SB, R (On the Application Of) v Royal Borough of Kensington & Chelsea [2023] EWCA Civ 924 (31 July 2023)

SB, R (On the Application Of) v Royal Borough of Kensington & Chelsea [2023] EWCA Civ 924 (31 July 2023)

The absence of an interpreter and appropriate adult, and the lack of opportunity for the claimant to address adverse credibility findings, did not, in the circumstances of this case, render the age assessment process so unfair as to be unlawful, given the social workers' clear and reasoned view that the claimant was obviously over 18 and the flexibility permitted in obvious cases.

Citation
[2023] EWCA Civ 924
Parties
Claimant/respondent: SB; Defendant/appellant: Royal Borough of Kensington & Chelsea
Jurisdiction
England and Wales
Judgment Date
31 July 2023
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Age Assessment, Procedural Fairness, Judicial Review, Local Authority Duties, Children Act 1989, Merton Compliance
Administrative Law Immigration Law Children Law Age Assessment Procedural Fairness Judicial Review Local Authority Duties Children Act 1989 +1 more

Case Brief

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Parties

SB

Claimant/respondent

Royal Borough of Kensington & Chelsea

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the local authority's age assessment of the claimant was procedurally unfair and thus unlawful
  2. 2 Whether the absence of an interpreter and appropriate adult rendered the assessment unfair
  3. 3 Whether the claimant was given an adequate opportunity to respond to adverse credibility findings

Ratio Decidendi

The absence of an interpreter and appropriate adult, and the lack of opportunity for the claimant to address adverse credibility findings, did not, in the circumstances of this case, render the age assessment process so unfair as to be unlawful, given the social workers' clear and reasoned view that the claimant was obviously over 18 and the flexibility permitted in obvious cases.

Court Disposition

Appeal allowed

Orders

  • High Court order quashing the age assessment decision set aside
  • No further order requiring a new assessment by the original local authority