NM -v- The London Borough of Haringey (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1989/2023

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

22 June 2023

Before:

The Honourable Mrs Justice Heather Williams DBE

Between:

The King on the application of
NM

-v-

The London Borough of Haringey

Order

On the Claimant’s application for interim relief
Following consideration of the documents lodged by the Claimant and by the Defendant
ORDER by the Honourable Mrs Justice Heather Williams DBE

  1. The Defendant do provide the Claimant with suitable accommodation pursuant to section 193(2) Housing Act 1996, by no later than 14 July 2023. The accommodation is to be made available for occupation by the Claimant and her children until determination of her application for judicial review or further order of the Court (whichever is sooner).
  2. The parties have liberty to apply to vary or discharge the order at paragraph 1 above on 48 hours written notice to the other party.
  3. Any application made under paragraph 2 is to be referred to a Judge for consideration within 24 hours after issue.
  4. Costs reserved.

This is a mandatory injunction. Breach of paragraph 1 this order may give rise to contempt proceedings. Even if an application has been made under paragraph 2 to vary or discharge, the order at paragraph 1 must be complied with unless or until such an order is made.

Reasons

  1. Submissions from both parties have been received following the direction made by Vikram Sachdeva KC in his order dated 16 June 2023.
  2. In its submissions, the Defendant accepts: (i) that it owed the Claimant a full housing under the Housing Act 1996 from 16 November 2022; (ii) that she is homeless within the meaning of the legislation as it not reasonable for her to continue to occupy her current property in the long term; (iii) that a duty to provide temporary accommodation arose on 16 November 2022 and that it is an immediate and non-deferable duty; and (iv) that the Defendant has thus far failed to secure alternative suitable temporary accommodation. In her response, the Claimant points out that the Defendant has not made a determination that her current property is suitable for her to occupy on a temporary basis (and that, if it had done so, she would have had a right to request a review).
  3. The Claimant lives with her four children. As the Defendant accepts two of her children have autism. In addition her eldest son was the victim of assault in August 2022 in (at least in general terms) the location of the current property. Since May 2023 particular concerns around the well-being of the Claimant’s eldest son have developed. These are not referred to in the Defendant’s response. The Claimant also describes various medical conditions that she is suffering from.
  4. The Defendant points to the housing shortage. However, whilst it may be reasonable for a housing authority to have a short period of time whilst it looks for accommodation that satisfies the section 193 duty and each case will be fact specific, a considerable time has elapsed since 16 November 2022. The Claimant has pursued matters through her solicitors, particularly since the events of May 2023. The Defendant’s response offers no indication of the steps that have been taken thus far or the steps that will be taken in the near future to locate suitable accommodation for this family; and no proposed timescale is provided.
  5. In the circumstances I am satisfied that the Claimant has shown a sufficiently strong case to warrant the grant of interim relief.
  6. In light of the current circumstances of the Claimant and her sons and the absence of any indication from the Defendant as to the steps that have been taken, that are being taken and that will be taken, I consider that the balance of convenience lies in favour of the grant of relief. However, I have declined to require the Defendant to provide accommodation “forthwith”, as the Claimant seeks. I do not consider that this would be realistic given that the Defendant will need to locate suitable accommodation for the family. Equally, balancing all the relevant factors, I am not prepared to grant the Defendant a period beyond the next three weeks, given the circumstances I have described.
  7. I will grant liberty to apply to both parties, to take account of future changes of circumstances. In any event, the matter will be reviewed when the grant of permission is considered, but I am unwilling to let matters simply drift further until then.

On the Claimant’s application for anonymity
Following consideration of the documents lodged by the Claimant and by the Defendant
ORDER by the Honourable Mrs Justice Heather Williams DBE

  1. The Claimant shall hereafter be referred to in these proceedings as NM. Her children (from oldest to youngest) shall be referred to as “AM”, “BM”, “CM” and “DM” respectively.
  2. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or her children or any details leading to the identification of any of them. If referred to, they shall only be referred to by the ciphers set out in paragraph 1.
  3. Pursuant to CPR 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 document has been anonymised such that: (a) the Claimant is referred to in those documents only as NM and her children only as AM, BM, CM and DM; and (b) any identifying reference to the Claimant and her children has been deleted from those documents.
  4. Any person, including members of the press, may apply to the court to vary or discharge this order on four days’ notice to the parties.
  5. This Order shall be published on the website of the Judiciary of England and Wales pursuant to CPR r39.2(5).
  6. Costs reserved.

Reasons

  1. Given the references to health and medical issues concerning the Claimant and her children and to other deeply personal matters, I am quite satisfied that it is necessary to grant them anonymity and to make orders pursuant to CPR 39.2(4) and 5.4C as set out above.