ZHB, R (on the application of) v The City and County of Cardiff Council

29 November 2024

[2024] EWHC 3079 (Admin)

High Court

A young person challenged how the council decided he was an adult, not a child. He said their methods broke his rights. The court looked at lots of laws from the UK and Europe but decided the council followed the rules, so it refused his appeal.

Key Facts

•ZHB, the claimant, challenges an age assessment by Cardiff Council deeming him an adult in October 2023.
•ZHB arrived in the UK in October 2022, claiming to be under 18 but was initially recorded as born 20/10/2001.
•Assessments in Conwy and Cardiff concluded he was an adult based on inconsistencies in his account, lack of detail, and demeanor.
•ZHB had legal representation for immigration/asylum but not for the age assessment; he had an independent advocate (NYAS).
•Initial permission for judicial review was refused; ZHB renews the application.
•The renewal grounds allege Convention rights violations and procedural flaws in the assessment.
•The case involves interpreting the interplay between UK law, the UNCRC, the ECHR, and Welsh guidance on age assessments.
•The claimant has since turned 18, but the court considers the case's continued relevance.

Legal Principles

Whether someone is a child is a question of fact for the court (not public law).

R (A) v Croydon LBC [2009] UKSC 8

An arguable procedural lapse may support a judicial review application.

R (SB) v Royal Borough of Kensington and Chelsea [2023] EWCA Civ 924 at [86]

Factual challenge and public law error are separate issues in age assessments.

R (MAA) v London Borough of Hounslow [2024] EWHC 1894 (Admin)

Presumption of minority and minimum safeguards are inherent in Article 8 ECHR protection.

Darboe and Camara v Italy, 5797/17 (21 July 2022)

UK courts should usually follow a clear and consistent line of ECtHR decisions, but are not bound.

Manchester City Council v Pinnock [2010] UKSC 45

Due regard to UNCRC in applying the Social Services and Well-being (Wales) Act 2014.

Social Services and Well Being (Wales) Act 2014, s.7(2)

Outcomes

Permission for judicial review is refused.

The court finds the age assessment complied with Welsh legislation and guidance. The claimant had legal representation for his asylum claim and an appropriate adult for the age assessment. The court does not find a sufficient arguable factual case.

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