‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’

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UK Constitutional Law Association, 1st July 2024

Source: ukconstitutionallaw.org