviewing 13 3.3 Considering MLRs as part of the decision making process 13 3.4 Assessing the overall claim 15 3.5 MLRs submitted following refusal of asylum 16 3.6 Preparing case files for appeal hearings 16 Section 4: Miscellaneous 17 4.1 Difficulties with the Foundations 17 4.2 Reporting 17 Annex A –Template Letter: Advising Legal Representative that the case is on hold 18 Annex B: Background information on the Foundations 19 Section 5: Change Record 21 Asylum Policy Instruction: Medico-Legal Reports from Freedom from Torture and Helen Bamber Foundation V3.0 (2014-01) Page 2 of 21 Note: This Document Becomes an Uncontrolled & Unsupported Version if Printed Section 1: Introduction 1.1 Purpose of instruction This guidance explains how caseworkers should process and consider asylum claims involving allegations of torture or serious harm where a Medico-Legal Report (MLR) from the ‘Medical Foundation Medico-Legal Report Service’ at Freedom from Torture or the Helen Bamber Foundation forms part of the evidence. There is separate guidance for medical (or expert) reports submitted by other individuals or organisations in Medical Evidence (Non Medical Foundation cases), and where a report is submitted in relation to an Age Dispute case. This is a supplementary instruction and must be read in conjunction with other relevant guidance when considering the claim, including: ► Considering the Asylum Claim and Assessing Credibility; ► Humanitarian Protection ; ► Gender Issues in the Asylum Claim ; ► Internal Relocation ; ► Victims of Trafficking (Guide for Competent Authorities) ; ► Appendix FM (Family Life) and Long Residence and Private Life ; ► Discretionary Leave (DL) ; ► Human Rights claims on medical grounds . 1.1 Background Torture, trauma and ill treatment can form part of any asylum and/or human rights claim and victims and survivors may have difficulties in recounting details because of the traumatic and sensitive nature of those experiences. Nevertheless, where an applicant claims to have been tortured or the victim of other forms of serious ill-treatment, caseworkers are required to consider any information about when, where, how, and by whom the torture or serious harm was inflicted. This may involve considering MLRs submitted as evidence to support the claim. This guidance is for caseworkers processing cases where either the Medical Foundation Medico Legal Report Service or the Helen Bamber Foundation (the Foundations) has registered an interest in the case and specifically, where either organisation has provided an MLR as part of the evidence of ill treatment. Further details about both organisations can be found in Annex B . Back to Contents Asylum Policy Instruction: Medico-Legal Reports from Freedom from Torture and Helen Bamber Foundation V3.0 (2014-01) Page 3 of 21 Note: This Document Becomes an Uncontrolled & Unsupported Version if Printed 1.3 Policy intention behind considering MLRs The underlying policy objective when processing claims involving allegations of torture or serious harm and considering MLRs in the context of an asylum claim is to: ► ensure all asylum claims are properly considered in a timely and sensitive manner on an individual, objective and impartial basis; ► ensure all cases are managed effectively throughout the asylum process to avoid unnecessary delay; ► ensure all relevant medico-legal (and any other) evidence provided by the Foundations in support of the claim is properly considered and given appropriate weight. 1.3 Application in respect of children Children can be victims of torture and in certain circumstances the Foundations will accept referral of cases involving unaccompanied and accompanied children. As with adults who allege torture or serious harm, referral of a child to one of the Foundations for an MLR comes via their legal representatives. Referrals for treatment services may also be made by GPs, teachers or social workers. In respect of claims involving torture or serious harm, Medical Foundation and the Helen Bamber Foundation MLRs relating to children must be considered in the same way as those relating to adults. Specially trained caseworkers deal with asylum claims from children, including cases where torture or serious harm is alleged. The Foundations’ MLRs may occasionally provide evidence relevant to the age of the child. If age is in dispute, this evidence must be considered alongside all other relevant evidence on age. Where the MLR contains more information which raises credibility issues around the claim, wherever possible, this should be put to the child (if this is being done in person, this must be in the presence of a responsible adult) to give them an opportunity to explain or clarify the credibility point in question. Evidence provided in the MLR must not be given ‘no weight’ in the overall consideration of the claim. Further guidance on weighing up conflicting evidence on age is given in the Asylum Instruction Assessing age . Caseworkers must also be aware of our obligations under Section 55 of the Borders, Citizenship and Immigration Act 2009 . Further guidance is available at Section 55 Children's Duty Guidance . Back to Contents Asylum Policy Instruction: Medico-Legal Reports from Freedom from Torture and Helen Bamber Foundation V3.0 (2014-01) Page 4 of 21 Note: This Document Becomes an Uncontrolled & Unsupported Version if Printed