Claim number: AC-2023-LON-003317
In the High Court of Justice
King’s Bench Division
8 November 2023
The Honourable Mr Justice Julian Knowles
The King on the application of
London Borough of Camden
IT IS ORDERED THAT:
- The Claimant’s application for anonymity is granted.
- There be substituted for all purposes in this claim, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters MR
- The Court file is to be retained by the Court and marked ‘Anonymised’. Pursuant to CPR 5.4C, a person who is not a party to these proceedings may obtain a copy of pleadings, a judgment or order from the Court records only if the pleadings, judgment or order has been anonymised such that the Claimant is referred to as MR in those documents and any address has been removed.
- Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, disclosure of the Claimant’s name or address is prohibited.
- The Defendant shall provide the Claimant with support, in the form of accommodation in accordance with s 17(6) of the Children Act 1989, within 24 hours, until further Order of the Court. This is on a temporary basis pending the oral interim relief hearing (see below).
- Time for the filing and service of the Defendant’s Acknowledgement of Service and Summary Grounds of Defence us abridged to seven days from the date of this order.
- The matter is to be listed for a permission and interim relief hearing within seven days thereafter with a time estimate of 1.5 hours. The Defendant must be represented at that hearing.
- For the avoidance of doubt the Claimant is to address the question at that hearing whether the Claimant needs a litigation friend. Permission is granted to the Claimant pursuant to CPR r 21.2(3) to bring this application without a litigation friend ONLY. For the avoidance of doubt, no general permission under CPR r 21.2(3) is granted to MR to bring this claim.
- The parties are to exchange Skeleton Arguments and any evidence in support no less than 48 hours before the hearing date.
- Liberty to apply.
- Costs reserved.
- The Claimant is a 17 year old from Eritrea. He was offered a foster placement by the London Borough of Hackney which he (in effect) refused, for reasons said to be to do with ‘stress’, but which I do not regard as adequate, at least as presently pleaded.
- The evidence appears to be inconsistent as to whether there is suitable alternative accommodation for the Claimant, ie, whether he can or cannot return to live with his brother, or his friend.
- I have just about been persuaded to grant interim relief in the form of temporary accommodation (pending a further hearing) as the Claimant says he is street homeless and he is a minor. However, this matter must be dealt with quickly as it may turn out that the Claimant does, after all, have viable alternative accommodation available to him.
- The Defendant must therefore file and serve its AOS and Summary Grounds of Defence within seven days, with a permission and interim relief hearing to take place within seven days thereafter, time estimate 1.5 hours. At that hearing the Claimant should be in a position to address the question of whether the Claimant needs a litigation friend and if so, who that person should be.