AK, R (on the application of) v Secretary of State for the Home Department & Anor [2011] EWHC 3188 (Admin) (02 December 2011)

AK, R (on the application of) v Secretary of State for the Home Department & Anor [2011] EWHC 3188 (Admin) (02 December 2011)

Permission to seek judicial review is refused on all grounds except the challenge to the Secretary of State's detention decision on the basis of breach of policy regarding detention of those with mental illness. The age assessments were found to be Merton-compliant and consistent, and there was no real prospect of the claimant being found under 18 at the relevant time. The absence of an appropriate adult did not render the process unfair. The claimant does not qualify as a 'former relevant child' as he was never accommodated under the Children Act.

Citation
[2011] EWHC 3188 (Admin)
Parties
Claimant: A. K.; First Defendant: Secretary of State for the Home Department; Second Defendant: Leicester City Council
Jurisdiction
England and Wales
Judgment Date
02 December 2011
Procedural Posture
Judicial Review / Permission Hearing (renewed Oral Application)
Outcome
Permission granted in part; refused in part
Legal Topics
Age Assessment, Detention Policy, Judicial Review Threshold, Children Act 1989, Mental Health and Detention
Administrative Law Immigration Law Public Law Age Assessment Detention Policy Judicial Review Threshold Children Act 1989 Mental Health and Detention

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Parties

A. K.

Claimant

Secretary of State for the Home Department

First Defendant

Leicester City Council

Second Defendant

Procedural Posture

Judicial Review / Permission Hearing (renewed Oral Application)

Legal Issues

  1. 1 Whether the claimant was under 18 at the time of detention and thus unlawfully detained as a child
  2. 2 Whether the age assessments by Essex and Leicester social workers were Merton-compliant and factually correct
  3. 3 Whether the Secretary of State's detention policy regarding those with mental illness was breached

Ratio Decidendi

Permission to seek judicial review is refused on all grounds except the challenge to the Secretary of State's detention decision on the basis of breach of policy regarding detention of those with mental illness. The age assessments were found to be Merton-compliant and consistent, and there was no real prospect of the claimant being found under 18 at the relevant time. The absence of an appropriate adult did not render the process unfair. The claimant does not qualify as a 'former relevant child' as he was never accommodated under the Children Act.

Court Disposition

Permission granted in part; refused in part

Orders

  • Permission to challenge the Secretary of State's decision to detain the claimant in August 2010 is granted only on the ground of breach of policy regarding detention of those with mental illness.
  • Permission to seek judicial review on all other grounds, including age assessment, is refused.