AW -v- X Care Limited and W local authority (anonymity order)
Ref No: QB-2021-002213
In the High Court of Justice
Queen’s Bench Division
9 June 2021
The Hon Mrs Justice Farbey
AW (A protected party proceeding by her mother and Litigation Friend SW)
X Care Limited
W local authority
On hearing by video the Applicant by her Litigation Friend, SW, in person, and Counsel, Mr Jonathan Manning, for the 1st Respondent, the 2nd Respondent not appearing;
AND on the 1st Respondent agreeing to continue to provide services to the Applicant for a further seven days from the date of this Order, which the Court considered to be sufficient time for the Applicant to take legal advice in order to target her claim at the correct Defendant (which may include the Clinical Commissioning Group);
AND on the Applicant’s Litigation Friend agreeing that should the Applicant suffer a relapse from her current condition, she will remove the Applicant from X’s care to the family home;
IT IS ORDERED THAT
- No matter relating to this claim may be reported if it is likely to lead to the identification of the Applicant or her litigation friend including their names, addresses, images and the identity of any Respondent. This restriction will be reconsidered at the next hearing, if any, in the claim. There shall be liberty to any affected person to apply to vary or discharge this paragraph of this Order on 48 hours’ notice in writing to the parties.
- This application is transferred to the Administrative Court.
- The Applicant shall, by 4.00 pm on 16 June 2021, file a claim form in the Administrative Court together with any further application for interim relief, and shall at the same time serve a copy of the same on the solicitors for the 1st Respondent.
- As soon as practicable after the papers referred to in paragraph 3 of this Order have been received by the Administrative Court, they shall be placed before a Judge, which may, if it is practicable to do so, be Mrs Justice Farbey, for further directions.
- The injunction granted at paragraph 2 of the Order dated 8 June 2021 is hereby discharged.
- Costs reserved.