May 21, 2025

GS -v- London Borough of Enfield (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Case number: AC-2025-LON-001514

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

In the matter of an application for judicial review

20 May 2025

Before:

The Hon. Mrs Justice Cutts

Between:

The King
on the application of
GS
(Claimant, by way of his mother and litigation friend, CS)

-v-

London Borough of Enfield
(Defendant)

and

Iris Care Group
(Interested Party)

Order

On an application by the Claimant for urgent interim orders following consideration of the documents lodged by the Claimant

ORDER BY THE HON. MRS JUSTICE CUTTS

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 G.

(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.

(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.

Litigation Friend:

(a) The Claimant’s mother, Clare Elizabeth Stogden, is appointed to act as the Claimant’s litigation friend pursuant to CPR r 21.1(2) and r 21.2.

Application for interim relief:

(a) Application for interim relief in the form of a mandatory order that the Defendant must secure the SEP specified within sections F and I of the ECHP dated February 2024 and pay the fees owed to the Interested Party to be considered following the response from the Defendant directed at (4) below.

(b) This aspect of interim relief must be placed before a judge for consideration following receipt of the Acknowledgment of Service as soon as possible and within 7 days of 27 May 2025

Abridgement of time and expedition:

(a) The Defendant’s Acknowledgement of Service (CPR 54.8), (to include a response to the Claimant’s application for a mandatory order that the Defendant must secure the SEP specified within sections F and I of ECHP dated February 2024 and pay the fees owed to the Interested Party), must be filed and served by 4pm on date 27 May 2025.

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 3 June 2025

Adjournment of permission to a rolled up hearing:

(a) The application for permission to apply for judicial review is to be determined at a rolled up hearing listed in the week commencing 14 July 2025 with a time estimate of half a day, including submissions by the parties and an oral judgment by the judge. If the Claimant considers that more time should be allowed, the time estimate must be included with the reply.

(b) Within 21 days of the service of this Order, the Claimant must file and serve an electronic copy of the Permission Hearing Bundle, prepared in accordance with the guidance on the Administrative Court website and containing the following documents:

(i) the Claim Form, Statement of Facts and Grounds and evidence or other documents filed with the Claim Form;

(ii) any Acknowledgment of Service, Summary Grounds of Defence and any accompanying documents served by any Defendant and/or Interested Party;

(iii) any Reply or other document served by any party to the proceedings at the paper permission stage;

(iv) this Order;

(v) any other document the Court would be likely to consider material to its decision on permission to apply for judicial review.

(c) If the Claimant fails to comply with sub-paragraph (b), permission will be determined on the basis of the documents before the Court, unless at the hearing the Court otherwise directs.

(d) At least 7 days before the date listed for the hearing, the Claimant must file and serve:

(i) a skeleton argument, maximum 10 pages;

(ii) an electronic bundle containing any authorities which the Court needs to read at the hearing (the Authorities Bundle: see para. 22.1.2 of the Administrative Court Judicial Review Guide); and

(iii) if requested by the Court, a hard copy version of the Permission Hearing Bundle and Authorities Bundles.

(e) At least 7 days before the date listed for the hearing, any party other than the Claimant intending to participate in the hearing must file and serve any skeleton argument, maximum 10 pages.

(f) If a party fails to comply with sub-paragraph (b), (d) and/or (e), the Court may have regard to the failure when considering any question about costs at the hearing.

REASONS

(1) Anonymity: The Claimant is an adult with learning difficulties. It is in his interests that he will not be identified and that his particular vulnerabilities are not made publicly available. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph

(2) I am satisfied that the Claimant lacks capacity and that his mother should be appointed as his litigation friend.

(3) Abridgement of time/expedition: I am satisfied that there is a need for expedition in this case. The Claimant is a vulnerable adult with learning difficulties. There is a risk that he will be homeless if removed from his residential placement at Beechwood College due to the Defendant’s non- payment of fees. This would also leave him without special educational provision which it is said he requires to meet his complex special educational needs.

(4) The court should consider representations from the Defendant on the application for interim relief by way of a mandatory order that it should secure SEP specified in sections F and I of the ECHP dated February 2024 and pay the fees said to be owed to the Interested Party. This is required together with the Acknowledgment of Service in 7 days. It must be place before a judge for consideration within 7 days thereafter.

(5) Adjournment of permission and if granted a rolled up hearing: For the reasons stated at (3) above this case is urgent and requires urgent consideration.

Signed: MRS JUSTICE CUTTS
Date: 20/05/25