QAN v South Lanarkshire Council [2026] CSOH 49

A local authority has successfully defended a judicial review brought by a petitioner seeking to have his age determined by the court. The petitioner claimed his date of birth was 14 June 2008 and requested accommodation from the respondent under section 25(1) of the Children (Scotland) Act 1995. This request was refused after the respondent determined that he was over 18.

The petitioner raised proceedings in the Court of Session seeking reduction of the decision that he was over 18, and a declarator of his claimed date of birth. The respondent challenged the competency of seeking such a declarator. Lady Ross concluded that an order for declarator was not competent. Judicial review is the appropriate procedure for contesting local authority age assessments where asylum seekers claim to be children but are assessed as adults. Section 50 of the Nationality and Borders Act 2022 gave local authorities power to determine age in that situation. Accordingly, the principles in West v Secretary of State for Scotland apply. Age assessment challenges should be brought as applications to the supervisory jurisdiction, and the court will not conduct a merits review. 

In this case, there was no procedural failure or error of law, and the petition was refused. Jordanna Blockley, advocate, represented the successful local authority.