AYW and another -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-003553

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

30 October 2024

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
AYW
ACR (by his mother and Litigation Friend, AYW)

-v-

Secretary of State for the Home Department

Order

On the Claimants’ application for an anonymity order, urgent consideration, expedition and directions;

Following consideration of the documents lodged by the Claimant;

Order by the Honourable Mrs Justice Lang DBE

1. Under the Court’s inherent jurisdiction and pursuant to section 6 of the Human Rights Act 1998 and CPR 39.2(4):
a. The names of the Claimants and the litigation friend are to be withheld from the public and must not be disclosed in any proceedings in public.
b. The First Claimant, and the litigation friend, is to be referred to orally and in writing as “AYW”.
c. The Second Claimant is to be referred to orally and in writing as “ACR”.
d. The litigation friend is to be referred to orally and in writing as “AYW”.

2. Pursuant to section 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimants and the litigation friend or of any matter likely to lead to the identification of the Claimants and the litigation friend in any report of, or otherwise in connection with, these proceedings.

3. Pursuant to CPR 54C(4):
a. Within 7 days of the date of service of this order, the parties must file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimants and litigation friend;
b. If any statement of case subsequently filed includes information likely to lead to the identification of the Claimants and litigation friend, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;
c. Unless the Court grants permission under CPR 4.4C(6), no nonparty may obtain a copy of any unredacted statement of case.

4. The claim is to be expedited.

5. The Defendant’s Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief, must be filed and served by 4 pm on 11 November 2024.

6. Any Reply from the Claimants (CPR 54.8A) must be filed and served by 4 pm on 14 November 2024.

7. The papers are to be referred to a Judge for a decision whether to grant permission to apply for judicial review or to order a rolled-up hearing, no more than 7 days after the filing of the Reply, or in the absence of a Reply, no more than 10 days after the filing of the Acknowledgment of Service.

8. Liberty to apply to vary or discharge this order on 2 days notice to the other party.

9. Costs reserved.

Reasons

  1. I have granted an anonymity order as the Second Claimant is a severely disabled child, aged 5, whose mother and litigation friend is the First Claimant. In the circumstances, a departure from the general principle of open justice is justified.
  2. The Claimants allege an ongoing breach of the Defendant’s statutory duty to provide the Claimants with adequate accommodation pursuant to sections 95 and 96 of the Immigration and Asylum Act 1999.
  3. The Claimants have been accommodated in hotel rooms since 2021. The Second Claimant’s needs are not being met in such restricted accommodation. Accordingly, I have made directions for an expedited timetable and consideration of a rolled-up hearing.