AHA, R (on the application of) v The City and County Council of Cardiff

Facts

The claimant, AHA, is an asylum seeker who applied for judicial review against the City and County Council of Cardiff. Two Home Office officers had independently assessed the claimant's age, treating him as an adult in accordance with Home Office Guidance, which permits a person to be treated as an adult where two Home Office members of staff independently assess that the person is an adult because their physical appearance and demeanour very strongly suggest that they are significantly over 18 years of age and there is little or no supporting evidence for their claimed age. The defendant local authority, acting in accordance with Welsh Government Guidance providing that where there is agreement among the agencies involved that a young person is significantly over the age of 18 there is no requirement on the local authority to assess age, did not carry out a full age assessment. The claimant challenged that approach and sought interim relief and expedition. The defendant responded to the pre-action protocol letter, and the claim appeared to have been served using the email address provided, but no response to the claim itself was filed. The application for permission was determined on the papers by His Honour Judge Jarman KC, sitting as a judge of the High Court, following consideration of the documents lodged by the claimant.