“Education G was asked to speak about his education history. G states that he can remember going to nursery, but he cannot remember the age he first attended. He said that not many children go to nursery because it was very expensive; G’s first school was Rosa Gattorno. G states that he still has the t-shirt and the school was by a football field and it was near Soyo. He said “I would get a taxi to school every day”
“RESEARCH Education system in Angola and Luanda All sources confirm similar primary school system of 4 years compulsory and free education starting from age 7 or 6 in some private schools. There is a general secondary school system which is 9 years education but in private school students may complete secondary schools education in 6 or 7 years. Secondary school may also implement polytechnic curriculum in the later part. . . . Elementary education was from 1st to 6th Grade. In 2002, 7th and 8th Grade were added to the curriculum, and in 2006, in response to changing needs in the area, secondary school teaching exclusively 7th to 9th grade. Since 2011, the schools have been implementing the Polytechnic program (Escola Polivalente e Profissional/Practical and Theoretical School) for 7th, 8th and 9th Grade. . . . Angola / Luanda has grade 1 to 9 the term year 13 used by G is British or European and does not exist in public schools in Angola. Polytechnic program could be grades 7 to 9, the final part of secondary. . . . Primary education is compulsory for four years, starting at seven years old until 11. Secondary education Often, if children want to continue their studies into secondary education, they must move to a regional capital city, so most children do not continue. Secondary education can last up to 7 years and is not free. The first three years are considered part of primary education but they are not compulsory. There are two programs, one that lasts three years (vocational secondary) and another that lasts four years (pre-university). Both paths award students the diploma of Habilitaçoes Literarias (Secondary School Certificate). The grading system in Angola is from 0 to 20, 20 being the best grade and 10 being the minimum required to pass (Suficiente). For a score of 13 to 15, you get a Bom (Good), and from 15 to 20, Excelente (Excellent). Higher education In order to access higher education in Angola, students must hold a diploma of Habilitaçoes Literarias (Secondary School Certificate) and pass an entrance exam. Information on United Kingdom: Home Office, Country of Origin Information Report - Angola,1 September 2010 confirmed the following: Education is free and compulsory up to the 6th grade. This may explain why G was eager to account for 6 year in secondary school as opposed to 5 years like the British system. Furthermore, according to COI Education in Angola has four years of compulsory, free primary education which begins at age seven, and secondary education which begins at age eleven, lasting eight years. This also suggest he completed compulsory education secondary school at age 18 or 19. Taking into consideration the fact that he left in year 13 this will make him no younger than 18 before he came to the UK. School stated by G colegio Kimbamba Luanda – facebook account was recently created so not on ministry of education website. The other similar link were – -. Kimbamba College, Primary school which is a primary school not a college -. Kilamba College From the list of Schools in Angola Universidade Gregório Semedo, Luanda . . . The page "Colegio baptister in Angola" does not exist. The polytechnic school are listed under higher education i.e after secondary schools. Education timeline in Angola Primary school – age 7 + 4 years Secondary school - age 11 /12 +8 years secondary and high school education = 19 /20 years for school leaving age Higher education – 19+ This in the system for public school however other sources suggested that secondary schools can last 6 or 7 years depending on the region or as G suggested, the ability of the student. Therefore, school leaving age could be 17 or 18.”
“G informs that when he was in year 7 there was a girl in his class that everyone made fun of because of her weight. G said the girl was 11 or 12 years old. G also said that he stayed at the same school for one year, this would make him a minimum of 12 if the girl in his class, who was the youngest, was 11 or 12. G informed that in Year 8 to 10 he was at his second secondary school, this would make him a minimum age of 15 by the time he left. G then states he attended a polytechnic, for years 11 to 12. He says that he left before year 13. This would make G between 17 or 18 before traveling to the UK. If G claims his date of birth to be 4th May this would make him at least 18 to 19 when he was accommodated by the local authority. However going by his 4th school, he could be older. According to G he already started attending Polytechnic before leaving for the UK. Given Polytechnics were mostly listed under higher education or universities in Angola, this further confirm that G could be age 19 or 20 before he left Angola and this would make him 20 or 21 at the time of the age assessment. Having deduced the age that G started secondary school (age 12 or 13) from his statement, there are three possible secondary school leaving ages, from the research on the education system in Angola. As stated in section 8 students spend 9 years in general in public school starting from age 11. Private school may operate a different system. For example some private schools follow the European school calendar for students between the ages of 3-18. . . . Other sources confirm that students may complete secondary school within 6 or 7 years which supports G’s claim about brightness and not chronological age. G therefore, might have completed secondary school between age 17 and 20, depending on the age difference with the youngest child in his class in year 7. The age he left Angola also depends on his programme at the fo[u]rth education institute. This information was vague as the school is not traceable and this appears to be a post 16 education institute where he completed 2 years before leaving Angola.”
