CAT -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-BHM-000235

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

In the matter of an application for judicial review

19 August 2025

Before:

HHJ Emma Kelly

Between:

The King
on the application of
CAT
(Claimant)

-v-

Secretary of State for the Home Department
(Defendant)

and

Staffordshire County Council
(Interested Party)

Order

On an application by the Claimant, dated 22 July 2025, for an anonymity order and interim relief

And on an application by the Defendant, dated 15 August 2025, for an extension of time to file and serve an Acknowledgment of Service

Following consideration of the documents lodged by the Claimant, the certificates of service, the application notices, and the Claimant’s letter opposing the Defendant’s application

ORDER BY HER HONOUR JUDGE EMMA KELLY

  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 CAT.

(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.

  1. Extension of time:

(a) The Defendant’s application for an extension of time is granted to the extent that the time for the Defendant to file and serve an Acknowledgement of Service is extended to 4pm on 1 September 2025.

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 8 September 2025.

(c) The papers are to be referred to a judge or deputy judge as soon as possible thereafter.

  1. Interim relief:

    The Claimant’s application for interim relief shall be considered alongside the determination of permission to apply for judicial review.

REASONS

(1) Anonymity: The Claimant is an asylum seeker. On his case he was a child on arrival in the UK seeking international protection and is now aged 18. The claim relies on personal information, including medical information, in which the Claimant has a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

(2) Extension of time: The certificate of service gives a date of service on the Defendant of 28 July 2025. The Acknowledgement of Service was due to be filed not more than 21 days after service of the claim, namely by 18 August 2025. The Defendant’s application was made before the time for filing expired. The Court has balanced the benefits of having the Defendant’s input on matters relevant to permission and interim relief with the desirability of timely progression of the claim, particularly the need to determine the interim relief application bearing in mind the Claimant’s current accommodation. It is recognised that the claim was served in peak holiday season and that is likely to have caused difficulties in obtaining specialist counsel with capacity to undertake the necessary work. The Court notes the objections raised by the Claimant and his allegation that the Defendant’s application lack of particularly. However, the reality of the position is that the Defendant does not have counsel who can prepare the required documentation within the existing timetable. The Court’s decision making on the permission and interim relief risk being impaired without input from the Defendant. It is not however clear from the Defendant’s application why as long as a further 21 days is required; that doubles the time permitted under CPR 54.8(2)(a). The interests of justice are served by allowing a more modest extension of time, requiring the Acknowledgement of Service to be filed and served by the same date (thus eliminating any delay otherwise occasioned by staggered filing and serving under CPR 54.8(2)(b)), and directing referral to a judge as soon as possible after the Reply.

(3) Interim Relief: The interim relief application is sensibly made on an non-urgent basis. The merits of the interim relief application are best determined alongside permission, informed by the Claimant’s documents and the Defendant’s Acknowledgement of Service and Summary Grounds.

Signed: HHJ Emma Kelly
Date: 19 August 2025