MA, R (on the application of) v Liverpool City Council

MA, R (on the application of) v Liverpool City Council

The court found that the Claimant's case presented a serious issue to be tried regarding his age, and that the balance of convenience, considering his vulnerability and lack of specific risk to other children, favoured granting interim relief. The proper threshold was not a strong prima facie case but a flexible assessment of irremediable prejudice and merits. The Defendant's application to set aside the interim relief order was declined.

Parties
Claimant: MA; Defendant: Liverpool City Council
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Judicial Review / Application to Set Aside Interim Relief Order
Outcome
Defendant's application to set aside interim relief order declined; Claimant entitled to relief sought.
Legal Topics
Age Assessment, Interim Relief, Mandatory Injunction, Children Act 1989, Public Law Duties
Administrative Law Child Law Immigration Law Age Assessment Interim Relief Mandatory Injunction Children Act 1989 Public Law Duties

Case Brief

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Parties

MA

Claimant

Liverpool City Council

Defendant

Procedural Posture

Judicial Review / Application to Set Aside Interim Relief Order

Legal Issues

  1. 1 Whether the Defendant's application to set aside the interim relief order should be granted
  2. 2 Appropriate threshold for granting mandatory interim relief in age assessment cases
  3. 3 Balance of convenience in interim relief applications involving disputed age assessments

Ratio Decidendi

The court found that the Claimant's case presented a serious issue to be tried regarding his age, and that the balance of convenience, considering his vulnerability and lack of specific risk to other children, favoured granting interim relief. The proper threshold was not a strong prima facie case but a flexible assessment of irremediable prejudice and merits. The Defendant's application to set aside the interim relief order was declined.

Court Disposition

Defendant's application to set aside interim relief order declined; Claimant entitled to relief sought.

Orders

  • Interim relief order requiring Defendant to provide accommodation and support to Claimant under section 20 Children Act 1989 remains in force.
  • Claimant awarded costs.