AN -v- London Borough of Barking and Dagenham (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-000776

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

3 September 2025

Before:

Alan Bates, sitting as a Deputy Judge of the High Court

Between:

The King on the application of
AN

-v-

London Borough of Barking and Dagenham

Order

BEFORE Alan Bates, sitting as a Deputy Judge of the High Court

UPON the Claimant’s claim for judicial review

AND UPON CONSIDERING the written submissions and evidence filed by the parties

AND UPON HEARING Joshua Jackson, Counsel for the Claimant, and Andrew Lane, Counsel for the Defendant, on 19 June 2025

AND UPON the Court sending to the parties’ respective Counsel, on 1 September 2025, a confidential draft judgment by which the Court indicated that the claim for judicial review succeeds in relation to Ground 1 but not on Ground 2

AND UPON the parties each providing draft orders and written submissions on consequential matters to the Court by email, via their respective Counsel, which the Court has then considered

AND UPON the judgment being handed down on 3 September 2025 by email

IT IS DECLARED that:

  1. Over a period commencing no later than 10 February and continuing at least to the date of the date when the Court handed down its judgment (3 September 2025), the Defendant has been failing to comply with its statutory duty to make a proper assessment of the Claimant’s housing needs in accordance with section 189A(2) of the Housing Act 1996, and in so failing, the Defendant has also failed to comply with its duties arising in relation to the Claimant’s daughter (a child) under (i) section 11(2) of the Children Act 2004 and (ii) section 149 of the Equality Act 2010.

IT IS ORDERED that:
Continuation of anonymity and reporting restrictions

  1. The anonymity order made by Judge Plimmer, sitting as a High Court Judge, sealed on 16 April 2025, shall continue indefinitely. As such:
    a. The names of the Claimant and her child shall not be referred to in connection with these proceedings, in any communications with persons were not parties to these proceedings. The Claimant may instead be referred to as “AN”, and her child as “EB”.
    b. There must be no publication of the identity of the Claimant or her daughter, or of any matter likely to lead to the identification of those persons, in any report of, or otherwise in connection with, these proceedings.
    c. The court file retained by the court office shall be marked “Anonymised”.
    Pursuant to CPR 5.4C, person who is not a party to these proceedings may obtain a copy of the pleadings, a judgment or order from the court records only if that copy has been anonymised such that it does not reveal the names or addresses of the Claimant and her daughter, or the name of any school that have been attended by the daughter.
    The Claimant’s procedural application
  2. The Claimant do have permission to amend her Statement of Facts and Grounds in the form exhibited to her application of 19 May 2025 and to rely upon the additional evidence therein provided.
    Requirement for the Defendant to make a proper Housing Act needs assessment
  3. The Defendant must promptly review its assessment of the Claimant’s housing needs pursuant to section 189A of the Housing Act 1996 and use reasonable endeavours to ensure that it has carried out the following actions by no later than 5 p.m. on Wednesday 1st October 2025:
    a. The making of an updated assessment of the Claimant’s housing needs which includes an assessment of the matters set out in subsection (2) of section 189A, and the notification of that updated assessment to the Claimant as required by subsections (3) and (10).
    b. The formulation, recording in writing, and provision to the Claimant of a written copy, of a set of steps to be taken by the Claimant and by the Defendant which either (i) have been agreed with the Claimant, or (ii) absent such agreement, have been determined by the Defendant to be appropriate, for the purposes of securing that the Claimant and the daughter living with her have and are able to retain suitable accommodation, pursuant to subsections (4)-(9) and (11) of section 189A.
    Costs
  4. As to costs:
    a. The Defendant shall pay 70% of the Claimant’s costs of the claim on the standard basis, to be subject to detailed assessment if not agreed.
    b. The Defendant shall within 28 days of service of a schedule of costs make an interim payment on account of costs in the sum of 30% of the total amount of the Claimant’s costs of the claim as shown in the schedule, pursuant to CPR rule 44.2(8).
    c. There shall be detailed assessment of the Claimant’s publicly funded costs.