CO Ref: CO/27/2023
In the High Court of Justice
King’s Bench Division
6 January 2023
In the matter of an application for Judicial Review
Hi Honour Judge Jarman KC
The King on the application of M (by litigation friend V)
Devon County Council
Application for urgent consideration of permission to apply for Judicial Review and for anonymity orders
NOTIFICATION of the Judge’s decision (CPR Part 54.11, 54.12)
Following consideration of the documents lodged by the Claimant
Order by His Honour Judge Jarman KC sitting as a judge of the High Court
- The application for permission is to be resubmitted as soon as possible after the filing of the acknowledgment of service.
- Pursuant to CPR 39.2, neither the identity of the claimant nor of the litigation friend shall be disclosed directly or indirectly and the case shall be known and listed as R (M by litigation friend V) v Devon County Council.
- 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 and litigation friend are referred to in those documents only by the letters “M” and “V” respectively; and (b) any reference to their names have been deleted from those documents.
- Any case involving the education of a young pupil with particular needs should be dealt with expeditiously. However, the timescale of 7 days given by the claimant’s solicitors for the defendant as local education authority to authorise a budget for the implementation of the care plan might be seen to be unrealistic. The defendant has made clear that it is aware of its statutory duty and is doing its utmost to comply.
- The defendant has also indicated that the budget cannot be approved until school options have been considered and has indicated that it is hoped that an update can be given on 13 January 2023. That will be some 9 days after the claim was filed. Given the holiday break that does not seem unreasonable on the information presently available.
- The parties are strongly encouraged to continue to engage to find a suitable solution in an appropriate timescale rather than being drawn into potentially expensive litigation.
Case management directions
Any Acknowledgment of Service from the defendant and any interested party must be filed and served within 14 days of service of this order.
Signed Milwyn Jarman