GW -v- Dudley Metropolitan Borough Council (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-BHM-000247

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

In the matter of an application for judicial review

11 October 2024

Before:

His Honour Judge Rawlings

Between:

GW
(by his mother and Litigation Friend, RM)

-v-

Dudley Metropolitan Borough Council

Anonymity order

On an application by the Claimant for urgent consideration and anonymity

Following consideration of the documents lodged by the Claimant

ORDER by His Honour Judge Rawlings:

  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 “GW”.

    (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 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;

    (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 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. Abridgement of time and expedition:

    (a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on date 17 October 2024.

    (b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 24 October 2024.

    (c) The papers are to be referred to a judge for a decision whether to grant permission to apply for judicial review as soon as possible thereafter.

    REASONS

    Anonymity: The Claimant is a child and the balance of lies with protecting the identity of the Claimant from being disclosed. There are accordingly compelling reasons for the limited derogations from the principle of open justice

    Expedition: The decision under challenge denies the Claimant, a child, welfare support which it is accepted is likely to have a significant detrimental effect upon the Claimant’s health and wellbeing. Those factors mean that it is appropriate to provide for reasonable expedition of a decision upon permission. If permission is given, the judge giving permission can consider whether to expedite the substantive hearing.

    Signed: HHJ Rawlings

    Date: 11 October 2024