ETC -v- London Borough of Merton (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-004492

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

In the matter of an application for judicial review

16 December 2025

Before:

The Hon. Mr Justice Mould

Between:

The King
on the application of
ETC
(by her mother and litigation friend EUS)

-v-

London Borough of Merton

Order

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

Following consideration of the documents lodged by the Claimant and the Defendant’s letter to the court dated 15 December 2025

ORDER by the Hon. Mr Justice Mould:

  1. Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as “ETC”.

(iii) the Claimant’s mother is to be referred to orally and in writing as “EUS”.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant and/or the Claimant’s mother or of any matter likely to lead to the identification of the Claimant and/or the Claimant’s mother 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 Claimant and/or the Claimant’s mother;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant and/or the Claimant’s mother, 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.

  1. Timetable for submissions and paper decision on interim relief:

(a) The Defendant may file and serve any response to the application for interim relief by 4pm on Wednesday 17 December 2025.

(b) The Claimant may file and serve a reply to that response by 4pm on Thursday 18 December 2025.

(c) The papers are to be referred to a judge/judge or deputy judge for a decision whether to grant interim relief immediately thereafter. Suitable for listing as vacation business.

  1. Expedition:

(a) The papers are to be referred to a judge or deputy judge for a decision whether to grant permission to apply for judicial review during the week beginning Monday 12 January 2026.

  1. Costs: reserved

REASONS

Anonymity: The Claimant is a vulnerable young adult with a severe learning disability and chronic health conditions. She has a range of complex needs. There are proceedings in the Court of Protection. I am fully satisfied that this is a case in which it is necessary to order the limited derogations from the principle of open justice in paragraph 1.

Timetable for submissions and paper decision on interim relief: In the light of the Defendant’s letter of 15 December 2025, it appears that, effectively, the Defendant is willing to commit by agreement to the interim relief sought by the Claimant in paragraphs 1 and 2 of the draft order (page 58 of the claim bundle) – I have directed that the application for permission be placed before a judge for determination early in the Hilary Term 2026. The remaining issue at this early stage is whether the court should grant urgent interim relief in the terms of paragraph 3 of the draft order – provision for contingency care. I note, however, that the Defendant is to prepare and file a further update on the care package and care plan today (16 December 2025).

In these circumstances, it would not be appropriate for me to grant interim relief today. Instead, I have set a short timetable to enable the Defendant to confirm its position in respect of paragraphs 1 and 2 of the draft Order and to explain its position in respect of contingency care funding as per paragraph 3 of the draft order. It may be that the Defendant is in a position to offer appropriate undertakings reflecting its stated position in its letter of 15 December 2025 and any update that it provides today. The Claimant will have a short period to respond, following which the application will be referred back to a judge, if that should prove to be necessary. I would urge the parties to seek to reach agreement on interim arrangements for the next 3 months, if at all possible. A decision on permission and any further directions, in the light of the Defendant’s Acknowledgment of Service and any Reply, should have been made well within that period.

Signed: Mr Justice Mould
Dated: 16 December 2025