BHC -v- Wiltshire County Council (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-000699

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

In the matter of an application for judicial review

6 March 2025

Before:

The Hon. Mrs Justice Farbey

Between:

The King
on the application of BHC

-v-

Wiltshire County Council

Order

On an application by the Claimant for urgent consideration, interim relief and directions

Following consideration of the documents lodged by the Claimant

ORDER by the Hon. Mrs Justice Farbey

  1. Anonymity:

(a) Until further Order, under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name and the name of her child are 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 BHC

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or her child or of any matter likely to lead to the identification of the Claimant or her child 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 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 Claimant or her child;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant or her child, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party may 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.

  1. Mandatory injunction:

(a) By midnight on 6 March 2025, the Defendant must provide the Claimant and her child with adequate accommodation which may be hotel accommodation, and must thereafter ensure that the Claimant’s child has three meals a day, until further order.

(b) The Defendant may apply to vary or discharge paragraph 2(a) above, any such application to be served on each party.

(c) Save to this extent, the application for interim relief is adjourned until 11 March 2025.

***THIS IS A MANDATORY INJUNCTION. 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. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. SEE ADMINISTRATIVE COURT JUDICIAL REVIEW GUIDE 2024, §17.7.4***

  1. Timetable for submissions and paper decision on interim relief:

(a) The Defendant may file and serve any response to the application for interim relief/directions by 4pm on Monday 10 March 2025.

(b) The Claimant may file and serve a reply to that response by 4pm on Tuesday 11 March 2025.

(c) The papers are to be referred to a judge or deputy judge for a decision whether to grant interim relief and/or to make further or other directions on Wednesday 11 March 2025.

(d) Liberty to the Defendant to apply to vary or discharge this Order on 3 hours’ notice to the Claimant.

REASONS

Anonymity:

The claim concerns the welfare of the Claimant’s child and the Defendant’s duties to the child. Given the very young age of the child, there are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

For practical purposes, the privacy rights of the child mean that the Claimant’s name should (at least at this stage) be anonymised but this does not prevent another judge from removing anonymity on the basis that the privacy rights of the child do not require indefinite anonymisation for the Claimant.

Mandatory Injunction:

  1. I am only just persuaded that the threshold for a mandatory injunction against a public body is met.
  2. The Claimant entered the UK as a visitor, with no expectation of receiving public funds for housing, and has overstayed. There is no evidence that she has taken any steps to regularise her position.
  3. She has submitted evidence of the child’s father’s employment but there is no proper evidence of any meaningful attempt to ask him to look after their child and no proper evidence of why he cannot care for the child tonight and tomorrow night.
  4. She has apparently delayed seeking the assistance of the Defendant on the unrealistic expectation that a family of strangers would or might accommodate her and the child indefinitely.
  5. Nevertheless, I am bound to consider the best interests of the child. I accept that the child will be street homeless tonight and possibly tomorrow night – albeit that the Defendant may reach a decision by the weekend. I am just prepared to accept that mandatory relief is warranted on article 8 or article 3 grounds.
  6. However, I am not prepared to grant interim relief for more than a short period, which will enable the Defendant to consider the case as a matter of fairness. I have therefore set directions and the interim relief application will be further considered next week.

Signed: Mrs Justice Farbey
Dated: 06/03/2025