On 8th February 2008, the Court of Appeal, in London Borough of Lambeth v. TK & KK, addressed the following question:
"When in family proceedings a court has made a direction under s.37 Children Act 1989 that a local authority should investigate the circumstances of a person claiming to be a child and when, in response to the direction, the local authority have informed the court of their conclusion, following inverstigation, that the person is not a child and that therefore they do no propose to take any such action in respect of her (or him) as is identified in the section, can the court, and if so should the court, direct that a fact-finding hearing take place in order that it may determine the issue between the person and the local authority as to whether she (or he) is a child?"
It was held that a local authority does not have the final say on the matter of a young person's age and identitiy, and that such a decision should ultimately rest with the court. This holds wide implications for the thousands of vulnerable children who enter the UK every year, many of whom are unaccompanied, lacking formal identification, may have been trafficked, and are ultimately reliant on local authorities to assist them.
For Information Note on the case click here
For the full Judgment, click here.
Press Release: Who decides the age and identity of unaccompanied minors? - 7th February 2008
