BSV -v- East Sussex County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-000761

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

7 March 2024

Before:

The Honourable Mr Justice Swift

Between:

The King on the application of
BSV

-v-

East Sussex County Council

Order

On an application by the Claimant for directions and expedition
Following consideration of the documents lodged by the Claimant and the Defendant

ORDER by the Honourable Mr Justice Swift

  1. The Claimant shall be referred to in these proceedings as “BSV”, and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or any particulars of the case likely to lead to the identification of the Claimant without the leave of the court. Any person has liberty on three days’ written notice to the parties to apply to vary or discharge this order.
  2. The Defendant shall, by 4pm on Thursday 14 March 2024 file and serve: (a) its Acknowledgment of Service and Summary Grounds of Defence; and (b) any evidence replied on in response to the claim.
  3. On Friday 15 March 2024 the papers in this case shall be referred to the judge of the Administrative Court allocated to consider immediate applications to consider what (if any) further directions should be given for the timely determination of this claim.

Reasons

  1. The Claimant’s claim concerns a decision (apparently taken in March 2023) to cease to maintain an Education Health and Care Plan (“EHCP”). It also appears that in December 2023, that decision was the subject of some form of proceedings before the First-tier Tribunal. The Claimant now seeks relief in the form of an order requiring the Defendant to “maintain” the EHCP until the end of the present academic year, and pursuant to that, to continue to support the Claimant’s attendance at St John’s College Brighton, which caters for people (such as the Claimant) who are autistic. The Claimant wants a final hearing of this claim by the end of this term.
  2. Since the history of this matter may not be entirely clear, before any decision on expedition of the proceedings is taken, the Court must know the position of the Defendant. If the Defendant files and serves its response to the claim in the time now required, that will be possible.