AS -v- Dudley Metropolitan Borough Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

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

11 March 2026

Before:

His Honour Judge Rawling

Between:

THE KING on the application of
AS (acting by her litigation friend DA)

-v-

Dudley Metropolitan Borough Council

Order

On an application by the Claimant for expedition of the permission stage and an anonymity order

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 AS and her litigation friend as DA.
    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.
  2. Abridgement of time and expedition:
    a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on date 23 March 2026.
    b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 30 March 2026.
    c) The papers are to be referred to a judge immediately thereafter to consider permission.

REASONS

  1. Anonymity: The Claimant is a vulnerable child, the interests of protecting her from publicity outweigh the public interest in being provided with details of her identity. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
  2. Abridgement of time/expedition:
    The Claimant is a vulnerable child coming to the end of her school education any delay in determining whether the Defendant has breached the duty that it owes to make the provision set out in her EHCP is likely to significantly prejudice her education and key exam results. It is appropriate therefore to abridge time for the steps, prior to permission being considered, to be taken and to provide for permission to be considered urgently thereafter.
    The Claimant has asked that permission be determined at a hearing but: (a) there appears at this stage to be nothing complicated about the claim which would justify permission being dealt with at a hearing rather than on paper; and (b) whilst ordering a hearing at this stage would avoid the need for oral renewal if permission is refused, this is not considered to be sufficient reason, in this case, to hold a hearing, rather than determining permission on paper.