Detention of child unlawful despite reasonable belief that over 18


Re: R (Abdul Muttelab Awed Ali) v Secretary of State for the Home Department [2017] EWCA Civ 138

The question was whether the detention of a child was lawful where a detainee on reasonable grounds had been assessed as over the age of 18, but later it was discovered that the detainee was a child under 18. The Secretary of State’s appeal was dismissed.

Chris Buttler was involved in this case.