AA and another -v- The London Borough of Bromley (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2018-LON-003312

In the High Court of Justice
King’s Bench Division
Administrative Court

4 March 2024

Before:

Karen Ridge sitting as a Deputy Judge of the High Court

Between:

R on the application of
AA (A child by her litigation friend OA)

and

OA

-v-

The London Borough of Bromley

and

Bromley CCG
(interested party)

Order under CPR 21(10)

UPON reading the Claimants’ application notice dated [ 21.2.24] and the schedule of agreed terms signed by the parties upon which the proceedings are to be treated as withdrawn

AND UPON the Claimants lodging an application notice dated 30 October 2018, seeking permission for judicial review of the Defendant’s failure to complete a lawful child in need and parent carers assessment pursuant to sections 17 and 17ZD of the Children Act 1989

AND UPON the Defendant agreeing to carry out a review of the package of care concerning the first Claimant, on 6 November 2018

AND UPON the Defendant advising the Claimants that the local authority would require 20 working days to complete their review, commencing on 12 November 2018.

AND UPON the Claimants’ letter to the court on 12 December 2018, noting that an acknowledgement of service from the Defendant had not yet been filed but that the parties were in further discussions as to the extant proceedings and requesting that the court refrain from putting the papers of this application before the Judge until further notice

AND UPON the Defendant having completed a review of the first Claimant’s needs by assessment dated 12 April 2019 and parent carers’ assessment on 21 November 2019 [copies enclosed]

AND UPON the parties having agreed a draft order and applying to withdraw the application for judicial review on 5 May 2022 on the basis that assessments sought had now been completed, but the court refusing to approve the order as per reasons set out in the email to the parties dated 9 October 2023

IT IS ORDERED THAT:

  1. Hearing of 5 March 2024 is vacated.
  2. The First Claimant, a child, shall be referred to as AA, and the Second Claimant (who is also AA’s mother and litigation friend) as OA.
  3. The agreed terms set out in the schedule for withdrawal of the proceedings are approved pursuant to CPR 21.10.
  4. The Defendant is to pay the Claimants legal costs in the sum of £13,500 (including VAT). It is noted by the court that, at time of approving this order, payment of these costs in that sum has now been made by the Defendant.
  5. There shall be an assessment of the First and Second Claimants’ legal aid costs.