Case No: CO/4392/2022
In the High Court of Justice
King’s Bench Division
1 December 2022
Judge O’Connor (sitting as a Judge of the High Court)
R on the application of MM
Secretary of State for the Home Department
On an application by the Claimant for urgent consideration and interim relief
Following consideration of the documents lodged by the Claimant
- The application for interim relief is adjourned to a hearing on notice to the Defendant on or before Friday 9 December 2022; time estimate: 1.5 hours; suitable for a Deputy High Court Judge.
- The Defendant shall file and serve a response to the interim relief application by 10:00 am on Wednesday 7 December 2022.
- There shall not be disclosed in any report of the proceedings the name or address of the Claimant or her litigation friend, or any details leading to the identification of the Claimant, and the Claimant, if referred to, shall only be referred to as MM.
- 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 MM; and (b) that any reference to the names of the Claimant be deleted from those documents.
- Costs reserved.
- The Claimant, an asylum seeker, is due to have orthopaedic surgery tomorrow (2 December 2022). He seeks interim relief in the form of a mandatory injunction requiring the SSHD to provide adequate, self-contained dispersal accommodation pending further order or resolution of this claim. It is asserted, amongst other things, that his current temporary accommodation does not provide adequate hygienic and laundry standards for his pre and post operative requirements. A GP’s letter is provided in support of the assertion that the accommodation is not suitable for the Claimant’s needs. Further issues relating to the needs and welfare of his four children are also relied upon.
- Given the nature of the request for interim relief, the Defendant should have an opportunity to be heard and the court will be assisted by oral submissions.
- The focus of the request for expedition of the instant application (a decision in relation to which was sought by 1 December 2022), was the imminent commencement of pre-operative procedures (including cessation of regular anti-biotics). The Claimant is due to have surgery tomorrow, and therefore the urgency occasioned by his pre-operative needs is no longer a relevant matter. In addition, I cannot readily ascertain from the 713 pages lodged by the Claimant how long it is proposed that he remain in hospital post operation. In such circumstances, I conclude that the application for interim relief is not so urgent that it cannot await an urgent hearing by 9 December.
- The application for anonymity is made in the barest of terms. I have nevertheless granted the Claimant anonymity for the reasons briefly identified in the application. This issue may be revisited at the hearing for interim relief, and the Claimant should be prepared to further address it at that time.