M and S -v- London Borough of Hackney (order by consent)

High CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-002813

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

7 October 2024

Before:
The Honourable Mr Justice Ockelton

Between:
THE KING (on the application of M and S)
-v-
London Borough of Hackney

ORDER BY CONSENT

Before The Honourable Mr Justice Ockelton

UPON the Claimants’ application for permission to apply for judicial review dated 16 August 2024

AND UPON the Defendant agreeing to withdraw the child and family assessment and plan completed on 24 April 2024 and carry out a fresh assessment, and to carry out parent-carer assessments pursuant to section 17ZD Children Act 1989

AND UPON the Defendant acknowledging that following the completion of the assessments referred to at paragraphs 1 and 2 of this order, the decisions made by the care package panel on 30 April 2024 will need to be reconsidered (taking into account the contents of the assessments) and fresh decisions regarding care provision will be required

AND UPON the agreement of the parties  

IT IS ORDERED BY CONSENT THAT:

  1. The Defendant shall withdraw the child and family assessment and plan completed on 24 April 2024.
  2. The Defendant shall produce a lawful assessment and plan pursuant to section 17 of the Children Act 1989, the completed assessment and plan to be provided to the Claimants and their solicitors no later than 31 October 2024;
  3. The Defendant shall produce lawful parent-carer assessments in respect of both Claimants pursuant to section 17ZD of the Children Act 1989, the completed assessments to be provided to the Claimants and their solicitors no later than 2 November 2024;
  4. Pursuant to Rule 39.2(4) of the Civil Procedure Rules, the identity of the Claimants shall not be disclosed to any person who is not a party to these proceedings without permission of the Court. The Claimants shall be referred to as M and S in these proceedings. Nothing shall be published which may reveal the name or address of the Claimants, or any other details liable to lead to their identification;
  5. Pursuant to Rule 5.4C of the Civil Procedure Rules, 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 completely anonymised and all references which are capable of leading to the identification of the Claimants have been deleted or otherwise redacted from those documents;
  6. This application for judicial review shall be withdrawn.
  7. The Defendant shall pay the Claimants’ costs of this application for judicial review, to be assessed if not agreed.
  8. There shall be a detailed assessment of the Claimants’ legal aid costs.  
  9. The Defendant shall pay the Claimants’ solicitors the sum of £7,000 plus VAT within 14 days from the date of this Order (that is by 4 October 2024) as a payment on
    account pursuant to CPR 44.2(8).