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Age assessment disputes can be settled out of court: CoA
Parties to an age assessment dispute are free to settle their differences out of court and are not required to lay any additional material or evidence before the court for judicial scrutiny, the Court of Appeal has ruled.
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In R(J) v Leicestershire County Council, heard on 2nd July, the Court of Appeal refused the permission to appeal the refusal of the Upper Tribunal (Immigration & Asylum Chamber), when presented with a consent order recording the parties’ agreement as to the claimant’s date of birth, to grant the appellant a declaration as to his age.
Richards LJ described as "nonsensical" the proposition advanced on behalf of the appellant that the Upper Tribunal Judge was bound to follow the practice adopted in R(N) v LB Croydon [2011] EWHC 862 (Admin) and R(AS) v LB Croydon [2011] EWHC 2091 (Admin) of scrutinising the evidence and making a declaration notwithstanding the agreement of the parties as to the claimant’s date of birth (in the former case an exercise which had occupied the court for a day and a half).
The freedom for parties in age assessment disputes to come to an agreement outside court is subject to the requirements of 54APD.17.1 (short statement of reasons supporting agreed order in judicial review proceedings) and, where the claimant is a child, CPR21.10 (approval of compromise), the judge added.
Kelvin Rutledge QC of Cornerstone Barristers appeared for Leicestershire CC.
