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R (on the application of A) v London Borough of Croydon

Case date: 28 November 2008



Introduction
An appeal against a local authority’s age assessment of the claimant was allowed as it had unreasonably excluded material medical evidence and did so without giving adequate reasons.

Details of the case

The claimant was an Iraqi asylum-seeker who arrived in the United Kingdom in February 2008. He claimed to be 15 years old when he entered the UK. However, the defendant local authority determined that he was actually over 17 years old.

Despite being asked to reconsider its position, the authority looked after the claimant pursuant to its duty under section 20 of the Children Act 1989.

The authority reaffirmed its decision on its consideration of the medical evidence before it.

On 9 November 2008, the basis of the authority's decision, the claimant was deemed to be an adult.

The claimant argued that the authority’s affirmation should be quashed on the basis that it was unreasonable, on the basis that it had erroneously rejected, or failed to take properly into account material evidence, and failed to give reasons for its decision.

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