Publications

Joshua Swirsky discusses R(MAA) v LB Hounslow in which he acted for the local authority in successfully resisting permission for judicial review in an age assessment case. The High Court applied the established the legal tests for permission on procedural fairness grounds and factual grounds.

Joshua Swirsky discusses R(YI) v LB Hackney in which he acted for the successful local authority. Upper Tribunal Judge Smith once again had to consider the balance of convenience in an age assessment case when interim relief is sought.

Clare Cullen considers a judicial review concerning indirect discrimination and applicants who have a medical support animal. The case is a reminder to local authorities and homeless applicants that judicial review will often be refused if there is an alternative remedy.

Can a court lawfully order the parties to court proceedings to engage in a non-court based resolution process such as an internal complaints procedure operated by a local authority? If so, in what circumstances? These were the important issues explored by the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council.

Joshua Swirsky reminds local authorities conducting short-form age assessments to spell out their reasons for finding that an applicant is an adult. Following R(HAM) v LB Brent (in which Joshua acted for the successful local authority), the local authority in R(LF) v Birmingham Children's Trust (for whom Joshua acts) had conducted an abbreviated age assessment of a young asylum-seeker

Max Lansman summarises a judgment for Family Law Week where the Court of Appeal overturned a decision to authorise interim removal of 3 children from their parents' care. Lord Justice Baker sets out the Court of Appeal's 3 most prominent reasons for interfering with the judgment at first instance.