AB v Kent County Council

AB v Kent County Council

Kent County Council's abbreviated assessment of AB's age based on physical appearance and demeanour was unlawful because it failed to adequately acknowledge the margin for error and give AB the benefit of the doubt; a full Merton compliant assessment was required.

Parties
Claimant: AB; Defendant: Kent County Council
Jurisdiction
England and Wales
Judgment Date
23 January 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Age Assessment, Procedural Fairness, Merton Compliant Assessment, Benefit of Doubt, Margin of Error in Age Assessment
Administrative Law Child Law Immigration Law Age Assessment Procedural Fairness Merton Compliant Assessment Benefit of Doubt Margin of Error in Age Assessment

Case Brief

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Parties

AB

Claimant

Kent County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether an abbreviated age assessment based on physical appearance and demeanour without full procedural safeguards is lawful
  2. 2 Applicability of BF (Eritrea) v Secretary of State for the Home Department [2019] EWCA Civ 872 to local authority age assessments
  3. 3 Whether Kent County Council should have conducted a full Merton compliant assessment

Ratio Decidendi

Kent County Council's abbreviated assessment of AB's age based on physical appearance and demeanour was unlawful because it failed to adequately acknowledge the margin for error and give AB the benefit of the doubt; a full Merton compliant assessment was required.

Court Disposition

Claim allowed

Orders

  • Kent County Council to conduct a full Merton compliant age assessment of AB
  • Permission granted to transfer factual assessment of AB's age to the Upper Tribunal