February 6, 2025

ACT -v- The Royal Borough of Greenwich Council and another (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2025-LON-000182

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

6 February 2025

Before:

The Hon Mr Justice Foxton

Between:

ACT (via his Litigation Friend and Mother)

-v-

The Royal Borough of Greenwich Council

Southeast London Integrated Care Board

Order

On an application by the Claimant for (1) an anonymity order; and (b) expedition

Following consideration of the documents lodged by the Claimant and the Defendants’ responses to date

ORDER BY THE HON. MR JUSTICE FOXTON

1. Anonymity:
(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:
(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and
(ii) the Claimant is to be referred to orally and in writing as ACT.
(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.
(c) Pursuant to CPR 5.4C(4):
(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;
(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time;
(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.
(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

2. Abridgement of time and expedition:
(a) The Defendant’s Acknowledgement of Service/Summary Grounds of Defence (CPR 54.8) must be filed and served by 4pm on 31 January 2025.

3. Adjournment of permission to a hearing:
(a) The application for permission to apply for judicial review is adjourned to be determined after a hearing.
(b) The permission hearing is to be listed with a time estimate of 2 ½ hours including submissions by the parties and an oral judgment by the judge. If the Claimant considers that more time should be allowed, the time estimate must be included with the request for reconsideration of permission.
(c) The permission hearing to proceed on the first available date after 14 February 2025.
(d) Within 7 days of the service of this Order, the Claimant must file and serve an electronic copy of the Permission Hearing Bundle, prepared in accordance with the guidance on the Administrative Court website and containing the following documents:
(i) the Claim Form, Statement of Facts and Grounds and any evidence or other documents filed with the Claim Form;
(ii) any Acknowledgment of Service, Summary Grounds of Defence and any accompanying documents served by any Defendant
(iii) this Order;
(iv) the renewed application for permission to apply for judicial review (on Form 86B);
(v) any other document the Court would be likely to consider material to its decision on permission to apply for judicial review.
(e) If the Claimant fails to comply with sub-paragraph (d), permission will be determined on the basis of the renewal notice and the documents before the Court at the paper stage, unless at the hearing the Court otherwise directs.
(f) At least 3 days before the date listed for the hearing, the Claimant must file and serve:
(i) a skeleton argument, maximum 10 pages;
(ii) an electronic bundle containing any authorities which the Court needs to read at the hearing (the Authorities Bundle: see para. 22.1.2 of the Administrative Court Judicial Review Guide); and
(iii) if requested by the Court, a hard copy version of the Permission Hearing Bundle and Authorities Bundles.
(g) At least 1 day before the date listed for the hearing, any party other than the Claimant intending to participate in the hearing must file and serve any skeleton argument, maximum 10 pages.
(h) If a party fails to comply with sub-paragraph (d), (f) and/or (g), the Court may have regard to the failure when considering any question about costs at the hearing.

Reasons

(1) Anonymity: The Claimant is a child and vulnerable. There are accordingly compelling reasons for the limited derogations from the principle of open justice. The application for anonymity is not opposed.
(2) Abridgement of time/expedition: The proposed claim concerns the Claimant’s care package and there is evidence to suggest that a reduction in hours in that care package may have implications for the sustainability of the Claimant’s care and hence the Claimant’s health and well-being.
(3) Adjournment of permission to a hearing: Given the considerations justifying expedition, and the potential for both paper and oral permissions applications to delay matters, it is appropriate to adjourn the issue of permission to a hearing.