ECC and another -v- The Governing Board of Wilmington Grammar School for Girls and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-004270

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

28 November 2025

Before:

The Honourable Mr Justice Calver

Between:

ECC

ECS

-v-

The Governing Board of Wilmington Grammar School for Girls

Endeavour Multi-Academy Trust

and

Kent County Council
(Interested party)

Order

On an application by the Claimant for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant

ORDER BY THE HONOURABLE MR JUSTICE CALVER

  1. Anonymity:
    a. Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:
    i. the Claimants’ names, and the name of their child (“the child”) who is a pupil at Wilmington Grammar School are to be withheld from the public and must not be disclosed in any proceedings in public; and
    ii. the First Claimant is to be referred to orally and in writing as ECC.
    iii. The Second Claimant is to be referred to orally and in writing as ECS.
    iv. the Claimants’ child is to be referred to orally and in writing as ECL
    b. Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimants or ECL or of any matter likely to lead to the identification of them in any report of, or otherwise in connection with, these proceedings.
    c. Pursuant to CPR 5.4C(4):
    i. the parties must within 7 days 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 Claimants or ECL;
    ii. if any statement of case subsequently filed includes information likely to lead to the identification of the Claimants or ECL, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;
    iii. unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.
    d. Any person wishing to vary or discharge this Order must make an application, served on each party.
  2. The Defendants and the Interested Party shall not remove ECL from the school roll of Wilmington Grammar School for Girls pending the determination of the Claimants’ application for Judicial Review or further order of the court.
  3. In so far as the Defendants have already done so, they shall immediately restore ECL to the school roll pending the determination of this application for Judicial Review or further order of the court.
  4. Liberty is granted to the Defendants and/or the Interested Party to apply to vary or discharge this order on 48 hours’ notice to the Claimants.
  5. Costs reserved.

Reasons

  1. The Claimants have, at this stage (and before the Defendants have had an opportunity to respond to the claim), advanced an arguable case that the removal of ECL from the school roll is unlawful, particularly in respect of the allegation that the Claimants were not afforded an opportunity to make representations before the decision that ECL should be removed was taken (if ECL has already been removed from the school roll I consider that, on the Claimants’ case, a strong arguable case for restoration to the roll has been established).
  2. In view of the potential damage to her education if she is removed from the roll, damages would plainly not be an adequate remedy for the Claimants/ECL and this application is clearly urgent.
  3. I consider that the balance of convenience in this case clearly favours the making of the order sought coupled with granting the Defendant liberty to bring the matter back before the court as a matter of urgency upon 48
    hours’ notice should it have good grounds to apply to discharge or vary this order despite the foregoing.