Young person succeeds in Upper Tribunal age dispute

An 18-year old asylum seeker from Afghanistan has succeeded in his judicial review of East Sussex County Council regarding his age.

He arrived in the UK as a 15 year old, claimed asylum and was taken into foster care. However, the local authority later disputed his age and assessed him to be an adult, withdrawing children's services, and sending him to Home Office adult accommodation.

Following a judicial review claim, the High Court granted interim relief and ordered the local authority to treat the young person as a child pending a fact-finding hearing in the Upper Tribunal.

Following a two day fact-finding hearing, involving cross-examination of the young person and the local authority's social workers, the Tribunal accepted the young person's claimed age (18 at the date of the final hearing) and ordered the local authority to pay his legal costs. He will now be entitled to care leaver services as a former looked after child.

Alex Shattock acted for the young person throughout his legal challenge, instructed by Zoe Chan at Lawstop.