R(A) v Croydon LBC [2009] UKSC 8; [2009] 1 WLR 2557

Court: Supreme Court

Facts: Under section 20(1) of the Children Act 1989, local authorities are mandated to provide accommodation for “any child in need” who appears to require it. The appellants, X and M, were asylum seekers who claimed to be under 18. Local authorities, however, refused them accommodation, determining that they were adults. The Court of Appeal upheld this decision, stating that it was within the local authority's discretion to assess whether an individual qualified as a child under the Act. X and M appealed, arguing that any disputes over their age should ultimately be determined by the courts on the balance of probabilities.

Issue: Is the determination of whether an individual is a child for the purposes of the Children Act 1989 subject to final judicial review?

Held: Appeals allowed; the determination of whether an individual is a child for the purposes of the Children Act 1989 is a question of objective fact and is thus subject to review by the courts.

Key Judicial Statements: Baroness Hale emphasized that while questions of whether a child is ‘in need’ require subjective value judgments—suitable for public authorities—the question of whether an individual is a child is a factual one with a definitive answer. She noted that this distinction indicates that the question is a jurisdictional or precedent fact, which ultimately falls under the courts’ purview. She concluded that the Children Act reflects Parliament's intention for the courts to be the final arbiters of whether an individual qualifies as a child, thus allowing for judicial review in such cases.

💡Leveluplaw: This ruling establishes a critical legal principle that the determination of age under the Children Act 1989 is not solely an administrative decision but one that may be subject to judicial scrutiny. It reinforces the importance of the courts in ensuring that local authorities act within their jurisdiction, particularly in cases involving vulnerable individuals, such as asylum seekers, where accurate age assessments are crucial for access to necessary protections and services.