Claim number: CO/3007/2021
In the High Court of Justice
King’s Bench Division
20 April 2023
Sir Ross Cranston sitting as a High Court Judge
The King on the application of
AB and CD
The Richmond and Wandsworth Safeguarding Adults Board
UPON the Court being informed that
(a) By these proceedings, the Claimants challenge the lawfulness of a Safeguarding Adults Review (“SAR”) carried commissioned and adopted by the Defendant under s.44 Care Act 2014, originally on 2 June 2021, and subsequently revised on 1 November 2021;
(b) Permission to apply for judicial review was granted at an oral renewal hearing on 17 May 2022;
(c) A summary of the SAR has been published in the Defendant’s annual report, in line with its Care Act 2014 obligations;
(d) The Defendant has a discretion as to whether to publish the full SAR;
(e) The Defendant agrees that it will not publish the full SAR or make any publication further to that which has already occurred within its annual report;
(f) The parties agree that anonymity is appropriate for the purposes of CPR 39.2(4) in light of the highly sensitive factual context to the SAR and to these proceedings, noting in particular that the adult who was the subject of the SAR had been assessed as lacking capacity to make decisions about his residence and care arrangements.
By consent, it is ordered that:
- The Claimants are granted anonymity pursuant to CPR 39.2(4).
- Permission is granted to the Claimants to withdraw the claim for judicial review, and the claim is hereby withdrawn.
- The Defendant shall pay £20,000 (inclusive of any VAT) in respect of the Claimants’ costs within 14 days of the date of this order.
- The hearing listed to take place on 25 and 26 April 2023 is vacated.