AK, R (on the application of) v Secretary of State for the Home Department & Anor

AK, R (on the application of) v Secretary of State for the Home Department & Anor

Permission to seek judicial review is granted only on the ground that the Secretary of State may have acted contrary to her stated policy on the detention of those suffering from mental illness. All other grounds, including age assessment and eligibility for leaving care support, are refused as there is no real prospect of success. The age assessments were Merton compliant, and the claim against Leicester City Council is academic as the claimant was not accommodated by the Council under the Children Act 1989.

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
Outcome
Permission granted in part; refused in part
Legal Topics
Age Assessment, Detention Policy, Judicial Review Procedure, Mental Health and Detention, Children Act 1989 Eligibility
Administrative Law Immigration Law Children Law Age Assessment Detention Policy Judicial Review Procedure Mental Health and Detention Children Act 1989 Eligibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A. K.

Claimant

Secretary of State for the Home Department

First Defendant

Leicester City Council

Second Defendant

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the claimant was unlawfully detained as a child contrary to policy
  2. 2 Whether the age assessments by Essex and Leicester social workers were Merton compliant and factually correct
  3. 3 Whether the claimant qualifies as a 'former relevant child' under the Children Act 1989

Ratio Decidendi

Permission to seek judicial review is granted only on the ground that the Secretary of State may have acted contrary to her stated policy on the detention of those suffering from mental illness. All other grounds, including age assessment and eligibility for leaving care support, are refused as there is no real prospect of success. The age assessments were Merton compliant, and the claim against Leicester City Council is academic as the claimant was not accommodated by the Council under the Children Act 1989.

Court Disposition

Permission granted in part; refused in part

Orders

  • Permission to seek judicial review against the Secretary of State granted only on the ground of breach of mental illness detention policy.
  • Permission refused on all other grounds, including age assessment and claim against Leicester City Council.