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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-00655

In the High Court of Justice
King’s Bench Division

Administrative Court

In the matter of an application for judicial review

13 March 2025

Before:

Honourable Mrs Justice Cheema-Grubb

Between:

The King (on the application of)

BKG

-v-

Secretary Of State for The Home Department 

ORDER

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

Following consideration of the documents lodged by the Claimant and the Defendant. Without a hearing, by agreement of the parties.

Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to 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 “BKG”.

(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 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;
 

(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 and must then be served with the unredacted version;

(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.

  1. Urgent consideration and interim relief:

(a) The Defendant must provide the Claimant and her two daughters with self- contained accommodation as described on the Defendant’s grant of relocation decision of 23 January 2025. This means accommodation on the ground or first floor, no more than 30 minutes travel by public transport from Mulgrave Primary School and Queen Elizabeth Hospital within 21 days of this order.

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

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. Costs reserved.

REASONS

Anonymity: The Claimant acts for her youngest daughter aged 8, as well as herself and her other daughter aged 11. They are asylum seekers. There is extensive and necessary reference to personal, medical and school information in the claim. Furthermore, the Defendant accepts her responsibility to re-allocate suitable accommodation. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

Urgent Consideration: There is a genuine need for this application to be considered urgently, see below.

Interim Relief: The merits of Ground 1 of the underlying claim are clear. Furthermore, the case is urgent given the compelling evidence of an adverse impact on the Claimant’s youngest daughter’s health from the family’s current accommodation. The Defendant accepted the relocation request, and the chronology served indicates that she has not been idle in responding to it, but the passage of time since that acceptance on 23 January 2025, set against the impact on the family, is such that this order is required.

The order mandates resolution within 21 days rather than the shorter period sought as it is accepted that as of today’s date there is only one potentially suitable property, and the order allows for that to fall through and another need to be source.