AF, R (on the application of) v Milton Keynes Council
[2023] EWHC 163 (Admin)
Objective-Correctness Standard of Review for Age Assessments
GE (Eritrea) v Secretary of State for the Home Department [2014] EWCA Civ 1490
Reasonableness Standard of Review for Needs Assessments
Various cases
Discretionary Power of local authorities to provide support to young adults denied 'former relevant child' status due to flawed assessments.
R (GE (Eritrea)) v Secretary of State for the Home Department [2014] EWCA Civ 1490
Duty of reasonably sufficient enquiry (Tameside)
Secretary of State for Education and Science v Tameside Metropolitan BC [1977] AC 1014
Claim for judicial review succeeds.
The Council failed to consider the Claimant's 'Now-Known Needs' (needs identified after the flawed initial assessment) when deciding whether to exercise its discretionary power. This was a failure to take reasonable steps to consider a relevant factor.
Council's refusal to exercise the Discretionary Power is quashed.
The decision was unreasonable because it didn't consider the Claimant's needs as revealed by the evidence in the Tribunal's decision. While there's no general rule requiring such support, there's a duty to consider 'Now-Known Needs'.
Council to pay Claimant's costs.
The Claimant's successful challenge was necessary and justified.
[2023] EWHC 163 (Admin)
[2024] EWHC 427 (Admin)
[2024] EWHC 2872 (Admin)
[2024] EWHC 575 (Admin)
[2023] EWHC 1033 (Admin)