MA & Anor, R (On the Application Of) v Coventry City Council & Anor [2022] EWHC 98 (Admin) (19 January 2022)

MA & Anor, R (On the Application Of) v Coventry City Council & Anor [2022] EWHC 98 (Admin) (19 January 2022)

The KIU Guidance and the short-form age assessments conducted in these cases were not lawful because they lacked essential Merton safeguards, including the offer of an appropriate adult, a 'minded to' process, and procedural fairness. Detention of the claimants at KIU was unlawful to the extent it was prolonged for the purpose of carrying out these unlawful assessments. Post-assessment detention was also unlawful as conceded by the Secretary of State.

Citation
[2022] EWHC 98 (Admin)
Parties
Claimant: MA (by his litigation friend Roxanne Nanton of the Refugee Council); Claimant: HT (by his litigation friend Francesco Jeff of the Refugee Council); First Defendant: Coventry City Council; Second Defendant: Secretary of State for the Home Department; Interested Party: Kent County Council
Jurisdiction
England and Wales
Judgment Date
19 January 2022
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; declarations of unlawfulness granted.
Legal Topics
Age Assessment, Unlawful Detention, Merton Compliance, Immigration Detention Policy, Safeguarding Children, Judicial Review Procedure
Administrative Law Immigration Law Public Law Children Law Age Assessment Unlawful Detention Merton Compliance Immigration Detention Policy +2 more

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Parties

MA (by his litigation friend Roxanne Nanton of the Refugee Council)

Claimant

HT (by his litigation friend Francesco Jeff of the Refugee Council)

Claimant

Coventry City Council

First Defendant

Secretary of State for the Home Department

Second Defendant

Kent County Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Kent Intake Unit Social Worker Guidance and resulting 'short' age assessments are lawful and Merton-compliant
  2. 2 Whether the Secretary of State's detention of the claimants pending and after KIU age assessments was lawful
  3. 3 Whether the Guidance and assessments complied with statutory and policy duties to safeguard the welfare of children

Ratio Decidendi

The KIU Guidance and the short-form age assessments conducted in these cases were not lawful because they lacked essential Merton safeguards, including the offer of an appropriate adult, a 'minded to' process, and procedural fairness. Detention of the claimants at KIU was unlawful to the extent it was prolonged for the purpose of carrying out these unlawful assessments. Post-assessment detention was also unlawful as conceded by the Secretary of State.

Court Disposition

Claim allowed in part; declarations of unlawfulness granted.

Orders

  • Declaration that the KIU Guidance and age assessments in these cases were unlawful and not Merton-compliant.
  • Declaration that detention of the claimants at KIU and thereafter was unlawful to the extent found in the judgment.