MIA, R (On the Application Of) v Dorset Council [2025] EWHC 1324 (Admin) (16 April 2025)

MIA, R (On the Application Of) v Dorset Council [2025] EWHC 1324 (Admin) (16 April 2025)

The defendant's refusal to re-assess the claimant's age in light of new evidence (the taskira and expert reports) was irrational and unlawful because the defendant misapplied the ADCS Guidance by conflating the threshold for re-assessment with the substantive outcome, failed to treat the taskira as evidence capable of leading to a significantly different conclusion, and committed process and outcome irrationality. The decisions must be quashed and a mandatory order for re-assessment issued.

Citation
[2025] EWHC 1324 (Admin)
Parties
Claimant: MIA (by his litigation friend Erinç Argün Kayim); Defendant: Dorset Council
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application for judicial review allowed; decisions quashed; mandatory order granted
Legal Topics
Age Assessment, Judicial Review, Process Irrationality, Outcome Irrationality, Children Act 1989, ADCS Guidance, Asylum Seekers, Local Authority Duties
Administrative Law Public Law Immigration Law Children's Law Age Assessment Judicial Review Process Irrationality Outcome Irrationality +4 more

Case Brief

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Parties

MIA (by his litigation friend Erinç Argün Kayim)

Claimant

Dorset Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the defendant's refusal to re-assess the claimant's age in light of new evidence was unlawful
  2. 2 Whether the defendant misapplied the ADCS Guidance re-assessment test
  3. 3 Whether the decisions were irrational (process and outcome)

Ratio Decidendi

The defendant's refusal to re-assess the claimant's age in light of new evidence (the taskira and expert reports) was irrational and unlawful because the defendant misapplied the ADCS Guidance by conflating the threshold for re-assessment with the substantive outcome, failed to treat the taskira as evidence capable of leading to a significantly different conclusion, and committed process and outcome irrationality. The decisions must be quashed and a mandatory order for re-assessment issued.

Court Disposition

Application for judicial review allowed; decisions quashed; mandatory order granted

Orders

  • The defendant must undertake a re-assessment of the claimant's age taking account of the taskira and the three expert reports.
  • The decisions dated 10 April 2024 and 30 April 2024 are quashed.