Claim number: CO/591/2022
In the High Court of Justice
King’s Bench Division
13 January 2023
18 February 2023
Sir Duncan Ouseley
The King on the application of
Kent County Council
Order (13 January 2023)
UPON the Claimant having issued judicial review proceedings in the Administrative Court on 18 February 2022 to challenge the Defendant’s age assessment dated 19 November 2021 (“the age assessment”)
AND UPON the proceedings having been stayed by the consent of the parties to allow the Defendant to undertake a review of the age assessment
AND UPON the parties agreeing and the Court declaring that the Claimant’s date of birth should be declared as 27 May 2004 such that he was a child of 16 years of age on the date he entered the UK and when he entered the Respondent’s care on 31 March 2021 and that he is therefore a Former Relevant Child entitled to ongoing care, assistance and support under the Children Act 1989
AND UPON the Defendant agreeing to undertake an assessment of the Claimant’s needs within 28 days of the signing of this order to prepare a suitable pathway plan which will include what advice, support and assistance the Defendant will provide to him under the Children Act 1989, such assessment to have regard to the Claimant’s wishes and feelings and to include consideration of his education, accommodation and financial needs
IT IS HEREBY ORDERED THAT:-
- The Claimant’s age is declared as 18 with a date of birth of 27 May 2004.
- The Claimant shall have leave to withdraw his application for judicial review.
- The Defendant shall pay the Claimant’s reasonable legal costs on the standard basis, to be assessed if not agreed
- The Claimant’s publicly funded costs shall be subject to detailed assessment pursuant to s.26 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
Order (18 February 2023)
UPON reading the Claimant’s N461 Claim Form and N244 Application Notice
AND UPON the Defendant agreeing on 14 February 2022 to conduct a review of its age assessment decision dated 19 November 2021.
AND UPON the parties’ agreement It is hereby ordered by consent that:
- Pursuant to rule 39.2 of the Civil Procedure Rules, the identity of the Claimant shall not be disclosed directly or indirectly and this matter shall be known and listed as R(ART) v Kent County Council.
- The claim shall be stayed for 12 weeks from the date of issue to allow the Defendant to review the age assessment.
- Thereafter, and within 14 days of the outcome of the Defendant’s review of the age assessment, the parties shall notify the Court of the outcome of the review and, if required, the Claimant shall file and serve its statement of facts and grounds and bundle in support of the claim for judicial review.
- Costs reserved.