KML -v- Medway Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2026-LON-1879

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

In the matter of an application for judicial review

23 April 2026

Before:

The Hon. Mrs Justice Dias

Between:

The King
on the application of
KML
(a minor, by his litigation friend, LAK)

-v-

Medway Council

Order

On an application by the Claimant filed on 22 April 2026 for permission to apply for judicial review, interim relief and urgent consideration

Following consideration of the documents lodged by the Claimant

ORDER BY THE HON. MRS JUSTICE DIAS

  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 KML (A Minor) by his litigation friend LAK.

(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. Abridgement of time and expedition:

(a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 30 April 2026.

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 5 May 2026.

(c) The papers are to be referred to a judge or deputy judge within 7 days thereafter.

REASONS

(1) Anonymity: KML is a minor and is vulnerable with complex special educational needs and an EHCP. The claim relies on personal medical and other information in which KML has a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

(2) Abridgement of time/expedition: KML has apparently been out of education for around 10 weeks. The material filed on their behalf demonstrates that their family has been complaining about the lack of appropriate educational provision for KML for some years.

(3) The Defendant has admitted service failures in this regard by its letter dated 14 April 2026. It has not yet had a proper opportunity to respond to the claim and it would not be appropriate to grant the mandatory injunction sought by way of interim relief in the absence of submissions from the Defendant.

(4) Nonetheless, it is clearly important that the question of KML’s educational provision be decided as soon as possible and in all the circumstances it is appropriate to expedite the timescale for consideration of this claim.

(5) However, it is right to observe that judicial review is a remedy of last resort. It is clear that the essence of KML’s complaint is the decision of the Defendant (most recently embodied in its decision of 10 April 2026 following an Annual Review) that a mainstream placement remains appropriate for KML. This is a decision in respect of which there is a statutory right of appeal and on that basis the court may conclude on further consideration that it is not open to KML to challenge that decision by way of judicial review.

Signed: MRS JUSTICE DIAS

Date: 23 April 2026