AM -v- Wokingham Borough Council (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-000850
In the High Court of Justice
King’s Bench Division
Administrative Court
13 March 2024
Before:
The Honourable Mr Justice Holgate
Between:
The King on the application of
AM (through his mother and litigation friend MM)
-v-
Wokingham Borough Council
Order
On an application by the Claimant for urgent relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Holgate
1. Anonymity is granted pursuant to Section 39 of the Children and Young Persons Act 1933. The Claimant will hereafter be referred to as AM and his Litigation Friend as MM.
2. Until further order, no person shall publish the name or address of AM or MM or of the school the subject of this claim, or any other information or material which could lead to the identification of either AM or MM or both of them.
3. Pursuant to CPR 5.4C, no documents shall be supplied from court records to any non-party unless the names and address of AM and MM are redacted and they are referred to as AM and MM respectively.
4. The application for permission to apply for judicial review and for interim relief is adjourned to a hearing with both parties in attendance on 20 March 2023 with a time estimate of up to 2 hours.
5. By no later than 4pm on 14 March 2024 the claimant must file and serve: (i) an index to the hearing bundle which identifies each document in the bundle (other than emails); (ii) an electronic bundle with hyperlinks and a paper copy for use by the judge; (ii) a bundle of authorities.
6. By no later than 4pm on 15 March 2024 the defendant must file and serve an acknowledgement of service with summary grounds of defence which are to stand as the skeleton for the hearing, together with any additional evidence and authorities relied upon, both in electronic and paper form.
7. By no later than 10am on 18 March 2024 the claimant must file a skeleton in reply.
8. CPR 2.11 is excluded.
Reasons
1. The anonymity orders are necessary and proportionate for the proper administration of justice. The claimant is a vulnerable young man with special educational needs. The need for anonymity here plainly outweighs the principle of open justice and Art. 10 of the ECHR.
2. On the face of it, the statement of facts and grounds present a forceful set of arguments justifying the legal criticisms made of the defendant and the grant of relief.
3. It is very concerning that the defendant has not replied to the matters alleged despite having had an adequate opportunity to do so. It must now comply with the court’s order as as a matter of urgency. The pre-action protocol letter was sent by the claimant as far back as 12 October 2023. The EHCP was not completed until 20 November 2023. The documents produced so far suggest unacceptable procrastination and underprovision by the defendant in the context of clear statutory duties to meet the identified needs.
4. It would also appear that this matter could be resolved satisfactorily by agreement between the parties. If the proceedings can be resolved the court should be notified by 10am on 18 March before the judge begins pre-reading for this case.