AEA -v- Royal Borough of Kensington and Chelsea (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
AC-2024-LON-003474
In the High Court of Justice
King’s Bench Division
Administrative Court
15 January 2025
Before:
Richard Clayton KC sitting as a Deputy High Court Judge
Between:
AEA
-v-
Royal Borough of Kensington and Chelsea
Order
Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant [and the Acknowledgement of service filed by the Defendant
ORDER by Richard Clayton KC sitting as a Deputy High Court Judge
1. Permission is granted.
2. Pursuant to s31A(3) of the Senior Courts Act 1981 the claim shall be transferred to the Upper Tribunal (Immigration and Asylum Chamber) to undertake a fact-finding as to the Claimant’s age.
3. Interim relief is granted. The Defendant shall forthwith provide accommodation and support to the Claimant under the Children Act 1989 in line with his claimed age.
4. The Claimant is granted anonymity until further order.
5. Until further order and there must be substituted for all purposes in this action in place of references to the Claimant by name, and whether orally or in writing, reference to ‘AEA’.
6. Any non-party may not inspect or obtain the copy of any document from the Court file (other than this Order – duly anonymised) without the permission of the Court. Any application for such permission must be made on notice to the Claimant.
7. A non-party may not obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction.
8. Pursuant to CPR 39.2(4) the publication or disclosure of the identity of the Claimant or of any material tending to identify the Claimant shall be prohibited.
9. The Court file shall be clearly marked with the words “An anonymity order was made in this case on the date of this Order and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
10. Any non-party affected by this Anonymity Order may apply on 7 days’ notice to set aside or vary it.
11. Pursuant to CPR 39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders dated 16 April 2019 a copy of this order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk
12. For the avoidance of doubt, the anonymity order shall apply to the proceedings in the Upper Tribunal following transfer.
13. Costs reserved.
Reasons
1. I have ordered that the Claimant be anonymised and that there be reporting restrictions to prevent publication of information that could lead to the Claimant. This is appropriate and proportionate to protect the privacy of the Claimant, given the sensitive evidence regarding the Claimant’s medical circumstances which is likely to figure significantly in the Court’s consideration of the claim. The Claimant’s Article 8 ECHR rights outweigh any possible public/media interest in this matter, and any relevant rights under Article 10 ECHR: Re Guardian News and Media Ltd [2010] 2 AC 697.
2. Permission is granted in accordance with principles stated in FZ.
3. Interim relief is granted on the ground that:
a. the Claimant has prima facie case is based on grounds on which he has been granted permission
b. those grounds constitute a prima face case for interim relief: see R(Talash) v Croydon LBC [2018] EWHC 2138, [13]; R (BG) v Oxfordshire County Council [2014] EWHC 3298, [30]; R (AS) v Liverpool City Council [2020] EWHC 3531 (Admin) [13]; R (MA); v Manchester City Council [2023] EWHC 359 (Admin), [25]-[6].
c. The balance of convenience and that public interest indicate that the dangers inherent in not accommodating a young person as a child and in almost always far greater than accommodating a young adult: see the ADCS Guidance; R (S) v Croydon LBC [2017] EWHC 265 (Admin); [2017] P.T.S.R. 744, R (LS) v LB Brent [2020] EWHC 3074, [26(d)]. In addition, the Claimant himself is a vulnerable young person without a support network in the UK; on his claimed age, he is 16, and so not a child soon to be an adult; and he is frightened in adult accommodation, does not receive any specialist or safeguarding support, and struggles to sleep.