Source: All England Reporter
Publisher Citation: [2005] All ER (D) 440 (May)
Neutral Citation: [2005] EWHC 1025 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Owen J
Representation Nicholas Blake QC and Charlotte Kilroy (instructed by Leigh Day & Co) for the claimant.
  Jenni Richards (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 27 May 2005

Catchwords

Asylum - Asylum-seeker - Detention at reception centre - Assessment of age of asylum seekers - Secretary of State relying on report by social services department of local authority as opposed to earlier assessment made by consultant paediatrician funded by refugee legal centre - Rationality of decision.

The Case

There was no rational basis for the Secretary of State preferring assessments as to the claimants' ages made by social services of the local authority as opposed to earlier assessments made by a consultant paediatrician provided through the agency of the Refugee Legal Centre. Accordingly, the claimants detention in the Oakington Detention Centre from the time of the consultant paediatrician's reports until their release had been unlawful.

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