BHO -v- Health Secretary and another (anonymity order)
Claim number: AC-2025-LON-000462
IN THE HIGH COURT OF JUSTICE
ADMINISTRATIVE COURT
10 MARCH 2026
BEFORE:
THE HON. MRS JUSTICE HEATHER WILLIAMS DBE
BETWEEN:
THE KING on the application of
BHO
-v-
(1) SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE
(2) NORTH WEST ANGLIA NHS TRUST
and
(1) INDEPENDENT MONITORING AUTHORITY FOR THE CITIZENS’ RIGHTS AGREEMENTS
(2) THE ADVICE ON INDIVIDUAL RIGHTS IN EUROPE CENTRE
(Interveners)
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
(Interested Party)
Order
UPON the Claimant’s application for judicial review dated 12 February 2025,
AND UPON the Claimant having been granted permission by order of Mr Justice Swift dated 24 June 2025,
AND UPON hearing counsel for the Claimant and counsel for the Defendants at a hearing on 17 and 18 December 2025,
AND UPON the Interveners having been granted permission to intervene in writing by an Order of the Court dated 2 October 2025,
AND UPON the Claimant and her daughter having been granted anonymity by orders of Swift J dated 23 June 2025 and Heather Williams J dated 17 December 2025 respectively,
AND UPON judgment being handed down on Tuesday 10 March 2026
IT IS ORDERED that:
Disposal of the claim
- The Claimant’s application for judicial review is dismissed.
Costs
2. The Claimant shall pay the Defendants’ costs of this application for judicial review on the standard basis, to be subject to a detailed assessment if not agreed.
3. The costs order in paragraph 2 is not to be enforced against the Claimant until such a time as a determination of her liability has been made pursuant to section 26 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and regulations made thereunder, such determination to be adjourned generally.
4. The Claimant’s costs shall be the subject of a detailed assessment in accordance with the Civil Legal Aid (Costs) Regulations 2013 and CPR 47.18.
Permission to appeal
5. The Claimant shall file and serve any application for permission to appeal by 4pm on 12 March 2026 as well as written submissions in support of such application (which shall not exceed 4 pages).
6. To the extent either Defendant wishes to file reply written submissions (not exceeding 4 pages), they must do so by 4pm on 19 March 2026.
7. Any application for permission to appeal shall be determined by the Court on the papers thereafter.
8. For the purposes of CPR r.52.12(2)(a):
a) The “hearing at which the decision to be appealed was made” is adjourned until the date that the Court determines any application for permission to appeal made to it in accordance with the timetable set out in paragraphs 5-6 above.
b) In the event that the Court refuses or grants permission to appeal, the deadline for filing any Appellant’s Notice at the Court of Appeal is extended until 42 days after the decision granting or refusing permission.