CLP -v- Hampshire County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-003100

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

In the matter of an application for judicial review

19 September 2025

Before:

The Honourable Mrs Justice Lang DBE

Between:

CLP
(a child by their Litigation Friend CLJ)
(Claimant)

-v-

Hampshire County Council
(Defendant)

Order

On the Claimant’s application for an anonymity order, urgent consideration, directions and interim relief;

Following consideration of the documents lodged by the Claimant;

Order by the Honourable Mrs Justice Lang DBE

  1. Under the Court’s inherent jurisdiction and pursuant to section 6 of the Human Rights Act 1998 and CPR 39.2(4):
    (a) The name of the Claimant and the litigation friend is to be withheld from the public and must not be disclosed in any proceedings in public.
    (b) The Claimant is to be referred to orally and in writing as “CLP”.
    (c) The litigation friend is to be referred to orally and in writing as “CLJ”.
  2. Pursuant to section 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant and the litigation friend or of any matter likely to lead to the identification of the Claimant and the litigation friend in any report of, or otherwise in connection with, these proceedings.
  3. Pursuant to CPR 5.4C:
    (a) Within 7 days of the date of service of this order, the parties must 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;
    (b) 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;
    (c) Unless the Court grants permission under CPR 5.4C(6), no non- party may obtain a copy of any unredacted statement of case.
  4. The Defendant’s Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief, must be filed and served no more than 14 days after the date of service of the claim form and supporting documents.
  5. The Defendant must file and serve an indexed and paginated bundle of all relevant documents in its possession or control relating to the Claimant which are not already included in the Claimant’s bundle, no more than 14 days after the date of service of the claim form and supporting documents.
  6. Any Reply from the Claimant must be filed and served no more than 7 days after service of documents by the Defendant, pursuant to paragraphs 4 and 5 above.
  7. The claim is to be expedited.
  8. The application for permission to apply for judicial review and interim relief is to be listed for a hearing to be fixed in mid-October 2025, having regard to the availability of counsel. Time estimate: 1 day.
  9. The Claimant shall file and serve a skeleton argument no more than 14 days before the hearing.
  10. The Defendant shall file and serve a skeleton argument no more than 7 days before the hearing.
  11. The Claimant must file and serve an agreed authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.
  12. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
  13. Costs reserved.

Reasons

  1. The Claimant is an unaccompanied putative child from Somalia. He claims that his date of birth is 21 October 2008 and that he is aged 16. He travelled to the UK by boat from France and arrived on or about 21 June 2024. The initial Home Office assessment concluded he was aged 22 but the Defendant’s assessment was that he was a child at risk. He was accommodated with a foster family. In June 2025, following an age assessment, the Defendant concluded that he was an adult and assigned him with a date of birth of 21 October 2001 (seven years older than his claimed age). He has been moved to a hotel housing adults.
  2. The Claimant challenges the age assessment on the basis that it was factually wrong, and that it was unlawful, unfair and irrational.
  3. The Claimant has applied for interim relief in the following terms: that the Defendant provide the Claimant with suitable accommodation and support as a child of his claimed age, pursuant to its duties under the Children Act 1982, pending the determination of the proceedings or until final order. The Claimant invites the Court to grant interim relief on the papers; alternatively at an oral hearing.
  4. I do not consider that it is appropriate to grant interim relief on the papers without hearing from the Defendant because of the complexity of the issues, which are likely to be heavily contested.
  5. An application for interim relief necessarily involves an examination of the merits of the claim as the Claimant must demonstrate that there is a serious question to be tried i.e. whether there is a real prospect of the claim succeeding at the substantive hearing. Therefore the oral hearing should be listed for a permission application as well as an application for interim relief.
  6. I have granted expedition and made directions accordingly.
  7. I have granted an anonymity order. The Claimant is a putative child and an asylum seeker who claims to be at risk. In the circumstances, a departure from the general principle of open justice is justified.

Signed: Mrs Justice Lang
Dated: 19 September 2025