CHW -v- London Borough of Waltham Forest (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-002811

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

In the matter of an application for judicial review

22 August 2025

Before:

Mr Justice Mould

Between:

The King
on the application of
CWH

-v-

London Borough of Waltham Forest

Order

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

Following consideration of the documents lodged by the Claimant

ORDER by the Hon. Mr Justice Mould:

  1. Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to 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 “CHW”.

(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 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;

(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 and must then be served with the unredacted version;

(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. Mandatory injunction:

(a) By no later than 4pm on Saturday 23 August 2025 the Defendant must provide the Claimant and her children with suitable alternative interim accommodation in the discharge of the Defendant’s duty under section 188(1) of the Housing Act 1996..

(b) The Defendant may apply to vary or discharge paragraph 2(a) above, any such application to be served on each party.

  1. Costs reserved.

REASONS

Anonymity: The evidence before the court establishes that the Claimant’s current circumstances make her highly vulnerable and merit the protection of anonymity in these proceedings. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

Mandatory injunction: It appears from the recent email correspondence that the Defendant accepts that it is under a duty to provide the Claimant and her children with suitable alternative accommodation on an interim basis under section 188(1) of the Housing Act 1996. In emails of 18 August 2025, the Defendant’s stated position was that it accepted that the Claimant was the victim of domestic abuse and was in the process of sourcing alternative accommodation for her and her children. However, the Claimant’s solicitors do not appear to have received satisfactory responses to later emails seeking an update from the Defendant.

Notwithstanding that the Claimant’s husband has been released on bail subject to the condition that he does not approach the Claimant’s current address in Telford, it seems to me that the Claimant must be taken to remain at a real risk of further violent abuse and the situation is one of urgency. In these circumstances, I am satisfied that this application is justified on the basis of a prima facie case that the Defendant has not properly discharged its housing duty under section 188(1) of the 1996 Act with the degree of expedition that this case demands.

Signed: Mr Justice Mould
Dated: 22 August 2025