AIR -v- Secretary of State for the Department for Work and Pensions (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-BHM-000011

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

In the matter of an application for judicial review

15 January 2025

Before:

His Honour Judge Rawlings

Between:

The King
on the application of
AIR
(Claimant)

-v-

Secretary of State for the Department for Work and Pensions
(Defendant)

and

Sam Newbold
(Interested Party)

Order

On an application BY the Claimant for an anonymity order, interim relief and expedited consideration of permission

Following consideration of the documents lodged by the Claimant

ORDER BY HIS HONOUR JUDGE RAWLINGS

  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 AIR.

(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.

  1. Mandatory injunction:

The application for interim relief is refused.

3. Abridgement of time and expedition:

(a) The Defendant and Interested Party’s Acknowledgements of Service (CPR 54.8) must be filed and served by 4pm on 29 January 2025.

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 7 February 2025.

(c) The papers are to be referred to a judge as soon as possible thereafter

  1. Changing the name of the Defendant

The name of the Defendant shall be changed to The Secretary of State for the Department of Work and Pensions.

REASONS

(1) Anonymity: The Claimant asserts that she has been subjected to domestic violence by the Interested Party and claims that disclosing her present name and/or address would place her at risk of further violence. The balance for the moment lies with granting the Claimant anonymity. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

(2) Mandatory injunction: The Claimant seeks an order that the Defendant must ensure that Child Maintenance is assessed and paid on an interim basis pending determination of permission. It is not a responsibility of the Defendant to ensure that Child Maintenance is paid by the Interested Party. In any event it is not appropriate to grant to the Claimant by way of interim relief substantially all that she claims by way of final relief without giving the Defendant/Interested Party an opportunity to respond to the claim.

(3) Abridgement of time/expedition: It is appropriate to limit the Defendant’s/Interested Party’s time to Acknowledge Service and to direct that the application for permission be considered as soon as possible thereafter. It is acknowledged that there is some urgency to determining whether or not the Claimant is entitled to the relief that she seeks, given that, if she is entitled to relief then she may be being deprived of child maintenance monies that ought to be paid to her and her financial circumstances appear to be such that tis may be having a significant effect upon her and the index chiled.

(4) Changing the Defendant’s name: The claim has been issued against Child Maintenance Service, but this service forms part of the Department of Work and Pensions for which the Secretary of State for that Department is responsible.

Signed: His Honour Judge Rawlings
Date: 15/01/25