ANZ -v- Birmingham City Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

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

23 January 2025

Before:

Her Honour Judge Emma Kelly

Between:

The King on the application of
ANZ

-v-

Birmingham City Council


Order

On an application by the Claimant for urgent interim relief

Following consideration of the documents:

  • The Claimant’s permission bundle including N463 application for urgent consideration.
  • An email from the Defendant, dated 17 January 2025, confirming service of the claim and application for interim relief and providing a response to the Claimant’s request for an interim order.
  • An email from the Claimant, dated 20 January 2025, confirming no offer of accommodation has been received by the Claimant.

ORDER BY HER HONOUR JUDGE EMMA KELLY

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 ANZ.

(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.

(e) A copy of this order shall be published on the website of the Judiciary of England and Wales pursuant to CPR 39.2(5).

2. Mandatory injunction:

(a) By 4pm on 31 January 2025 the Defendant must secure suitable interim  accommodation for the Claimant pending the outcome of the proceedings or further order.

(b) The Defendant may apply to vary or discharge paragraph 2(a) above, any such application to be served on each party.

***THIS IS A MANDATORY INJUNCTION. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. IT MUST BE COMPLIED WITH UNLESS AND UNTIL IT IS SET ASIDE BY A COURT, EVEN IF AN APPLICATION TO VARY OR DISCHARGE IT HAS BEEN MADE UNDER PARAGRAPH 2(b) ABOVE***

3. Costs reserved.

REASONS

1. Anonymity: The claim relies on personal medical information of the Claimant and her family, including her young children. The Claimant has a reasonable expectation of privacy of such personal details. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

2. Mandatory interim injunction: There are serious issues to be tried. The evidence suggests that the Defendant accepted it owed the Claimant the main housing duty by letter dated 25 August 2023 and has further accepted by review decisions on 22 July 2024 and 6 November 2024 that the accommodation provided was unsuitable. The balance of convenience lies in favour of granting interim mandatory relief. If interim relief is not granted there is a risk the Claimant and her family, which includes children aged 4, 2 and 3 months, will remain in unsuitable accommodation. It is noted that the latest review decision was made over 11 weeks ago. Despite the Defendant indicating in its letter of 17 January 2025 that it had identified possible suitable accommodation, the Claimant’s letter of 20 January 2025 states no offer of accommodation has been received by the Claimant.