C and V -v- Somerset County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case Nos: CO/3500/2022 / CO/3504/2022

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

29 September 2022

Before:

The Honourable Mrs Justice Collins Rice

Between:

The King on the application of
C and V (minors), by their litigation friend S

-v-

Somerset County Council

On an application by the Claimants for urgent consideration, directions and other relief made within their applications for Judicial Review dated 23rd September 2022

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mrs Justice Collins Rice

  1. The claims issued under the references CO/3500/2022 and CO/3504/2022 are joined, and to be considered together at all stages.
  2. Pursuant to CPR r.39.2, the identity of the Claimants shall not be directly or indirectly disclosed and these proceedings shall be known as indicated by this Order.
  3. The Defendant is to file and serve an acknowledgment of service and summary grounds of defence within 7 days of this Order.
  4. The papers are to be placed before a Judge as soon as possible thereafter for consideration of further directions.
  5. The parties have liberty to apply to vary or set aside this Order on giving at least 48 hours’ notice to the other parties.

Observations

The parties are minor siblings, each with complex SEN needs, who are said to have been out of education since 2018. They now issue Judicial Review proceedings to challenge the lawfulness of what they say is the Defendant’s failure to secure SEN provision for them in accordance with their EHCPs.

The fact that the Claimants’ situation is said to have been of considerable duration does not mean that the situation is not urgent. The Court would be assisted by understanding the Defendant’s position without further delay, and time for AoS is abridged accordingly.

The Claimants sought directions for an expedited rolled-up hearing. However, it seems preferable for forward directions to be considered in the round, once the Defendant’s position is known.