MS -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-001579

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

10 May 2024

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
MS

-v-

Secretary of State for the Home Department
(Port Ref: TN2/5631366)

Order

On the Claimant’s application for an anonymity order, interim relief, urgent consideration and directions;

Following consideration of the documents lodged by the Claimant;

Order by the Honourable Mrs Justice Lang DBE

1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant and her children, nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “MS” and the children shall be referred to as “S” and “G”.

2. No later than 7 days from the date of service of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant and her children, in accordance with paragraph 1 above.

3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant and her children, in accordance with paragraph 1 above.

4. The Defendant do file and serve an Acknowledgment of Service and Summary Grounds of Resistance, together with a response to the application for interim relief, no later than 7 days from the date of service of this order.

5. The application for interim relief shall be considered by a Judge on the papers no later than 23 May 2024.

6. Liberty to apply to vary or discharge this order on 2 days notice to the other party.

7. Costs reserved.

    Reasons

    1. I have granted an anonymity order. The Claimant and her family are asylum seekers who claim to be at risk. The claim concerns a disabled child (S). In the circumstances, a departure from the general principle of open justice is justified.

    2. The Claimant submits that the Defendant has failed to provide adequate accommodation for her family, in particular her son S, pursuant to section 95 of the Immigration and Asylum Act 1991. The Claimant, her husband and their two children have been accommodated in a hotel room since 23 May 2023. S is aged 3 and is severely disabled. He has complex needs, including wheelchair accessibility and specially prepared food. The hotel has been unco-operative in addressing his needs.

    3. The Claimant, supported by a social worker, contends that the current accommodation is unsuitable for him and the family needs to be dispersed to accommodation which is wheelchair accessible and has kitchen facilities. As he is receiving treatment and support in the Bedford area, there are obvious benefits to both the family and public services if they remain in the same area.

    4. The Defendant has been aware of these issues since at least November 2023, but has failed to assess S’s needs and source suitable dispersal accommodation.

    5. In my view, urgent consideration of this claim is required, and therefore I have abridged time for the filing of the Defendant’s Acknowledgment of Service and response to the application for interim relief. I have also made directions for speedy consideration by a Judge on the papers.