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16 SEP 2010

LOCAL AUTHORITY/ AGE DETERMINATION: R (PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin)

(Queen's Bench Division (Admin); Hickinbottom J; 4 August 2010)

The issue was whether the local authority was entitled to stop treating the claimant as a child following an immigration tribunal finding that the claimant was over 18. The tribunal did not have the jurisdiction in an appeal to make a finding of age that was binding in rem, rather than in personam.  

The local authority had not conducted a substantive review of the claimant's age after the finding by the immigration tribunal, instead it had considered themselves bound by its finding. Before stopping support under the Children Act 1989, s 20, the authority should have reviewed the age assessment, taking the immigration tribunal finding into account. By failing to make that reassessment before revoking previous the assessment the authority had acted unlawfully.  


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