BC -v- Hillingdon Council (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003915

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

In the matter of an application for judicial review

5 December 2024

Before:

Mr Justice Sheldon

Between:

BC
(by his parent and litigation friend, DC)

-v-

Hillingdon Council

Order

ORDER made by Mr Justice Sheldon

UPON considering the Claimant’s application for anonymity, permission and expedition.

IT IS ORDERED that:

  1. The Claimant’s mother is appointed as his litigation friend.

Anonymity

  1. Anonymity is granted to the Claimant pursuant to Section 39 of the Children and Young Persons Act 1933. The Claimant will be referred to as BC and his Litigation Friend, DC, in these proceedings.
  2. These proceedings shall be known as “R (BC by his mother and litigation friend, DC) v Hillingdon Council)”.
  3. No person or body, shall by any means, whether orally or in writing or electronically, or by any way of social media or any other way, directly or indirectly:

a. Publish or communicate information or any part of it concerning BC and DC;
b. Cause, enable, assist or encourage the publication or communication, the information or any part of it, concerning BC or DC. In particular, this should cover publication of BC’s residence and family.

  1. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 2 above.

Permission and Case Management

  1. The Defendant shall file and serve, if so advised, an Acknowledgement of Service within 14 days of the date of service of this Order.
  2. The Claimant shall file and serve, if so advised, a response to the Defendant’s Acknowledgement of Service within 5 days of the Defendant’s Acknowledgement of Service having been filed and served and must comply with CPR Rule 54.8A.
  3. The papers are to be referred to a Judge or Deputy Judge for a decision whether to grant permission to apply for judicial review or order a rolled-up hearing immediately thereafter, on the first available date after 19 days.
  4. The parties shall have liberty to apply to vary or set aside this order on two working days’ notice to the other parties.

Costs

  1. Costs reserved.

Reasons

  1. The Claimant, a 15 year old boy, is in receipt of an ECHP maintained by the London Borough of Hillingdon. It is contended that the local authority has
    failed to secure for him the specific provision set out at section F of the ECHP, even though it was issued on 4 April 2024. There is clearly a degree of urgency in ensuring that this matter is considered by the Court. If the local authority is not making the necessary provision (and I make no findings with respect to that), this could have a detrimental effect on the Claimant and his education.
  2. It is necessary, therefore, to abridge the time for the local authority to lodge an Acknowledgment of Service, and for the matter to come before a judge on the papers with some degree of urgency.
  3. Anonymity is granted as the Claimant is a child.

Mr Justice Sheldon
5 December 2024