“Education and English language skills According to G, he started secondary school after age 12 or 13 therefore 18 or 19 by his final year. G has also stated that education in Angola is not according to chronological age but how bright one is; this is a familiar system in many African Countries. This statement is also supported by COI if he attended a school where he is allowed to complete secondary school education in 6 years starting from age 12 or older, going by G’s account. Regarding his age in secondary school, G stated that he did not know this but he was at least one year older than the youngest person in class. G repeatedly said the younger person was a female who was 11 or 12 years old and they used to tease her because she was very skinny. This would make G 12 or 13 years old in year 7 and at least age 18 or 19 years old by the time he completed secondary school in 2017. In response to the statement he made on the schools he attended, while Simon was reading the reports, G grabbed the sheet of paper and pointed out that he omitted one of the schools he attended. He read the paragraph fluently at this stage which was a huge surprise because he claimed he did not understand the English language and he had previously provided written and verbal information on the three schools he attended. This was a school he attended before going to the Technology College / polytechnic. This added at least two years to his timeline. He did not mention this in his previous statement. Furthermore, in the previous statement he was very clear about the time he spent at the various schools and it seems to align with the age he claimed. As stated on section 8, in Angola secondary education begins at age eleven, lasting eight years. This also suggest he completed compulsory education secondary school at age 18 or 19. Taking into consideration the fact that he left in year 13 this will make him no younger than 18 before he came to the UK. By adding a 3rd School, he further confirmed he completed the entire 6 years of secondary school before commencing college education where he completed 2 years and left during his third year. This further suggest the completed secondary school at age 18 and left college at age 20 or 21. It appears G was very relaxed and off guard when he made these statements which did not align with the stated age. When this discrepancy was put to him, G tried to deny it stating that he needed to write things down in order not to be confused. He was given a piece of paper to write this down as he requested but he simply wrote the various forms / class and slotted his age in order to align it with the age he claimed. He did not offer any explanation on how he arrived at the ages and it was totally different to his statements. He also could not explain the big gap in his age between secondary and college education. We concluded from this that G was more guarded during the first meeting but having spent some time in local authority care by the reading on27th September 2019 , he was more relaxed, and he provided what came more naturally and factual. This updated report which incorporated G’s comments during the readback on27/09/2019 , was read back to G on20/02/2020 . His comments were as follows; G stated that the four education institutions he attended and his age at the time were Primary School was Rosa Gattovno in Soyo, he completed grades 1 to 6 and finished at age 9 Attended two secondary schools 1. Colegio Baptista in Luanda, completed year 7 at age 10 2. Colegio Kimbamba in Luanda, completed year 8,9 and 10 at age 13 Attended Institute Medio Politecnico Do Soyo, completed year 11 and 12 by age 15. The various names are the same as the one provided during the readback on 27/09/19 but the age provided is totally different to his previous accounts. It has not been possible to ascertain the possible ages at these education institutions at this stage, but the polytechnic is a post 16 provision and not possible for G to commence at age 14.”
