BNC -v- Essex County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-002087

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

31 July 2025

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
BNC (a child by his mother and litigation friend, BYM)

-v-

Essex County Council

Order

Notification of the Judge’s decision (CPR 54.11, 54.12)

Following consideration of the documents and pleadings filed by the Claimant and the Acknowledgment of Service filed by the Defendant;

Order by the Honourable Mrs Justice Lang DBE

  1. The application for permission to apply for judicial review is granted on all grounds.
  2. The hearing is to be listed for 1½ days; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
  3. The hearing is to be expedited, so as to be heard in October 2025.
  4. Under the Court’s inherent jurisdiction and pursuant to section 6 of the Human Rights Act 1998 and CPR 39.2(4):
    a. The name of the Claimant and the litigation friend is to be withheld from the public and must not be disclosed in any proceedings in public.
    b. The Claimant is to be referred to orally and in writing as “BNC”.
    c. The litigation friend is to be referred to orally and in writing as “BYM”.
  5. Pursuant to section 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant and the litigation friend or of any matter likely to lead to the identification of the Claimant and the litigation friend in any report of, or otherwise in connection with, these proceedings.
  6. Pursuant to CPR 5.4C:
    a. Within 7 days of the date of service of this order, the parties must 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;
    b. 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;
    c. Unless the Court grants permission under CPR 5.4C(6), no nonparty may obtain a copy of any unredacted statement of case.
  7. Venue: London.
  8. Costs in the case.

Case Management Directions

9. The Defendant shall, within 35 days of the date of service of this Order, file and serve (a) Detailed Grounds for contesting the claim or supporting it on additional grounds, and (b) any written evidence that is to be relied on.

10. Any Reply and any application by the Claimant to serve evidence in reply, must be filed and served, together with a copy of that evidence, within 7 days of the date of service of the Detailed Grounds and/or evidence.

11. The parties must agree the contents of the hearing bundle. The Claimant must file and serve the agreed hearing bundle, not less than 21days before the date of the hearing. The electronic version of the bundle shall be prepared and lodged by the Claimant in accordance with chapter 21 of the Administrative Court Judicial Review Guide and the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the hearing bundle at the Administrative Court Office, not less than 21 days before the date of the hearing.

12. The Claimant must file and serve a Skeleton Argument not less than 14 days before the date of the hearing.

13. The Defendant, and any Interested Party wishing to participate in the proceedings, must file and serve a Skeleton Argument not less than 7 days before the date of the hearing.

14. The parties must agree the contents of an authorities bundle. The Claimant must file and serve the agreed authorities bundle, not less than 7 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 7 days before the date of the hearing.

15. CPR 2.11 (variation of timetable by written agreement between the parties) does not apply.

Observations and Reasons

  1. I have made an anonymity order as the Claimant is a minor with disabilities and therefore a departure from the general principle of open justice is justified.
  2. The Claimant has raised arguable grounds which merit consideration at a full hearing.
  3. The claim has been expedited because it appears that he is not receiving the special education provision needed. The application for abridgment of time to file the Acknowledgment of Service and any Reply have been superseded by events, as both pleadings have been filed and served.
  4. The Defendant has not engaged substantively with the Claimant’s grounds in the hope and expectation that they can be resolved by an out of court settlement ahead of the new school year in September 2025. This makes it all the more important that the Defendant files full Detailed Grounds of Defence and any evidence relied upon. The standard 35 days for doing so should be sufficient time for the Defendant to set out the up to date position, in good time to enable the case to be prepared for hearing in October. Delay on the part of the Defendant will jeopardise the hearing date.