LYB, R (On the Application Of) v Kent County Council

Permission to apply for judicial review is granted because the material before the court raises a factual case that could succeed at a contested hearing. Interim relief is granted as the balance of convenience favours the claimant being treated as a child pending determination.

Parties: Claimant: LYB (by his litigation friend Ms Marian Spiers); Defendant: Kent County Council
Jurisdiction: England and Wales
Judgment Date: 22 March 2021
Procedural Posture: Judicial Review / Permission Application With Interim Relief
Outcome: Permission to apply for judicial review granted; interim relief granted
Legal Topics: Age Assessment, Judicial Review Procedure, Children Act 1989 Duties, Interim Relief

Administrative Law Child Law Immigration Law Age Assessment Judicial Review Procedure Children Act 1989 Duties Interim Relief

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 10 Party arguments 2

Parties

LYB (by his litigation friend Ms Marian Spiers)

Claimant

Kent County Council

Defendant

Procedural Posture

Judicial Review / Permission Application With Interim Relief

Legal Issues

1 Whether the age assessment by Kent County Council was Merton-compliant and lawful
2 Whether the claimant should be granted permission to challenge the age assessment
3 Whether interim relief requiring the defendant to provide support and accommodation should be granted

Ratio Decidendi

Court Disposition

Permission to apply for judicial review granted; interim relief granted

Orders

Permission to apply for judicial review is granted and the case is transferred to the Upper Tribunal.
Kent County Council is to provide support and accommodation to the claimant as if he is a child, pending determination.