FKM -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003592

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

In the matter of an application for judicial review

3 February 2025

Before:

Richard Clayton KC,
sitting as a Deputy High Court Judge

Between:

The King
on the application of
FKM
(Claimant)

-v-

Secretary of State for the Home Department
(Defendant)

and

The Salvation Army
(Interested Party)

Order

On an application by the Claimant for an anonymity order

AND UPON the Defendant having referred the Claimant to the Interested Party to conduct an assessment for the Claimant’s eligibility for re-entry into support under the Modern Slavery Victim Care Contract (MSVCC)

AND UPON the Interested Party having conducted that assessment on 5 November 2024

AND UPON the Defendant making a decision to approve the Claimant’s re-entry into MSVCC support on 6 November 2024

AND UPON the Claimant having been provided with safe house accommodation under MSVCC support on 7 November 2024
Following consideration of the documents lodged by the Claimant and the Defendant

ORDER BY Richard Clayton KC sitting as a Deputy High Court Judge

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or 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 FKM.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant 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 a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time;

(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. BY CONSENT, IT IS ORDERED THAT:

  1. The Claimant does have leave to withdraw the above-numbered claim for judicial review.
  2. The private law aspect of this claim i.e. the claim for damages for the alleged breach of the Claimant’s rights under Article 3 and Article 4 of the European Convention on Human Rights, be transferred to the Central London County Court.
  3. The liability for the costs of this matter to be determined by the Court following costs submissions by the parties on the following basis:
    i) The Claimant to file and serve costs submissions within 21 days of this Consent Order being sealed; and
    ii) The Defendant to file and serve costs submissions within 21 days of receiving the Claimant’s costs submissions; and
    iii) The Claimant to file and serve any reply within 7 days of receiving the Defendant’s cost submissions.

REASONS

(1) Anonymity: The Claimant alleges he is a victim of trafficking. There is evidence that naming the Claimant will increase the risk they would face. The claim relies on personal medical information in which the Claimant has a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

Signed: Richard Clayton KC
Date: 3rd February 2025