KXR -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-001053
In the High Court of Justice
King’s Bench Division
Administrative Court
15 April 2024
Before:
Mr Jonathan Glasson KC sitting as a Deputy Judge of the High Court
Between:
The King on the application of
KXR
-v-
Secretary of State for the Home Department
Order
On an application by the Claimant for expedition, interim relief, permission and for anonymity
Following consideration of the documents lodged by the Claimant.
ORDER by Mr Jonathan Glasson KC sitting as a Deputy Judge of the High Court
1. The application for anonymity is granted.
2. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant or of her children nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “KXR”. Her children shall be known as “ER” and “LR” respectively.
3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant and her children in accordance with paragraph 1 above.
4. Liberty to apply to vary these anonymity provisions on 48 hours’ notice to the parties.
5. The claim is otherwise stayed, and the parties are to inform the Court by 4pm Friday 10 May 2024 whether or not settlement has been agreed and, if so, to provide the Court with a draft consent order for approval.
Reasons
1. The Claimant is an asylum seeker and her claim for asylum and human right protection is yet to be determined. Asylum seekers are provided with anonymity during those proceedings. The claim involves minor children affected by the underlying decision and conduct and in respect of whom there have been family court proceedings. The order I have made is consistent with the Family Court Order dated 14 December 2023 which provides that the names of the family and the children are not to be disclosed in public without the Court’s permission. I am satisfied that there is no pressing public interest weighing against anonymisation. Accordingly, I made the anonymity order requested with a provision for an application for it to be varied on notice.
2. In the judicial review the Claimant is seeking dispersal to an area close to her daughter. On 10 April 2024 the Court was made aware that an offer of accommodation had been made by the Defendant. I therefore made a direction on 11 April 2024 that the Claimant should inform the Court whether or not the claim for interim relief was maintained. On 12 April 2024 the Claimant’s solicitor informed the Court by email that “the Claimant has accepted the offer of the [name of the town] accommodation and so the application for interim relief is no longer maintained. The Claimant and Defendant are in the course of negotiating settlement and will revert to the Court in due course.”
3. I consider that in these circumstances a stay should be imposed with a direction for the parties to inform the Court within 4 weeks whether settlement has been agreed.