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

Administrative CourtHigh CourtAnonymity Order

Claim number: AC-2024-LON-002445

In the High Court of Justice
Administrative Court

25 July 2024

Before:

The Hon Mrs Justice Foster

Between:

The King on the application of
GH

-v-

Secretary of State for the Home Department

and

Secretary of State for Justice
(Interested party)

Order

UPON THE URGENT CONSIDERATION of the Claimant’s N463, Statement of Facts and Grounds, and supporting documentation

IT IS ORDERED THAT:

Anonymity

  1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the Claimant’s name, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymized and referred to as “GH”.

Interim relief

  1. The issue of Interim Relief and any further Directions in the judicial review is adjourned on notice to the Defendant and Interested Party to a hearing as soon as possible after Tuesday 13 August 2024 with a time estimate of 1 ½ hours.

Permission

  1. There be permission to apply for judicial review of the Public Order Disqualification decision dated 17 April 2024.

Directions

  1. The requirement for an Acknowledgement of Service in respect of the Interim Relief application is hereby dispensed with for the Defendant and for the Interested Party.
  2. The Defendant (and Interested Party if so advised) do file and serve a Statement of its Grounds of Defence in respect of the Interim Relief (i.e. the detention) issue and such evidence as it wishes to rely upon in respect of it by 4pm Tuesday 6 August 2024.
  3. The parties are to provide a written estimate within 24 hours of service of this Order if they disagree with the estimate at 2 above.
  4. The Claimant must file and serve a Skeleton Argument by 4pm Thursday 8 August 2024.
  5. The Defendant (and Interested Party if so advised) must file and serve a Skeleton Argument no later than 12 noon Monday 12 August 2024.
  6. A joint bundle of authorities is to be filed by 12 noon Monday 12 August 2024.
  7. Liberty to apply to vary or set aside this Order on 24 hours’ notice in writing by email to the Court and to the other parties.
  8. Costs reserved.

Observations

  1. It is arguable the POD decision of 17 April 2024 is outside the band of reasonable responses of the decision-maker given the factual foundation for the Reasonable Grounds decision, the evidence of addiction and the further mental health and personal materials. There appears to be an element of circularity to the Defendant’s reasoning. The Claimant is not limited by this analysis to advancing the full range of their arguments against the legality of the POD decision.
  2. It might be argued that the application was not prompt but given the difficulties experienced by the Claimant, this is not fatal – the challenge recognised the time pressure and requested an answer to its pre-action letters promptly but received none.
  3. The issue of detention remains acute, but release requires steps to be taken to find accommodation for the Claimant and this (among other things) appears to have stymied the grant of bail in principle made in March – many months ago. The Court will expect the Defendant (and Interested Party) to have undertaken/assisted with enquiries by the time of the hearing of the detention issue.
  4. The timescale in this Order recognises that the Defendant (and Interested Party) must arm themselves with information in order properly to assist the Court when the matter comes back before it, but it also reflects the real sense of urgency that must now be shown – unforeseen difficulties are accommodated by the liberty to apply, but the Court will be unwilling to see further delay.