BTO -v- London Borough of Southwark (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-001654

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

In the matter of an application for judicial review

23 May 2025

The King
on the application of
BTO

-v-

London Borough of Southwark

Order

On the Claimant’s application for an anonymity order, urgent consideration, directions and interim relief;

Following consideration of the documents lodged by the Claimant;

Order by the Honourable Mrs Justice Lang DBE

  1. 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 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 “BTO”.
  2. Pursuant to section 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.
  3. 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 non- party may obtain a copy of any unredacted statement of case.
  4. The Defendant’s Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief, must be filed and served no more than 14 days after the date of service of the claim form and supporting documents.
  5. The Defendant must file and serve an indexed and paginated bundle of all relevant documents in its possession or control relating to the Claimant which are not already included in the Claimant’s bundle, no more than 14 days after the date of service of the claim form and supporting documents.
  6. Any Reply from the Claimant must be filed and served no more than 7 days after service of documents by the Defendant, pursuant to paragraphs 4 and 5 above.
  7. The papers are to be referred to a Judge for a decision whether to grant permission to apply for judicial review and grant interim relief, within 14 days thereafter.
  8. The claim is to be expedited.
  9. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
  10. Costs reserved.

Reasons

  1. I have granted an anonymity order as the Claimant is an asylum seeker. In the circumstances, a departure from the general principle of open justice is justified.
  2. This is a challenge to the Defendant’s age assessment, on 24 February 2025, which found that the Claimant was 20 years and 9 months old, with a date of birth of 12 May 2024. The Claimant contends that her date of birth is 12 May 2006 and that she was 17 years old when she arrived in the UK. If the Claimant’s account is accepted, she would be eligible for local authority care and support.
  3. The Claimant is currently in adult accommodation which is not suitable for someone of her putative age. Hence the need for abridgment of time and expedition.

Signed: Mrs Justice Lang
Dated: 23 May 2025