AF, R (on the application of) v Milton Keynes Council

AF, R (on the application of) v Milton Keynes Council

The Defendant's failure to conduct its own age assessment of AF was unlawful as it did not properly inform itself as to whether AF was a child, contrary to the Tameside and Merton principles. Reliance on an unseen and unlawful Home Office assessment was insufficient. Remedying this failure by conducting a new age assessment is not academic, as it may affect AF's access to services and his asylum claim.

Parties
Claimant: AF; Defendant: Milton Keynes Council
Jurisdiction
England and Wales
Judgment Date
30 January 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Age Assessment, Local Authority Duties, Asylum Seekers, Judicial Review, Children Act 1989, Discretionary Support
Administrative Law Child Law Immigration Law Age Assessment Local Authority Duties Asylum Seekers Judicial Review Children Act 1989 +1 more

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 14 Party arguments 2
Sign in to unlock

Parties

AF

Claimant

Milton Keynes Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant's refusal to conduct an age assessment was unlawful
  2. 2 Whether reliance on Home Office age assessment sufficed for local authority duties
  3. 3 Whether the claim was academic given the Claimant's current age

Ratio Decidendi

The Defendant's failure to conduct its own age assessment of AF was unlawful as it did not properly inform itself as to whether AF was a child, contrary to the Tameside and Merton principles. Reliance on an unseen and unlawful Home Office assessment was insufficient. Remedying this failure by conducting a new age assessment is not academic, as it may affect AF's access to services and his asylum claim.

Court Disposition

Claim allowed

Orders

  • Mandatory order for Defendant to conduct a Merton-compliant age assessment of AF within good time
  • Mandatory order for Defendant to take a decision in the exercise of its discretion to provide services under s.23C of the Children Act 1989 if the new assessment confirms AF's stated age