CRX and others -v- Rhondda Cynon TAF County Borough Council (anonymity order)

County CourtAnonymity Order

Claim Number: IK00NP639

In the County Court at
Newport

14 December 2023

Before:
District Judge Evans

Between:
CRX (By Their Litigation Friend, The Official Solicitor)
DRX (By Their Litigation Friend, The Official Solicitor)
DXR (By Their Litigation Friend, The Official Solicitor)
SWX (By Their Litigation Friend, The Official Solicitor)
ARX (By Their Litigation Friend, The Official Solicitor)
RRX (By Their Litigation Friend, The Official Solicitor)
-v-
Rhondda Cynon TAF County Borough Council

Anonymity Order

Before District Judge Evans sitting at the County Court at Newport – Gwent, The Concourse, Clarence House, Clarence Place, Newport, South Wales, NP19 ?AA

IT IS ORDERED THAT

UPON reading an application notice by the Claimants dated 06 December 2023 and:
(1) Consideration of the Article 3 rights of the Claimants to the prohibition of torture, the Article 6 right to a fair
trial, and the Article 8 right to respect for private and family life.
(2) It appearing that non-disclosureof the identity of the Claimants is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:

(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. The identities of the Claimants as parties to these proceedings is confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not bedisclosed in any report of these proceedings or other publication the name or address of the Claimants or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants in these proceedings. The Claimants shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto, and in all statements of case filed or served in the proceedings:
    (i) The First Claimant shall be referred to as “CRX”.
    (ii) The Second Claimant shall be referred to as “DRX”.
    (iii) The Third Claimant shall be referred to as “DXR”.
    (iv) The Fourth Claimant shall be referred to as “SWX”.
    (v) The Fifth Claimant shall be referred to as “ARX”.
    (vi) The Sixth Claimant shall be referred to as “RRX”.
    (vii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment, or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days• notice to the Claimants’ solicitor, the Official Solicitor as the Claimant’s litigation friend in these proceedings, the Claimants• trustee or deputy.
  5. The Claimants’ solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 21 days from date of this order, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on [insert the date of the Order] and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimants’ solicitor, trustee or deputy.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  9. Costs in the case.

Dated 14 December 2023