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

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

Liverpool ceased to be responsible when Ayan Khan left their area and was detained. Hillingdon became responsible when he was discharged into their area and accommodated by them. However, once Ayan Khan returned to Liverpool, Hillingdon's responsibility ceased and Liverpool became responsible again. Even if...

Source-derived case information.

Parties
Claimant: Liverpool City Council; Defendant: London Borough of Hillingdon; Interested Party: Ayan Khan
Jurisdiction
England and Wales
Judgment Date
18 July 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed; permission for judicial review granted but substantive relief refused.
Legal Topics
Local Authority Responsibility, Age Assessment, Provision of Accommodation, Children in Need, Judicial Review
Administrative Law Child Law Immigration Law Local Authority Responsibility Age Assessment Provision of Accommodation Children in Need Judicial Review

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Summary, issues, holding and outcome

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Parties

Liverpool City Council

Claimant

London Borough of Hillingdon

Defendant

Ayan Khan

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Which local authority is responsible for accommodating an unaccompanied asylum-seeking minor with disputed age?
  2. 2 Does responsibility transfer when the child moves between authorities?
  3. 3 Does the Protocol between Home Office and local authorities apply?

Ratio Decidendi

Liverpool ceased to be responsible when Ayan Khan left their area and was detained. Hillingdon became responsible when he was discharged into their area and accommodated by them. However, once Ayan Khan returned to Liverpool, Hillingdon's responsibility ceased and Liverpool became responsible again. Even if Hillingdon remained responsible, Liverpool also became responsible due to Ayan Khan's physical presence in their area. Pending age assessment, he should be accommodated as a child.

Court Disposition

Claim dismissed; permission for judicial review granted but substantive relief refused.

Orders

  • Permission to apply for judicial review granted.
  • Substantive claim for relief dismissed.