R (on the application of A) (FC) (Appellant) v London Borough of Croydon (Respondent) and one other action

Case summary

Case ID

UKSC/2009/0106

Parties

Appellant(s)

A

Respondent(s)

London Borough of Croydon

Intervener(s)

Secretary of State for the Home Department

Children’s Commissioner

Issue

Whether, in the case of a dispute as to the age of an individual who claims to be a child, it is for the court (in the absence of any other independent and impartial tribunal) to determine whether that individual is a child for the purpose of section 20(1) of the Children Act 1989.

Facts

A arrived in the UK from Afghanistan on 13 November 2007. He maintained that his date of birth was 8 April 1992, which meant he was only 15 years old. He applied for asylum at Croydon and was interviewed by the Home Office who assessed him to be over 18. Croydon social services also assessed him to be an adult, and he was referred to the Home Office. The Home Office confirmed his being over 18 years old and that they would provide support until his asylum claim was determined. A’s solicitors wrote to Croydon and reiterated that A’s birth certificate showed him to be 16 and that the age determination was contrary to article 6 to the European Convention on Human Rights. On 16 January 2008, a paediatrician assessed him to be between 15-17 years old, consistent with his stated age. Judicial review proceedings were issued on 7 March 2008.

Date of issue

11 March 2009

Judgment appealed

Judgment details

Judgment date

26 November 2009

Neutral citation

[2009] UKSC 8

Judgment links

Judgment summary

26 November 2009

Appeal

Justices

Lord Hope

Lord Scott

Lord Walker

Lady Hale

Lord Neuberger

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