November 27, 2023

KMA -v- London Borough of Hounslow (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2023-LON-002549

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

24 November 2023

Before:

Upper Tribunal Judge Elizabeth Cooke sitting as a Deputy High Court Judge

Between:

R (on the application of KMA)
by his litigation friend, Mr Joshua Singer

-v-

London Borough of Hounslow

Order

UPON the claimant having applied for judicial review of an age assessment, dated 26 May 2023, which determined that the Claimant’s date of birth was 19 November 1999 and for directions dated 25 August and 8 September 2023;

AND UPON the Defendant conceding that the claimant is his claimed age with a date of birth of 19 November 2005, having been provided with fresh evidence of the Claimant’s age;

AND UPON the Defendant accepting that the Claimant is a former relevant child, to whom the Defendant owes statutory duties under the Children Act 1989;

IT IS DECLARED THAT:
(1) The Claimant’s date of birth is 19 November 2005.

BY CONSENT, IT IS ORDERED THAT:
(2) The Claimant’s application for judicial review is withdrawn.
(3) The Defendant’s age decision dated 26 May 2023 is quashed.
(4) An anonymity order has been made in relation to the Claimant, who shall be referred to in court documents as ‘AKM’. No-one shall publish or reveal any information, including the name or address of the Claimant, likely to lead members of the public to identify him. Failure to comply with this order could amount to a contempt of court.

COSTS
(5) The Defendant shall pay the Claimant’s reasonable costs of the claim from the date of service of the pre-action protocol letter onwards (29 September 2023 onwards).
(6) The Claimant’s costs are to be paid on the standard basis, to be assessed if not agreed.
(7) The Defendant shall make a payment on account of costs of 40% of the Claimant’s bill of costs within 14 days of receipt of the same.
(8) There shall be a detailed assessment of the Claimant’s publicly funded costs.