EBB -v- Gorse Academies Trust, and others (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case numbers: AC-2024-LDS-000204,
AC-2024-LDS-000205 and AC-2024-LDS-000222

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

3 April 2025

Before:

The Hon Mrs Justice Hill DBE

Between:

AC-2024-LDS-000204

THE KING on the application of
EBB (a child, by her mother and Litigation Friend ESU)

-v-

GORSE ACADEMIES TRUST

-and-

AC-2024-LDS-000205

THE KING on the application of
LAX (a child, by his mother and Litigation Friend SAN)

-v-

GORSE ACADEMIES TRUST

-and-

AC-2024-LDS-000222

THE KING on the application of
LUN (a child, by her father and Litigation Friend JNB) 

-v-

GORSE ACADEMIES TRUST

ORDER BY THE HON. MRS JUSTICE HILL DBE

  1. The names of the Claimants, their Litigation Friends and the persons referred to in the Confidential Schedule to this order are to be withheld from the public and must not be disclosed in any proceedings in open court.
  2. There is to be substituted for all purposes in these proceedings whether orally or in writing in place of references to
    a) the Claimant in AC-2024-LDS-000204 by name, references to the cipher “EBB” or the pseudonym “Elise”;
    b) the Litigation Friend in AC-2024-LDS-000204 by name, references to the cipher “ESU” or the pseudonym “Ms E”;
    c) the Claimant in AC-2024-LDS-000205 by name, references to the cipher “LAX” or the pseudonym “Luke”;
    d) the Litigation Friend in AC-2024-LDS-000205 by name, references to the cipher “SAN” or the pseudonym “Ms L”;
    e) the Claimant in AC-2024-LDS-000222 by name, references to the cipher “LUN” or the pseudonym “Lydia”;
    f) the Litigation Friend in AC-2024-LDS-000222 by name, references to the cipher “JNB” or the pseudonym “Mr J”;
    g) the child referred to at paragraph 1 of the Confidential Schedule to this order, references to the pseudonym “Julia”;
    h) the child referred to at paragraph 2 of the Confidential Schedule to this order, references to the pseudonym “Eliza”;
    i) the child referred to at paragraph 3 of the Confidential Schedule to this order, references to the pseudonym “Adam”; and
    j) the child referred to at paragraph 4 of the Confidential Schedule to this order, references to the pseudonym “Lina”.
  3. Pursuant to s.11 of the Contempt of Court Act 1981, s.11 and/or CPR 39.2(4) and, there must be no publication of the identities of the persons referred to in paragraph 2 of this order or of any matter likely to lead to their identification in any report of, or otherwise in connection with, these proceedings.
  4. Without further order of the Court, a non-party may not, pursuant to CPR 5.4C or otherwise, obtain from the Court file access to or copies of (a) the Confidential Schedule to the Statement of Facts and Grounds; (b) the Confidential Schedule to this order; or (c) any document filed with the Court which has not been anonymised in accordance with paragraph 2 of this order.
  5. The Court’s CE-file system shall be clearly marked with the words “An anonymity order was made in this case on 1 April 2025 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.”
  6. The parties and anyone else affected by any party of this order has liberty to apply.
  7. Any person wishing to apply to vary or discharge any of the restrictions on open justice contained in this order must make an application to the Court, served on each party, with at least 7 days’ given.
  8. The costs of obtaining this order shall be costs in the case.
  9. Pursuant to CPR 39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders 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

Reasons

  1. The claims involve three child Claimants and other children. It is widely recognised that children should be afforded anonymity in litigation: see, for example, the Children and Young Persons Act 1933, s.49 and the Children Act 1989, s.97(2).
  2. I have applied the approach set out in XXX v London Borough of Camden [2020] 4 WLR 165. Having considered the Article 8 rights of the children involved in these claims and the Article 10 right to freedom of expression, as well as the open justice principle, I am satisfied that (i) non-disclosure of the identity of the children, and the Claimants’ Litigation Friends (which would indirectly identify the Claimants), is strictly necessary in order to secure the proper administration of justice and protect the interests of the children; and (ii) there is insufficient countervailing public interest in disclosure of their identities to justify interfering with their Article 8 rights.