Age Assessments

July 25th, 2022 by James Goudie KC

In every case, when deciding whether an age assessment has been conducted consistent with the requirement of fairness, there is no substitute for testing the matter against the basic principle, by reference to (1) the circumstances of the case under consideration, and (2) whether (a)  the decision rested on reasonable investigation and (b) the investigation was undertaken fairly. So emphasized Swift J in HAM v Brent LBC (2022) EWHC 1924 ( Admin ). He added that the investigation requirement is likely to focus on whether any interview with the person was conducted to permit him  (i) properly  to contribute, and (ii) properly to respond to matters going to his credibility which the local authority considers weigh against his contention to be a child.

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