AU AGAINST (FIRST) GLASGOW CITY COUNCIL AND (SECOND) THE ADVOCATE GENERAL [2017] ScotCS CSOH_122 (15 September 2017)

AU AGAINST (FIRST) GLASGOW CITY COUNCIL AND (SECOND) THE ADVOCATE GENERAL [2017] ScotCS CSOH_122 (15 September 2017)

Both declarator and judicial review are competent remedies in Scotland for challenging age assessments, but judicial review is the preferred route due to procedural advantages, including time limits, streamlined process, and avoidance of duplication.

Citation
[2017] ScotCS CSOH_122
Parties
Pursuer: AU; First Defender: Glasgow City Council; Second Defender: The Advocate General
Jurisdiction
Scotland
Judgment Date
15 September 2017
Procedural Posture
Ordinary Action of Declarator / Interlocutory Opinion on Competency
Outcome
By order hearing fixed to determine further procedure; no final determination on merits at this stage.
Legal Topics
Age Assessment, Remedies for Challenging Administrative Decisions, Competency of Declarator Vs Judicial Review, Children's Rights
Administrative Law Immigration Law Civil Procedure Age Assessment Remedies for Challenging Administrative Decisions Competency of Declarator Vs Judicial Review Children's Rights

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Parties

AU

Pursuer

Glasgow City Council

First Defender

The Advocate General

Second Defender

Procedural Posture

Ordinary Action of Declarator / Interlocutory Opinion on Competency

Legal Issues

  1. 1 Whether an action of declarator is competent to challenge an age assessment by a local authority in Scotland
  2. 2 Whether judicial review is the appropriate and exclusive remedy for such challenges

Ratio Decidendi

Both declarator and judicial review are competent remedies in Scotland for challenging age assessments, but judicial review is the preferred route due to procedural advantages, including time limits, streamlined process, and avoidance of duplication.

Court Disposition

By order hearing fixed to determine further procedure; no final determination on merits at this stage.

Orders

  • Fix by order hearing to determine further procedure in light of this opinion.