HBTN, R (on the application of) v Sunderland City Council & Ors

The judicial review claim against both Sunderland and Stockton is dismissed as academic following disclosure of the age assessment; any factual dispute regarding the Claimant's age or identity should be determined in separate proceedings, likely in the Upper Tribunal.

Parties: Claimant: HBTN; First Defendant: Sunderland City Council; Second Defendant: Stockton Council; Interested Party: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 26 November 2019
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application for judicial review dismissed.
Legal Topics: Age Assessment, Children Act 1989, Disclosure of Documents, Local Authority Duties, Modern Slavery, Trafficking, Judicial Review Procedure

Administrative Law Child Law Immigration Law Age Assessment Children Act 1989 Disclosure of Documents Local Authority Duties Modern Slavery +2 more

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Parties

HBTN

Claimant

Sunderland City Council

First Defendant

Stockton Council

Second Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether Sunderland acted unlawfully in refusing to disclose the age assessment
2 Whether Stockton owed duties to the Claimant under the Children Act 1989
3 Whether the claim against Sunderland and Stockton is academic after disclosure

Ratio Decidendi

Court Disposition

Application for judicial review dismissed.