BXB -v- Dorset Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-001383

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

8 May 2025

Before:

Richard Kimblin KC

Between:

The King on the application of
BXB (a child, by his Litigation Friend, his mother)

-v-

Dorset Council

and

The Dorchester Learning Centre
(Interested party)

Order

On an application by the Claimant for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant

ORDER BY RICHARD KIMBLIN KC
(Sitting as a Deputy High Court Judge)

  1. Anonymity:
    (a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or 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 BXB.
    (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 a redacted copy of any statement of case 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;
    (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.
  2. Abridgement of time and directions:
    (a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on Wednesday 14th May 2025.
    (b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on Thursday 15th May 2025 4pm.
    (c) The papers are to be referred to a judge or deputy judge as soon as possible after 15th May 2025.
  3. Liberty to apply
    (a) The parties have liberty to apply on 24 hours notice to the other party

Reasons

(1) Anonymity: The Claimant is a child of six years of age. For that reason it is appropriate that he be anonymised in these proceedings and there are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
(2) Litigation Friend: The claim is brough by the Claimant’s mother. It is appropriate that she be shown as his litigation friend. I have not named her nor given her a separate cipher.
(3) Abridgement of time/directions: The N463 show the date on which it was first appreciated that an urgent application was necessary at 1st April 2025. There has been protocol correspondence. The urgent application was made on 2nd May 2025. BXB’s placement ends on 16th May 2025. Taking the main elements of this timeline in the round, and accepting the urgency of resolving the dispute as to BXB’s continued education, I have abridged time so that a judge may have a full picture of the parties’ respective positions. That will be the appropriate stage at which to decide how the case should be managed further as to both permission and interim relief.
(4) Liberty to apply: I do not have any response from the Defendant save for protocol replies. I have therefore given the parties liberty to apply.