CDT -v- Derby City Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

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

4 March 2025

Before:

His Honour Judge Rawlings

Between:

The King on the application of
CDT (by their litigation friend, CYR)

-v-

Derby City Council

Order

On an application by the Claimant for an anonymity order and expedition of the claim

Following consideration of the documents lodged by the Claimant

ORDER BY HIS HONOR JUDGE RAWLINGS

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 CDT and their litigation friend as CYR.

    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 expedition:

    a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 18 March 2025.

    b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 25 March 2025.

    c) The papers are to be referred to a judge within 7 days thereafter.

    Reasons

    1. Anonymity:

    The Claimant is a vulnerable child. The need to protect the Claimant from the possible consequences of their name being publicised is a compelling reason for this limited derogation from the principle of open justice.

    2. Abridgement of time/expedition:

    The Claim concerns the special educational needs of a child who it appears at present and for some considerable time has not been receiving any educational provision, in spite of the Defendant having a statutory duty to secure such provision. Speed is of the essence in relation to the securing of suitable provision, justifying the expedition of the claim to the permission stage.