Settling Age-Assessment Disputes Out Of Court

01 Jan 2018

Health and Social Care

Subject only to the requirements of 54APD.17.1 (short statement of reasons supporting agreed order in judicial review proceedings) and, where the claimant is a child, CPR21.10 (approval of compromise), parties to an age-assessment dispute are free to settle their differences out of court and are not required to lay any additional material or evidence before the court for judicial scrutiny.
The Court of Appeal in R(J) v Leicestershire County Council C2/2013/0445 (hearing 2nd July 2014) so held in refusing the appellant permission to appeal from the refusal of the Upper Tribunal (Immigration & Asylum Chamber), when presented with a consent order recording the parties’ agreement as to the claimant’s date of birth, to grant the appellant a declaration as to his age.

Richards LJ described as nonsensical the proposition advanced on behalf of the appellant that the Upper Tribunal Judge was bound to follow the practice adopted in R(N) v LB Croydon [2011] EWHC 862 (Admin) and R(AS) v LB Croydon [2011] EWHC 2091 (Admin) of scrutinising the evidence and making a declaration notwithstanding the agreement of the parties as to the claimant’s date of birth (in the former case an exercise which had occupied the court for a day and a half).

Kelvin Rutledge QC appeared for Leicestershire CC.