R (on the application of S (by his litigation friend)) v Croydon London Borough Council (Equality and Human Rights Commission intervening)

Local authority – Statutory powers. The Administrative Court held that it had been unlawful for the defendant local authority not to observe the guidance contained in 'Care for unaccompanied and trafficked children' and not to treat the claimant Iraqi national as a child pending the determination of his age assessment. The authority was obliged to follow that guidance and to treat the claimant as a child unless there had been cogent reasons for departing from the statutory guidance and there were no good reasons for departing from that guidance.

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