Age Assessment

May 24th, 2021 by James Goudie KC

In R (AXA ) v Hackney LBC (2021) 1345 ( Admin) the claimant said that he was 17. The Council assessed him to be at least 21. They declined to provide him with accommodation suitable for a 17 year old. He sought a mandatory interim injunction requiring the Council to place him in “ claimed age appropriate accommodation” and “ provide support for his living needs”.  Garnham J noted, at para 21, that in accommodation duty cases an injunction will not generally be granted where the applicant cannot show a “ strong prima facie case “, but said,,at para 22, that there are circumstances where the Court may not insist on a strong prima facie case. Context is everything. Garnham J concluded, at paras 23 and 24, that there is “ no hard and fast rule” , but the fact that what is sought is mandatory is “ one factor which can properly be taken into account in assessing the balance of convenience.” The strength of the claimant’s case, so far as it can be taken into account, is also a factor to be taken into account in the balance of convenience. See further paras 42-48 inclusive.

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