JR2024LON001113 [2025] UKAITUR JR2024LON001113 (22 January 2025)

JR2024LON001113 [2025] UKAITUR JR2024LON001113 (22 January 2025)

The Tribunal found that while the local authority's age assessment was not procedurally perfect, particularly due to the absence of a 'minded to' meeting, this did not render the process unfair in the circumstances. The assessment was conducted by qualified, experienced social workers, and the applicant had opportunities to respond to the case against him. The Tribunal, applying the balance of probabilities and considering all evidence in the round, concluded that the applicant was not a child at the material time and accepted the local authority's assessment that he was over 18.

Citation
[2025] UKAITUR JR2024LON001113
Parties
Applicant: KSD; Respondent: Local Authority
Jurisdiction
United Kingdom
Judgment Date
22 January 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Age Assessment, Procedural Fairness, Children Act 1989, Asylum Seekers, Merton Compliance
Administrative Law Child Law Immigration Law Age Assessment Procedural Fairness Children Act 1989 Asylum Seekers Merton Compliance

Case Brief

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Parties

KSD

Applicant

Local Authority

Respondent

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the applicant is a child under 18 for the purposes of the Children Act 1989
  2. 2 Whether the local authority's age assessment was Merton compliant and lawful
  3. 3 Whether procedural fairness was observed in the age assessment process

Ratio Decidendi

The Tribunal found that while the local authority's age assessment was not procedurally perfect, particularly due to the absence of a 'minded to' meeting, this did not render the process unfair in the circumstances. The assessment was conducted by qualified, experienced social workers, and the applicant had opportunities to respond to the case against him. The Tribunal, applying the balance of probabilities and considering all evidence in the round, concluded that the applicant was not a child at the material time and accepted the local authority's assessment that he was over 18.

Court Disposition

Application dismissed

Orders

  • The application for judicial review is refused.
  • The applicant is to be treated as an adult for the purposes of the Children Act 1989.