July 29, 2026

HCN (2) -v- Secretary of State for the Home Department (anonymity order)

Administrative Court High Court King's Bench Division Anonymity Order

Case number: AC-2026-LON-003489

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

In the matter of an application for judicial review

28 July 2026

Before:

The Hon. Mr Justice Kimblin

Between:

The King
on the application of
HCN (2)
(Claimant)

-v-

Secretary of State for the Home Department
(Defendant)

Order

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

Following consideration of the documents lodged by the Claimant

ORDER by the Hon. Mr Justice Kimblin

Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant s. 2(1)(db) Sexual Offences (Amendment) Act 1992:

(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 HCN. The case will be referred to as HCN (2).

(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 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.

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 midday on 30 July 2026.

(b) The papers are to be referred to a judge immediately thereafter

Costs: costs reserved

REASONS

Anonymity:

(1) Regrettably, this is HCN’s second judicial review. Claim AC-2026-Lon-001126 co- incidentally came before me in March. A detailed account of the case was given by Catherine McGahey KC in her Order dated 2nd April 2026 in which she required the Defendant to provide accommodation to the Claimant and the Claimant’s dog, Roxy.

(2) The Claimant is acknowledged to have suffered human trafficking. There is a conclusive grounds decision to that effect. To assist him in recovery from that experience, he has now been accommodated in Leeds. Roxy is essential support to him in his recovery.

(3) In my March order, I made provision for anonymity as a result of which that case is know as HCN. This case should be known as HCN (2). The Claimant is entitled to anonymity by reason of s. 2(1)(db) Sexual Offences (Amendment) Act 1992 and I have made an order accordingly.

Interim relief:

(4) The issue in this case is the lawfulness or otherwise of a decision of the Single Competent Authority (‘SCA’), for the Secretary of State, to cease financial support for the Claimant. As I have indicated, the Claimant is a victim of modern slavery. In consequence the Claimant falls to be considered for financial support at the ‘essential living rate’, or ELR.

(5) The Claimant’s solicitor has been engaging with the Secretary of State on the ELR, and also seeking to reach a negotiated solution to accommodation issue which arose in HCN (1).

(6) A new Recovery Needs Assessment was made on 26th June 2026. The Secretary of State considered that there was evidence of the Claimant’s employment such that his essential needs were met. The Claimant challenges the lawfulness of this decision on three related grounds: (1) a failure to follow the relevant guidance; (2) the decision was irrational; (3) inadequate reasons.

(7) The first ground is pursued most strongly in the Statement of Facts and Grounds. The main point is that the guidance requires the SCA to decide whether the Claimant has sufficient income. The complaint is that the SCA assessed whether the Claimant’s income was sufficient. The SCA’s assessment did not grapple with the evidence that the current situation faced by the Claimant was essentially that he was without any funds at all and that he did not have employment.

(8) It seems to me that there is a serious issue to be tried.

(9) However, the chronology shows that the parties have been corresponding since the spring. I am not convinced that the situation is so urgent that I should make an order now, without response from the Secretary of State. However, any response would have to be made very quickly. At that point, and in the light of that response, an assessment of the balance of convenience can properly be made.

(10) I have therefore made provision for a response. At that point, the application for interim relief can be decided.

Signed: Mr Justice Kimblin
Dated: 28th July 2026