BEU -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-000979

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

3 April 2025

Before:

The Hon Mr Justice Calver

Between:

The King on the application of
BEU

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for interim relief and anonymity

Following consideration of the documents lodged by the Claimant

ORDER BY THE HON. MR JUSTICE CALVER

  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 BEU.
    (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. Mandatory injunction:
    (a) Pending further order, the Defendant shall provide the Claimant with accommodation in Swindon. The accommodation shall be made available within 48 hours of the service of this order upon the Defendant.
    (b) The Defendant may apply to vary or discharge paragraph 2(a) above upon 24 hours’ notice to the Claimant.
    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 Claimant is an asylum seeker. Anonymity is necessary to protect the Claimant from any violation of his privacy in personal matters concerning destitution, homelessness and immigration status. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
(2) Mandatory injunction:
(a) The Claimant has been street homeless since 25 March 2025. the Claimant maintains that the Defendant is in breach of her statutory duties under the 1999 Act and has frustrated the Claimant’s legitimate expectation of accommodation under s.95. The Claimant has complied with the pre-action protocol by a letter before action dated 24 March 2025 as well as a further letter dated 27 March. No responses to these letters, or any other correspondence preceding them, have been received from the Defendant.
(b) The Claimant has a strong prima facie case that the failure to provide him with accommodation is unlawful on the grounds alleged. Damages would plainly not be an adequate remedy for the Claimant. The balance of convenience favours mandatory interim relief whilst granting the Defendant liberty to bring the matter back before the court as a matter of urgency upon 48 hours’ notice should she have good grounds to apply to vary this order despite the foregoing.