KRA, R (on the application of) v Cheshire East Council
[2024] EWHC 575 (Admin)
NCH (Vietnam), R (on the application of) v Sefton Metropolitan Borough Council
3 May 2023
[2023] EWHC 1033 (Admin)
High Court
A young man from Vietnam challenged a council's decision saying he was too old for child support. The judge agreed there were good reasons to look again at the council's decision but said the man didn't need extra help right away because he's nearly 18 and has temporary housing.
Key Facts
- •Claimant, a Vietnamese national, claims to be a 17-year-old child seeking asylum.
- •Defendant, Sefton Metropolitan Borough Council, conducted an age assessment concluding the Claimant was 18 or older.
- •Claimant challenges the age assessment for procedural unfairness and failure to consider his potential trafficking victim status.
- •Claim was filed late, prompting an application for an extension of time.
- •Claimant also sought interim relief for accommodation and support.
- •A National Referral Mechanism referral indicated the Claimant was a potential victim of modern slavery.
Legal Principles
Prompt commencement of judicial review claims within 3 months of the decision.
CPR 3.1(2)(a)
Principles of procedural fairness in age assessments (opportunity to address inconsistencies).
R(B) v London Borough of Merton [2003] 4 All ER 280; [2003] EWHC 1689 (Admin)
Permission for judicial review in age assessment cases should be granted if a factual case exists that could not properly succeed at a contested hearing.
R(A) v London Borough of Croydon, R(M) v London Borough of Lambeth [2009] UKSC 9
ADCS Age Assessment Guidance principles on informing the claimant of the basis of the decision and providing an opportunity to respond.
Association of Directors of Children’s Services (ADCS) Age Assessment Guidance
Test for interim relief: serious issue to be tried, inadequacy of damages, balance of convenience.
American Cyanamid v Ethicon [1975] AC 396
'Status quo ante' in interim relief applications usually refers to the situation before the impugned decision.
R (KA & NBV) v LB Croydon [2017] EWHC 1723 (Admin)
Outcomes
Permission granted for judicial review on grounds 1 and 2.
Arguable case on both grounds; procedural unfairness in age assessment and failure to consider trafficking history.
Application for extension of time granted.
Good explanation provided for delay; no substantial hardship to Defendant.
Application for interim relief dismissed.
While a serious issue to be tried exists and damages are inadequate, the balance of convenience favors refusal due to the Claimant's imminent 18th birthday and alternative accommodation.
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