“1. The age assessment was Merton compliant in procedural terms, the Claimant having been informed of the provisional adverse finding of the assessment when the report was read through in the presence of the appropriate adult. 2. The substance of the age assessment – which was conducted by two experienced social workers – was the result of a detailed investigation of all relevant aspects of the Claimant’s life. The social workers undertook significant research in relation to educational establishments in Angola, the result of which tended to undermine the Claimant’s account. 3. Critical to the assessment was the credibility of the Claimant. The assessment concluded that his account of his journey to the UK “does not appear to be truthful”
“[10] In my judgment these are firm grounds and valid reasons for the decision reached about age. As is common ground, the Defendant’s decision turned primarily on the Claimant’s credibility. There were inconsistencies in G’s account of his educational provision, in particular his account of attending a polytechnic which provides 16+ provision, which were put to him to give him an opportunity to respond. His response did not resolve the inconsistencies. His evidence was compared with research on educational provision in Angola. [11] The evidence relied by the Claimant and emphasised by Ms Benfield in her submissions, in the form of the professional opinions from the Claimant’s tutor and from Red Cross Workers does not address the key point about Claimant’s education history and the inconsistencies in his account. As Ms Benfield said in her submissions, it is what the Claimant says himself that is critical.”
“There is nothing wrong with the conclusion reached by the judge that, taken at its highest, the applicant’s case could not succeed at a fully contested hearing. Thornton J did not disapply R (AM) v Solihull MBC or dismiss the value of the evidence relied upon from the college tutor and the British Red Cross workers, but rather pointed out, as she was entitled to, that opinion evidence based solely on behaviour, demeanour and presentation could not overcome the fundamental features of the age assessment that led to the specific adverse credibility finding. That was not just the information about the applicant’s education history, but the fanciful account of how he came to be in the UK, coupled with the vagueness of the information he divulged on other matters that might cast light on his age. This was a balanced and careful assessment which did not rely on demeanour or appearance alone and where the experienced social workers accepted that even though the applicant was untruthful about his understanding of English, that did not mean his account was untruthful in other respects. Given that the applicant had the opportunity to and did change the information he initially provided relating to his education, and the fact he has a better understanding of English than he originally made out, the suggestion that the anomalies in his account could be explained away by errors in translation or a misunderstanding of what he said is fanciful (I note that he now says that his asylum statement, made three months after his assessment interviews, also contains a mistake in his education history).”
“G obtained the two photographs of his Christian ID card through a friend of his in Angola called Miss Teresa Luis. Teresa Luis was a friend of G’s who met at Church and as friends they used to discuss several things including studies. Earlier this year, G had contacted Teresa to ask whether she could visit their Church to take a picture of his Baptism Certificate. Teresa went to Church but was unable to take a photograph of the Baptism Certificate as the Church was closed. As G had asked for the documents, this was something that was still fresh in Teresa’s memory. Whilst Teresa Luis was clearing her computer of files one day, she came across a photo of a Christian ID card that G had sent to her in 2017. Among various photos of a younger G there were the two photographs showing G’s Christian Identity card. Teresa Luis had evidence of the Christian Identity card as she has previously been helping G with registering for an external Maths revision course that took place after school hours. It was Teresa herself who had heard about the course, and mentioned it to G. As G had wanted to improve his maths further, he told Teresa that he was interested in the revision course and had asked her to register him. Teresa had asked G to forward her evidence of his ID so that she could register him. G had sent the photos of his Christian ID card to Teresa around Christmas 2017 so that she could help him register with her for the maths revision course. At the time, G was on Christmas break in Luanda with his family, so could not register for the course himself. It has not been possible for G to obtain the original of his Christian ID card because his father used to hold all his documents and G does not know his father’s whereabouts. However, these photographs of G’s Christian ID constitute an additional element that corroborates his account of his age.”
“where you (i.e. the local authority) believe that a significantly different conclusion might be reached and that the child or young person may be notably older or younger than initially assessed” (discussed further below). The Council explained that the threshold test had not been met: “On the basis of the information currently provided and whilst the Council accepts that the Christian ID is new information not available at the date of the initial assessment it does not believe that a significantly different conclusion might be reached for the following reasons: 1. The document is hand written and a photograph which verifies that your client was baptised but not his age. 2. There is no photograph of your client although we note that Ms Luis states that she also found photographs of your client when he was younger. 3. Save that she is a friend of your client no verifiable details of Ms. Luis have been provided and indeed all the information attributed to her is hearsay. 4. Whilst the Council accepts that part of any reassessment will require it makes enquiries to establish the authenticity of the documents, there is no evidence that you have made any enquires at all as to Ms Luis, the origins of the document or its authenticity.”
