MA -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-000928
In the High Court of Justice
King’s Bench Division
Administrative Court
19 March 2024
Before:
The Honourable Mrs Justice Tipples DBE
Between:
The King on the application of
MA
-v-
Secretary of State for the Home Department
Order
On the Claimant’s application by for interim relief
UPON consideration of the documents lodged by the Claimant and the emails from the Claimant’s solicitors and the Government Legal Department dated 15 March 2024 and 18 March 2024
AND UPON the Defendant having identified a suitable property in the Sheffield area (14 Jenkin Road, Sheffield, South Yorkshire, S9 1AW; “the Property”)) to accommodate the Claimant and her family with an anticipate move-in date of 8 April 2024 (see the Government Legal Department’s emails to the Court dated 15 March 2024 (timed at 13:07) and 18 March 2024 (timed at 15:52)
AND UPON the Claimant’s solicitors having stated that they agreed that “the Defendant’s provision of an address would resolve the need for interim relief, however we would require the Defendant to provide information on the expedited move date as a matter of urgency” (see Claimant’s solicitors email dated 15 March 2204 at 15:08)
AND UPON the Defendant having provided an estimated move in date to the Property by the Claimant and her family of 8 April 2024
ORDER by the Honourable Mrs Justice Tipples DBE
1. The Claimant is granted anonymity and is to be known as MA.
2. The Defendant shall by 9am on Monday 8 April 2024 provide the Claimant with accommodation at the Property (or another equivalent property). This is so that the Claimant and her family can, at the latest, move into the property on Monday 8 April 2024.
3. Paragraphs 1 and 2 above are interim orders, and shall continue pending resolution of the Claimant’s claim or further order by the court in the meantime.
4. Liberty to either party to apply to vary or discharge this order on 48 hours’ written notice.
5. Costs reserved.
Reasons
In the light of the Claimant’s application, the Defendant has agreed to provide the Claimant with the accommodation requested, and has now provided an address. The Defendant’s solicitors in their most recent email to the Court have explained that 8 April 2024 is an estimated move date and that “it’s important to note that multiple parties are involved in this process, and coordination is crucial for a smooth transition. We assure that you that the Defendant is diligently working towards this end.” It is clear that the Claimant needs certainty as to the date she will be able to move into the Property and, given there is now consensus between the parties, it is important that the date of 8 April 2024 is fixed by the Court. Further, in the light of the Defendant’s assurance that it is working diligently to achieve for a move by the Claimant and her family into the Property on or before date, it is appropriate to fix 9am on 8 April 2024 as the latest date by which the Defendant shall provide the Claimant and her family with accommodation at the Property (or the equivalent elsewhere).
I do not have any response from the Defendant in response to the Claimants’ application for anonymity (see, for example, paragraph 5 of the statement of facts and grounds). In the light of the up-dated guidance in The Administrative Court Judicial Review Guide 2023, paragraph 7.12 (pages 52 to 56), it is not entirely clear to me whether this is an appropriate case for anonymity under CPR Part 39.2(4). However, I will make the order on an interim basis, in order to hold the ring.