MS, R (on the application of) v Kent County Council

MS, R (on the application of) v Kent County Council

The court found that there is at least an arguable case that MS was born no earlier than 29 June 2005 and is entitled to support under s.23C as a former looked-after child. The balance of convenience favours granting interim relief, given the credible expert evidence on the tazkira, evidence of vulnerability, and the potential injustice to MS if denied support. The proceedings are stayed pending the outcome of Kent's review of its age assessment.

Parties
Claimant: MS (by his litigation friend Erinç Argün Kayim); Defendant: Kent County Council
Jurisdiction
England and Wales
Judgment Date
22 October 2024
Procedural Posture
Judicial Review / Interim Relief Application and Stay Pending Local Authority Review
Outcome
Interim relief granted; proceedings stayed pending local authority review
Legal Topics
Age Assessment, Interim Relief, Children Act 1989, Asylum Support, Judicial Review Procedure
Administrative Law Immigration Law Child Law Age Assessment Interim Relief Children Act 1989 Asylum Support Judicial Review Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

MS (by his litigation friend Erinç Argün Kayim)

Claimant

Kent County Council

Defendant

Procedural Posture

Judicial Review / Interim Relief Application and Stay Pending Local Authority Review

Legal Issues

  1. 1 Whether interim relief should be granted requiring the local authority to treat MS in accordance with his claimed age under the Children Act 1989 pending determination of his age or further order
  2. 2 Whether MS has an arguable case that he is entitled to support under s.23C as a former looked-after child
  3. 3 Admissibility and weight of expert and hearsay evidence regarding the authenticity and reliability of MS's tazkira

Ratio Decidendi

The court found that there is at least an arguable case that MS was born no earlier than 29 June 2005 and is entitled to support under s.23C as a former looked-after child. The balance of convenience favours granting interim relief, given the credible expert evidence on the tazkira, evidence of vulnerability, and the potential injustice to MS if denied support. The proceedings are stayed pending the outcome of Kent's review of its age assessment.

Court Disposition

Interim relief granted; proceedings stayed pending local authority review

Orders

  • Kent County Council to treat MS in accordance with his claimed age under the Children Act 1989 pending determination of his age or further order
  • Proceedings stayed pending completion of Kent's review of its age assessment