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High Court Judicial Review of Local Authority’s Age Assessment

Arfan Khan represented a government local authority in High Court proceedings involving an application for permission to participate in a judicial review (JR), relief from sanctions, and the substantive JR.

The local authority had assessed the applicant as an adult, based on his refusal to provide a clear copy of his Sudanese ID, the assessment of a social worker, and a Home Office decision. Following an interview with the applicant, the social worker and the Home Office immigration officials found that the applicant was a 23 year old adult, based on his appearance, demeanour, and credibility.

The applicant was granted limited permission to proceed with the JR but was denied interim relief. A notice to rely on the summary grounds of defence as detailed grounds was inadvertently overlooked by the local authority. The applicant argued that this failure barred the local authority from participating in the JR proceedings. The local authority accepted that the failure to file the notice was an oversight. It applied for permission to participate in the JR and relief from sanctions.

The High Court (Suise Alegre, sitting as a Deputy High Court Judge) granted the local authority permission to participate and relief from sanctions, finding that the failure to file the notice on time was due to an oversight. It concluded that no prejudice had been caused to the applicant, as the pleaded defence remained unchanged for the final hearing. The JR, moreover, involved significant public policy considerations that could not be adequately addressed by submissions from the applicant alone.

Jonathan Moffett KC, sitting as a Deputy High Court Judge, subsequently allowed the JR for the reasons set out in his judgment. The local authority, consequently, agreed to make a fresh decision following a further interview with the applicant.

The judgment can be viewed here:

The King (On the Application of Abaj) v West Sussex County Council