AMA -v- Hampshire County Council (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-004252

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

In the matter of an application for judicial review

6 March 2025

Before:

Anneli Howard KC,
sitting as a Deputy High Court Judge

Between:

The King
on the application of
AMA
(Claimant)

-v-

Hampshire County Council
(Defendant)

and

The Secretary of State for the Home Department
(Interested Party)

Order

On an application by the Claimant for judicial review

Following consideration of the documents filed by the Claimant and the Acknowledgement of Service of the Defendant and the Interested Party to the same

Having regard to the Claimant’s request for anonymity

Having regard to the Certificates of Service on the Defendant and Interested Party

Having regard to the Claimant’s application and revised supporting evidence seeking an extension of time for serving the Claim Form and request for relief from sanctions as well as the Defendant’s emails to the Court dated 15 and 16 January 2025 and submissions regarding the application for an extension of time

ORDER BY Anneli Howard KC (sitting as a Deputy High Court Judge)

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) 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 AMA. The proceedings shall be known as R (AMA) v Hampshire County Council.

(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. Extension of time: The Application for a retrospective extension of time for service of the sealed copies of the AOS and SGD and relief from sanctions is granted.
  2. Directions:

(a) The Summary Grounds must be filed by the Defendant and, if so advised, the Interested Party, within 7 days of this Order.

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served 7 days thereafter.

(c) The papers are to be referred to a deputy judge as soon as possible thereafter to determine interim relief, permission and expedition and any appropriate consequential directions.

REASONS

(1) The Claimant challenges factual errors and reasoning in the Defendant’s age assessment and seeks expedition, interim accommodation and transfer of the proceedings to the Upper Tribunal to determine the correctness of the age assessment.

(2) The Defendant and the Interested Party observe that the sealed copy of the Claim Form has not been properly served so they have declined to file Summary Grounds. They request the Court to refuse permission for failure to comply with CPR Part 54.7.

(3) Compliance with procedural rules and the need for procedural rigour in judicial review cases is important. I have read the revised statement from the Claimant’s solicitor, which explains the circumstances for the failure to serve the sealed claim documents over the Christmas vacation, in circumstances where he did not receive a sealed claim form until 30 December 2024, whilst he was on leave.

(4) Given that this relates to formalities of service (with a short 7 day delay not causing real prejudice to the Defendant and Interested Party), I am not prepared to strike out the claim or impose sanctions or make an order for adverse costs at this early stage. I will therefore give relief from sanctions and grant an extension of time retrospectively for proper service. I have also set out expedited directions for pleading to be complied with so that consideration of permission can proceed expeditiously.

(5) The claim document raises sensitive issues regarding the Claimant’s status as a refugee which merit protection at this stage.

Signed: Anneli Howard KC
Date: 6 March 2025