ADN -v- London Borough of Hounslow (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-00026

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

30 January 2025

Before:

Aidan Eardley KC sitting as a Deputy High Court Judge

Between:

The King on the application of
ADN
(a child by his father and litigation friend ADK)

-v-

London Borough of Hounslow

Order

Upon the Claimant having issued a Judicial Review Claim Form on 24 January 2025

And Upon the Claimant having issued a Form N463 on the same day seeking urgent consideration of his application for directions for an expedited rolled-up hearing and other matters

Following consideration of the documents lodged by the Claimant

ORDER BY AIDAN EARDLEY KC SITTNG AS A DEPUTY HIGH COURT JUDGE

  1. Anonymity:
    (a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction:
    (i) the names of the Claimant and his father are 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 ADN and the Claimant’s father is to be referred to orally and in writing as ADK.
    (b) Pursuant to s. 11 of the Contempt of Court Act 1981 and/or s.39 of the Children and Young Persons Act 1933 , there must be no publication of the identity of the Claimant or his father or of any matter likely to lead to the identification of the Claimant or his father 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 or his father;
    (ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant or his father, 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.
    (e) A copy of this Order is to be published on the website of the Judiciary of England and Wales.
  2. Litigation friend: The Claimant’s father is appointed as the Claimant’s litigation friend.
  3. Case management directions:
    (a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 7 February 2025.
    (b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 12 February 2025.
    (c) The papers are to be referred to a judge or deputy judge as soon as possible thereafter.
  4. Costs: costs in the case.

Reasons

(1) Anonymity: The Claimant is a child and the evidence in this case will include sensitive personal information about his disabilities. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1, namely the protection of his interests under ECHR Article 8.
(2) Urgency: while I accept that time is of the essence in a case concerning a child whose education is being disrupted, the circumstances of this case do not justify departing from the usual requirement that permission be considered following the filing of an Acknowledgment of Service. I take into account in particular the Defendant’s email of 24 January 2025 (Permission Bundle p.94) indicating that it is engaging actively, that responses from the schools which might be able to offer the Claimant a placement are expected next week, and that the Defendant has also committed to putting in place all provisions that can reasonably be delivered without a school setting by 3 February 2025.
(3) Therefore, instead of making the directions sought by the Claimant, I have put in place an abbreviated timetable for pleadings. The Judge considering the application for permission will be best placed to determine whether a rolled-up hearing or further orders for expedition are necessary.