Case number: CO/2700/2023
In the High Court of Justice
King’s Bench Division
11 August 2023
David Pittaway KC sitting as a Deputy High Court Judge
The King on the application of
Secretary of State for the Home Department
London Borough of Redbridge (interested party)
On an application by the Claimant for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by DAVID PITTAWAY KC Sitting as a Deputy High Court Judge
- The Claimant’s application for an anonymity order is granted under CPR r 39.2(4) and/or the general case management powers in CPR r. 3.1(2). The Claimant in this action shall have anonymity until further order. No report or publication of these proceedings shall directly or indirectly identify the Claimant. Pursuant to CPR r.5.4(c), a person not a party to the proceedings may obtain a copy of the statement of case, judgment or order of the court records, only if the statement of case, judgment or order from the court has been anonymised. In the case title, the Claimant’s name shall be replaced by the initials ‘DXS’. Failure to comply with this direction could lead to contempt of Court proceedings.
- The ground of challenge is unreasonable delay in deciding C’s s.95 application.
- By an application notice filed on 19/07/2023 C sought an order that D provide a response to his application for interim relief by 4pm on 25/07/2023 and (2) his application for interim relief be listed for a hearing on 31/07/202. No substantive response was received save a letter from the Defendant dated 31/07/2023 stating that C was not an asylum seeker and not eligible for s95 relief, which is disputed by C.
- C has serious mental health issues and has been sectioned on multiple occasions under the Mental Health Act 1983. It is submitted that C is currently accommodated in Milton Keynes in inadequate emergency accommodation under s98 of the 1999 Act. He seeks immediate transfer to accommodation in or near the London Borough of Redbridge where he can continue to receive support from his network there. D was notified of the need for accommodation in the London Borough of Redbridge on 23/06/2023. Despite this, the C was still moved to Milton Keynes on 26/06/2023.
- I am not, however, prepared to consider granting the interim relief sought without giving the other parties a further opportunity to set out any grounds in opposition to the relief sought and for D explain why C is not an asylum seeker entitled to s95 relief.