LS -v- London Borough of Merton (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON-003615

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

6 December 2023

Before:

The Honourable Mrs Justice Foster DBE

Between:

The King on the application of
LS (by his father and Litigation Friend)

-v-

London Borough of Merton

and

Prior’s Court School
(interested party)

Order

UPON very urgent consideration of the documents lodged by the Claimant
ORDER by the Honourable Mrs Justice Foster DBE

  1. On the very urgent application for
    a. These applications Interim Relief
    b. Permission to apply for judicial review
    are to be listed for hearing in court, on notice to the Defendant [and Interested Party], on 8 December 2023 with a time estimate of 2 hours.
  2. The Claimant must file and serve a Skeleton Argument by 2 pm on Thursday 7 December 2023
  3. The Defendant [and if so advised the Interested Party] must file and serve a Skeleton Argument by 09.00 on Friday 8 December 2023 of the hearing.
  4. Liberty on 12 hours’ notice in writing by email to the parties and to the Court to seek to vary this Order.
    AND UPON appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules
  5. The Claimant shall hereinafter be referred to in these proceedings as LS.
  6. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as ….
  7. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as …; and (b) that any reference to the names of the Claimant be deleted from those documents.
  8. Any person affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Observations

  1. This case involves the obligation to make provision over the holiday period in respect of a severely autistic boy aged 14 years. Regrettably it comes to court (at 2pm on 6 December 2023) on an emergency basis, the application indicating a requirement for a decision on or before 8 December 2023.
  2. It may be that the issue purely of Interim Relief may be decided on Friday 8 December but the Claimant should be ready to persuade the Court of the clear arguability of its claim that the Defendant local authority has entirely misapprehended the meaning and scope of a decision of the SEND Tribunal in LS’s favour, and consequently proposes inadequate provision to LS.
  3. The Claimant states that Prior’s Court School (added as Interested Party) and the provider in this case is a 52-week residential highly specialist school and needs to know by 08 December 2023, whether it should provide staff to support LS over the Christmas break. At the present moment although some proposals have been made by the Defendant they have not been firmed up, and the proposals are said by the Claimant not to match the provision made for LS in a decision letter of 9 November 2023.
  4. There is no sign of an anonymity order having been made, accordingly it is contained in this Order.