BY -v- London Borough of Hackney (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/4614/2022

In the High Court of Justice
King’s Bench Division
Administrative Court

15 March 2023

Before:

The Honourable Mr Justice Andrew Baker

Between:

The King on the application of
BY

-v-

London Borough of Hackney

Order

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12) and for interim relief
Following consideration of the application bundle
ORDER by the Honourable Mr Justice Andrew Baker

  1. The application for permission to apply for judicial review is granted.
  2. The Claimant is granted anonymity within the proceedings and shall be referred to as ‘BY’.
  3. This Claim is transferred to the Upper Tribunal for a final determination of the Claimant’s age.
  4. The Defendant shall provide the Claimant with age-appropriate accommodation and support pursuant to the Children Act 1989, until the final age determination directed under paragraph 3 above, or further Order of this Court or of the Upper Tribunal in the meantime, for which purpose the Defendant is to assume a date of birth for the Claimant of 7 September 2005.
  5. Costs in the case.

Observations

  1. I consider the Claimant’s grounds for a judicial review of the Defendant’s assessment of his age to be reasonably arguable.
  2. Even bearing in mind that on the Claimant’s case he will be a child for only a further six months, in my judgment the risk of harm from his continued treatment by the Defendant as an adult, in the context of his accommodation and support needs, should it be determined that he is still 17 as he claims, outweighs the prejudice to the Defendant of taking on the additional burden of dealing with the Claimant as still a child, should it be determined that he is an adult. Given the age to be assumed (17½), it should not be difficult for the Defendant to ensure that the Claimant is housed and supported in a proper manner for that assume age that does not create any risk of harm to others should the assumption be falsified by the final age determination that will now be conducted by the Upper Tribunal.
  3. Given the immediate transfer to the Upper Tribunal for a determination as to the Claimant’s age, I do not set any further directions as they will be a matter for a designated Upper Tribunal Judge promptly following transfer.