“1. Contact details of Ms Luis so that the Council can verify her identity and take a witness statement from her. She can reasonably be expected to provide a statement setting out the chronology of her contacts with your client and how she came to locate the document and attaching the relevant emails with your client. 2. The covering email from your client to Ms. Luis sending her the Christian ID in 2017. 3. The name and address of the church which your client and Ms Luis attended and which she attended to try and get a copy of the Baptism Certificate. 4. Contact details of the Parish Priest at the church. 5. Photographs of your client which Ms Luis has in her possession and which she found at the same time as the Christian ID.”
“5. In his witness statement, G recounts his schooling trajectory in Angola as follows: 6 years of primary in Soyo, followed by 1 year in a first colégio in Luanda, and another 3 years (years 8, 9, 10) in a second colégio in Luanda. After this, he was admitted to the medium-level polytechnic in Soyo(see #9-14, below). 6. G’s account of his schooling in Angola is credible and consistent with my knowledge of the Angolan education system. Mandatory education has been expanded from previously 6 years to 9 years, that is 6 years of primary school, followed by 3 years of the first cycle of secondary school (1° ciclo) Accordingly, G’s account and chronology of 6 years of primary, followed by 3 years at Colégio Kimbamba in Luanda is consistent. 7. I noticed from his witness statement and his education history in the Borough’s age assessment that G does not appear entirely certain about his age when he started primary school. Mandatory state schools normally only start at 6; however, Colégio Rosa Gattorno in Soyo is a Catholic school (i.e. not state-run), which could explain why G might have started earlier (age 4, as he ventures in his statement). The six years of primary in total are accurate. 8. Both Colégio Baptista da Paz and Colégio Kimbamba have functioning and moderately active Facebook pages in Luanda. After mandatory school, those with the necessary grades can proceed on to the second or middle/medium cycle (2° ciclo, or ensino médio) of secondary school, which precedes tertiary, or higher (university) education. Many of these middle schools have a technical-vocational orientation and are therefore termed polytechnics; others are termed Pre-University (PUNIV) and offer a curriculum more oriented towards general education. 10. An Instituto Médio Politécnico such as the one in Soyo attended by G is not to be confused with an Instituto Superior Politécnico, which would offer university-level technical/engineering formations. As second cycle of secondary education, such middle institutes will normally instruct students aged 14-17 (see also at #11). 11. 14 years is the normal/minimal start age for this Year 10 of school education. In this case, G appears to already have studied for a 10th year in Luanda before gaining entry to the Soyo Institute. 12. Students who frequented a minimum of 9 mandatory school years would be able to enter such a middle school at the age of 14 or 15. However, given Angola’s still patchy education system, it is not uncommon that older students also frequent classes with younger, regular-age students (i.e. a certain age spread for students in the same grade is to be expected). This explains why some of G’s classmates would have been several years older than he was himself. 13. An August 2019 online news article reports that the Instituto Médio Politécnico de Soyo was founded in 2015 and at the time of writing offered seven different courses, chiefly in areas related to oil and natural gas production and processing. These are not to be mistaken for university degrees, but rather comparable to diplomas in vocational training (welder, drill technician, mechanic, electrician, e.g.). 14. Some of the Institute’s students are boarders and live on campus. A January 2015 news report about the imminent opening of the Institute confirms that the buildings were planned to initially host 270 students of which 100 are boarders (em regime de internato). Given that this is a boarding school that was designed to serve students from Zaire province (who, according to the Angop piece, receive studentships), it seems perfectly credible that school-age children such as G would live there independently.”
“Judging from the photographs I’ve been given the Christian Identity card looks genuine and credible to me. I base this assessment on the layout, logo, wording, style of handwriting, and categories featured on the card. The card simply confirms that G has been baptized in the Christian (Roman Catholic) faith, and lists his full name, date of birth, as well as the name of his parents, grandfathers, and godparents. The card is issued by the Diocese of Mbanza Congo, parish of the Kikudo Mission in Soyo. Though the document looks perfectly genuine, I have still done a quick search to verify the name and place of the parish and can confirm it.”
“If G’s father and he himself are indeed the target of government authorities, Ms Luis might indeed be exposed to a risk of repercussions from the Angolan authorities by trying to help G, if this fact became known to them.”
