MA (R on the application of) v COVENTRY CITY COUNCIL

MA (R on the application of) v COVENTRY CITY COUNCIL

The KIU Guidance and the age assessments conducted under it were unlawful because, in non-obvious cases, they lacked essential safeguards required by law—specifically, the offer of an appropriate adult and a 'minded to' process—contrary to Merton principles and statutory guidance. Any detention prolonged for the purpose of such non-compliant assessments was also unlawful.

Parties
Claimant: MA; Claimant: HT; 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; Guidance and assessments found unlawful in identified respects; detention for purpose of non-compliant assessments unlawful.
Legal Topics
Age Assessment, Detention of Asylum Seekers, Lawfulness of Government Policy, Safeguarding Children, Judicial Review Procedure
Administrative Law Immigration Law Public Law Human Rights Age Assessment Detention of Asylum Seekers Lawfulness of Government Policy Safeguarding Children +1 more

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 4 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

MA

Claimant

HT

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 age assessments were lawful
  2. 2 Whether detention of the claimants for the purpose of age assessment was lawful
  3. 3 Whether the process complied with Merton principles and statutory guidance

Ratio Decidendi

The KIU Guidance and the age assessments conducted under it were unlawful because, in non-obvious cases, they lacked essential safeguards required by law—specifically, the offer of an appropriate adult and a 'minded to' process—contrary to Merton principles and statutory guidance. Any detention prolonged for the purpose of such non-compliant assessments was also unlawful.

Court Disposition

Claim allowed in part; Guidance and assessments found unlawful in identified respects; detention for purpose of non-compliant assessments unlawful.