MK -v- Bournemouth Christchurch and Poole Council (anonymity order and application for judicial review)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity OrderJudgment

Case Number: CO/2589/2022

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

10 January 2023

In the matter of an application for judicial review

Before:
HHJ Lambert

Between:
The King on the application of
MK (a putative child)
-v-
Bournemouth Christchurch and Poole Council

Order

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)

Following consideration of the documents lodged by the Claimant.

ORDER by His Honour Judge Lambert sitting as a judge of the High Court

  1. The applicant being a putative child the matter shall be anonymised and referred to as above.
  2. The application for permission to apply for judicial review is granted.
  3. The matter is transferred to the Upper Tribunal (Immigration and Asylum Chamber) for determination of the Claimant’s age.
  4. The Upper Tribunal must please give directions for determination of the matter immediately on receipt of the order for transfer.
  5. The question of interim relief is adjourned to the Upper Tribunal.

Observations

I have applied the sub-Wednesbury criterion for permission. You must not, however, raise your hopes. R (A) v Croydon LBC [2009] UKSC 8, indicates that whether someone is a ‘child’ on a particular date is a question of fact to be determined by the Court itself, rather than being subject to review on conventional public law grounds. Your factual case on age, taken at its highest, might properly succeed in a contested factual hearing. You may therefore argue your grounds. I was concerned about the apparent lack of opportunity to answer the initial adverse conclusion.
I have adjourned interim relief because I do not know how soon the Upper Tribunal can reach a final determination. I believe the least risk of injustice lies with maintaining the status quo for the moment. That may change. You have a safe place to live and are not, on your case, of tender years.