“I have no doubt that at the time of the age assessment he was still a child. G said he was 16 at the time of the age assessment and I do believe him. At that time he looked and behaved just like any other 16-year-old boy. He was friendly, sociable, easily blended in with the rest of the group, and was loved by his classmates. He was also very obedient, and liked being praised and rewarded for his behaviour and his achievements in class, which from my experience is a type of behaviour displayed by children and not by the adults. In fact when I observed G with his classmates I was confident he was one of the younger kids in class, and I had no doubt then and still have no doubt today that the Age Assessment decision on G’s age was wrong.”
“I am G’s personal tutor this year while he is studying ESOL (English as a Second Language) at Middlesbrough College. During his time here, G has integrated with the group very well, behaving and responding in the same way of the other 16–18-year-old students. He has fun with his friends in the class; laughing, dancing, and doing all the thing you would see a typical teenager do. I would not judge him to be any older than his peers as he does not stand out as so. In the past, myself and my colleagues have been in a situation where we have questioned a student’s age. They look older, the certainly behave older, their interests are different, and they have a distinct attitude and approach towards things which makes them stand out as an adult. G does not fit this description. He looks and behaves like a 17-year-old, he shares the same interests as his classmates and during my one-to-one tutorials with him, he has expressed personal details about his life, which showed a vulnerability to him, that would naturally be experienced by a child who has been separated from his family.”
“Although I note that Ms Luis has been advised not to provide such information out of fear of the regime retaliating against herself and her family, we are however unclear how the risk would be greater by providing this information to us than by providing information including the document purporting to be a baptism certificate to your client for the purpose of proving his claimed age to the UK authorities.”
“The difference in measurement between June 2019 and February 2021 is 3cm which is not significant as suggested particularly given that the measurements are subject to many variables e.g. posture of the person, type and accuracy of the equipment used and method employed by the measurer. Further these two measurements were taken in different settings. There is no evidence of the process adopted in both cases or evidence that the Council is being asked to compare like with like”
“2. Some young people may be obviously and uncontroversially children. Others may accept that they are adult. It is for those whose age may objectively be borderline, between perhaps 16 and 20, that an appropriate and fair process of age determination may be necessary. A process has developed whereby an assessment is undertaken by two or more social workers, trained for that purpose, who conduct a formal interview with the young person at which he is asked questions whose answers may help them make the assessment. It is often necessary for there to be an interpreter. The young person may or may not be able to establish or indicate his age by producing documents, which themselves may require translation. 3. In R (B) v Merton London Borough Council . . . Stanley Burnton J gave guidance in judicial review proceedings on appropriate processes to be adopted when a local authority is assessing a young person’s age in borderline cases. The assessment does not require anything approaching a trial and judicialisation of the process is to be avoided. The matter can be determined informally provided that there are minimum standards of inquiry and fairness. Except in clear cases, age cannot be determined solely from appearance. The decision-maker should explain to the young person the purpose of the interview. Questions should elicit background, family and educational circumstances and history, and ethnic and cultural matters may be relevant. The decision-maker may have to assess the applicant’s credibility. Questions of the burden of proof do not apply. The local authority should make its own decision and not simply adopt a decision made, for instance, by the Home Office, if there has been a referral. It is not necessary to obtain a medical report, although paediatric expert evidence is sometimes provided in these cases, and there is some difference of view as to its persuasiveness in borderline cases. If the decision-maker forms a view that the young person may be lying, he should be given the opportunity to address the matters that may lead to that view. Adverse provisional conclusions should be put to him, so that he may have the opportunity to deal with them and rectify misunderstandings. The local authority is obliged to give reasons for its decision, although these need not be long or elaborate. This decision and its guidance have led to the development of what is sometimes referred to as a “Merton compliant” interview or process.”
“According to G he already started attending Polytechnic before leaving for the UK. Given Polytechnics were mostly listed under higher education or universities in Angola, this further confirms that G could be age 19 or 20 before he left Angola and this would make him 20 or 21 at the time of the age assessment. . . . The age he left Angola also depends on his programme at the fourth education institute. This information was vague as the school is not traceable and this appears to be a post 16 education institute where he completed 2 years before leaving Angola.”