DK -v- Secretary of State for the Home Department and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2023-LON-002487

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

25 August 2023

Before:

The Honourable Mr Justice Bourne

Between:

The King on the application of
DK

-v-

Secretary of State for the Home Department

Kirklees Council


Order

Anonymity

  1. Until further order:
    a. There be substituted for all purposes in this claim, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters “DK”.
    b. The Court file is to be retained by the Court and marked ‘Anonymised’. Pursuant to CPR 5.4C, a person who is not a party to these proceedings may obtain a copy of pleadings, a Judgment or Order from the Court records only if the pleadings, Judgment or Order has been anonymised such that the Claimant is referred to as DK in those documents and his address has been removed.
    c. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, disclosure of the Claimant’s name or address is prohibited.

Directions

  1. The Defendant shall file and serve her response to this application for interim relief by 4pm on 30 August 2023.
  2. The Defendant’s response shall include disclosure of the following documents:
    a. Copies of any documents provided by the Defendant to her accommodation providers regarding the Claimant and his needs from July 2023 onwards.
    b. All correspondence and contact logs regarding the Claimant between SSHD and her accommodation providers from July 2023 onwards.
    c. GCID notes on the Claimant from April 2023 onwards.
    d. All correspondence between SSHD and Kirklees Social Services regarding the Claimant.
    e. All correspondence between SSHD and the police regarding the Claimant’s accommodation since July 2023
  3. The application for interim relief (and anonymity) shall be listed on 5 September for an inter partes hearing before a High Court Judge with a time estimate of 1.5 hours.
  4. Costs reserved.
  5. The Defendant may apply to vary or set aside this order on one day’s written notice to the Claimant’s solicitors.

Reasons

  1. It appears appropriate to make these directions for interim relief to be properly explored as soon as possible, though that is subject to any application to vary.
  2. On balance and taking a risk-averse view, anonymity appears necessary but that question too can be revisited at the hearing.