KGS and KWD -v- Secretary of State for Health and Social Care (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON -002506

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

In the matter of an application for judicial review

24 April 2026

Before:

The Hon. Mrs Justice Lieven

Between:

The King
on the application of
(1) KGS
(by her mother and litigation friend)
(2) KWD
(by her father and litigation friend)
(Claimants)

-v-

Secretary of State for Health and Social Care
(Defendant)

Order

Notification of Judge’s Decision (CPR 54.11, 54.12)

Following consideration of the documents filed by the Claimant, the Defendant’s Acknowledgment of Service and Summary Grounds of Defence and the Claimant’s Reply.

ORDER BY THE HON. MRS JUSTICE LIEVEN

  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 KGS and KWD.

(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.

  1. Permission to apply for judicial review: Permission is granted on all grounds.
  2. Case Management Directions:

(a) The Defendant must, within 35 days of the date of service of this Order, file and serve (i) Detailed Grounds for contesting the claim or supporting it on additional grounds and (ii) any written evidence to be relied on.

(b) The Defendant may comply with sub-paragraph (a)(i) above by filing and serving a document which states that its Summary Grounds are to stand as the Detailed Grounds required by CPR 54.14.

(c) Any application by the Claimant to serve evidence in reply must be filed and served, together with a copy of that evidence, within 21 days of the date on which the Defendant serves evidence pursuant to (a) above.

(d) The parties must agree the contents of the hearing bundle. An electronic version of the bundle must be prepared and lodged, in accordance with the Administrative Court Judicial Review Guide Chapter 21 and the Guidance on the Administrative Court website, not less than 28 days before the date of the substantive hearing. The parties must, if requested by the Court, lodge 2 hard- copy versions of the hearing bundle.

(e) The Claimant must file and serve a Skeleton Argument (maximum 25 pages), complying with CPR 54 PD para. 15 and the Administrative Court Judicial Review Guide paras 20.1 to 20.3, not less than 21 days before the date of the substantive hearing.

(f) The Defendant must file and serve a Skeleton Argument (maximum 25 pages), complying with CPR 54 PD para. 15 and the Administrative Court Judicial Review Guide paras 20.1 to 20.3, not less than 14 days before the date of the substantive hearing.

(g) The parties must agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle must be prepared in accordance with the Guidance on the Administrative Court website. The parties must, if requested by the Court, prepare a hard-copy version of the authority’s bundle. The electronic version of the bundle and if requested, the hard copy version of the bundle, must be lodged with the Court not less than 7 days before the date of the substantive hearing.

(h) The time estimate for the substantive hearing is 1 day. If either party considers that this time estimate should be varied, they must inform the court as soon as possible.

OBSERVATIONS AND REASONS

(1) This application is made on behalf of two children and so it is appropriate that an anonymity clause is put in place.

(2) This is an application for a declaration of incompatibility pursuant to the Human Rights Act 1998 that the Downs Syndrome Act 2022 is incompatible with Article 14 read together with Articles 8 and Article 2 of the First Protocol.

(3) This is an ab ante challenge, and therefore the test is a high one. However, the Defendant’s defence is somewhat difficult to follow. It appears to be being argued that the Act achieves no benefit for those with Downs Syndrome over and above people with other comparable genetic conditions, such as the Claimant. If this is correct then it is not obvious what the purpose of the Act is.

(4) There may be complex issues as to what Parliamentary material the Claimant is entitled to rely upon, as well as the test for such ab ante challenges. However, in my view these are not issues for the permission stage. At this stage there is an Act which it is at least arguable puts those with Downs Syndrome in a preferential position to those who are, arguably, in an analogous situation. Therefore, the claim is arguable.  

Signed: MRS JUSTICE LIEVEN
Date: 24 APRIL 2026