K, R (on the application of) v Birmingham City Council

K, R (on the application of) v Birmingham City Council

A local authority is not, as a matter of law, bound to accept an immigration judge’s finding as to age for the purposes of its statutory duties under the Children Act 1989. The authority must undertake its own assessment, taking into account the tribunal’s reasoning and any new evidence, but is not required to adopt...

Source-derived case information.

Parties
Claimant: K; Defendant: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
21 March 2011
Procedural Posture
Judicial Review / Preliminary Issue Determination on Binding Effect of Immigration Judge's Age Finding; Permission to Proceed to Substantive Hearing
Outcome
Permission granted to proceed to substantive hearing on the lawfulness of the defendant’s age assessment; permission to appeal refused.
Legal Topics
Age Assessment, Res Judicata, Judicial Review, Children Act 1989, Evidential Weight of Tribunal Findings
Administrative Law Immigration Law Child Law Age Assessment Res Judicata Judicial Review Children Act 1989 Evidential Weight of Tribunal Findings

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Parties

K

Claimant

Birmingham City Council

Defendant

Procedural Posture

Judicial Review / Preliminary Issue Determination on Binding Effect of Immigration Judge's Age Finding; Permission to Proceed to Substantive Hearing

Legal Issues

  1. 1 Is a local authority bound by an immigration judge's finding of fact as to age in subsequent age assessment under the Children Act 1989?
  2. 2 Does the principle of res judicata or issue estoppel apply to such findings?
  3. 3 What is the correct approach for a local authority when an immigration tribunal has made a finding on age?

Ratio Decidendi

A local authority is not, as a matter of law, bound to accept an immigration judge’s finding as to age for the purposes of its statutory duties under the Children Act 1989. The authority must undertake its own assessment, taking into account the tribunal’s reasoning and any new evidence, but is not required to adopt or follow the tribunal’s finding. The principles of res judicata and issue estoppel do not apply in these circumstances, especially where the parties and evidence differ and the authority was not heard before the tribunal.

Court Disposition

Permission granted to proceed to substantive hearing on the lawfulness of the defendant’s age assessment; permission to appeal refused.

Orders

  • Interim orders to continue recognising the claimant as a child and entitled to s.17 and s.20 Children Act entitlements, subject to 48 hours’ notice if circumstances change.
  • Permission to appeal to the Court of Appeal refused.