A LOCAL AUTHORITY v THE MOTHER & Anor

A LOCAL AUTHORITY v THE MOTHER & Anor

On the balance of probabilities, X is found to be 10 years old, primarily based on the father's immigration history and X's dental records, which outweigh evidence suggesting she is older.

Parties
Applicant: A Local Authority; First Respondent: The Mother; Second Respondent: The Father; Third Respondent: X (a child, through her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
17 October 2022
Procedural Posture
Care Order Proceedings / Fact Finding Hearing
Outcome
Court finds X is 10 years old.
Legal Topics
Age Assessment, Care Order, Jurisdictional Fact, Children's Welfare
Family Law Child Protection Age Assessment Care Order Jurisdictional Fact Children's Welfare

Case Brief

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Parties

A Local Authority

Applicant

The Mother

First Respondent

The Father

Second Respondent

X (a child, through her Children’s Guardian)

Third Respondent

Procedural Posture

Care Order Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Determination of the true age of X for care proceedings
  2. 2 Reliability of evidence in age assessment

Ratio Decidendi

On the balance of probabilities, X is found to be 10 years old, primarily based on the father's immigration history and X's dental records, which outweigh evidence suggesting she is older.

Court Disposition

Court finds X is 10 years old.

Orders

  • Fact finding: X's age is determined as 10 years old.