Claim number: AC-2023-LON-002583
In the High Court of Justice
King’s Bench Division
5 September 2023
The Honourable Mr Justice Martin Spencer
Layton Primary School
Secretary of State for Education
UPON READING the claim form (N461), the application for urgent consideration (N463), the Claimant’s Grounds, and the documents filed by the Claimant
AND UPON consideration of the First and Second Parties’ Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression
AND UPON IT APPEARING that non-disclosure of the identity of the First and Second Interested Parties and their son is necessary in order to protect their interests
AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and Section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules
IT IS ORDERED THAT:
- The identity of the First and Second Interested Parties and their son shall not be disclosed to any non-party. The First and Second Interested Parties shall be referred to as ‘ABC’ and ‘DEF’ respectively, their son shall be referred to as ‘G’.
- The EHC Plan issued by the Defendant in respect of G on 7 June 2023 shall have no effect insofar as it names the Claimant school in Section I until the determination of the Claimant’s application for Judicial Review or further Order.
- The Defendant shall, unless it makes an application pursuant to paragraph 5 of this Order, forthwith amend the said EHC Plan so as to provide for dual registration with Christ the King Academy (or such other suitable school) being nominated in addition to the Claimant school whereby there is provision for G’s schooling despite the effect of paragraph 2 of this Order.
- The Defendant is directed to file and serve its Acknowledgement of Service and Summary Grounds of Defence and a response to the application for interim relief within 10 days following the date of this order and, following their receipt, the papers shall be referred to a judge to consider the permission application and whether it is appropriate to maintain the current interim relief order on an urgent basis.
- Either party has liberty to apply to vary or discharge this order, on 24 hours’ notice to the other side’s solicitors
- Costs reserved.