Claim number: CO/2193/2023
In the High Court of Justice
King’s Bench Division
30 June 2023
David Pittaway KC sitting as a Deputy High Court Judge
The King on the application of
Secretary of State for the Home Department
On an application by the Claimant for interim relief dated 14 June 2023
Following consideration of the documents lodged by the Claimant
ORDER by DAVID PITTAWAY KC Sitting as a Deputy High Court Judge
- Pursuant to CPR 39.2(4) an anonymity order is made substituting the initials KKK for the Claimant’s name.
- The Defendant shall be served with the application for permission for judicial review and interim relief on or before 4pm on 4 July 2023.
- The application for interim relief shall be listed for an oral hearing to be heard on the first open date after 10 July 2023 on notice to the Defendant. Time estimate 1 hour.
- The Defendant shall file a response to the application no later than 24 hours before the hearing date.
- The Claimant has been living in her current accommodation since June 2022. The accommodation is a women-only shared house. In the house there are three other women and their six children (including a baby). She occupies a room on the ground floor and her own bathroom at the end of the kitchen. She is currently spending much of her time in a friend’s room in another property.
- She maintains that her current accommodation is unsuitable for her complex medical needs and she has made an application for judicial review and interim relief for urgent removal to adequate accommodation.
- She seeks non-hotel, non-shared, self-contained accommodation in or within 45 minutes’ travel of the Colindale area of London, and liaison by the Defendant to liaise with the relevant local authority to facilitate the Claimant’s access to social care services after being moved to the accommodation referred to above.
- Although the Defendant has responded to the Pre-Action Protocol, as I understand it, there has been no response from the Defendant to the Claimant’s email of 28 June 2023, a copy of which I have not seen, in which a response was required by 30 June 2023.
- In my view, it would be inappropriate for me to make an interim order on the basis of the information available to me without notice being given or an opportunity for a response from the Defendant. The sensible solution is to direct an urgent hearing on notice to the Defendant, which I have done.
- I have made an anonymity order as requested.