Case No: CO/3737/2022
In the High Court of Justice
King’s Bench Division
27 October 2022
David Pittaway KC Sitting as a Deputy High Court Judge
The King on the application of AHS
Secretary of State for the Home Department
On an application by the Claimant for interim relief
Following consideration of the documents lodged by the Claimant
Order by David Pittaway KC Sitting a Deputy High Court Judge
- Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name(s) or address of the Claimant or any details leading to his identification. If referred to, he shall only be referred to as ‘AHS’;
- Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only by the letters ‘AHS’; and (b) any reference to his name has been deleted from those documents.
- The Defendant shall file an acknowledgment of Service and Summary Grounds of Defence by 2pm on Friday 4 November 2022.
- The application for interim relief shall be considered on paper in the week commencing 7 November 2022.
- Permission to the Defendant to apply on 24 hours notice to vary paragraphs 3 and 4 of this order.
- Costs reserved
- This is an interim application for an order that the Defendant shall provide the Claimant with adequate accommodation in North London which is suitable to his individual needs and circumstances and in particular a. Contains cooking facilities which the Claimant can access; b. Is entirely located on the ground floor or accessible by lift; and c. Includes a private bathroom for the Claimant’s exclusive use.
- The Claimant is a 34-year-old Iranian refugee housed in the basement of a hotel in Kingston-upon-Thames. He was diagnosed in July 2022 with pancreatic biliary disease and is awaiting an operation to remove his gallstones. He is unable to eat the food the hotel provides and is in pain from his condition. The hospital is not prepared to operate unless he has suitable accommodation, including a private bathroom, in which he can recuperate.
- The application should be determined on paper as soon as is practicable but the Defendant should be given the opportunity to respond to the claim before that decision is made, particularly as the time for the AOS had not expired when these papers were prepared.