NMC -v- Kent County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2026-LON-003768

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

In the matter of an application for judicial review

14 August 2026

Before:

The Hon. Mrs Justice Dias

Between:

The King
on the application of
NMC
(by their litigation friend, NMN)
(Claimant)

-v-

Kent County Council
(Defendant)

Order

UPON an application by the Claimant for permission to bring judicial review against a decision of the Defendant dated 30 April 2026 issuing an amended Education, Health & Care Plan and for interim relief

AND UPON consideration of the documents lodged by the Claimant

ORDER BY THE HON. MRS JUSTICE DIAS

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

Iii) the Claimant is to be referred to orally and in writing as NMC acting by their litigation friend, NMN.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time;

(iii) unless the Court grants permission under CPR 5.4C(6), no non- party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Abridgement of time and expedition:

(a) The Defendant’s Acknowledgement of Service (CPR 54.8), and response to the application for urgent interim relief must be filed and served by 4pm on 19 August 2026.

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 21 August 2026.

(c) The papers are to be referred to a judge immediately thereafter for further consideration of the application for interim relief and, if appropriate, permission to bring judicial review.

  1. Costs reserved.

REASONS/OBSERVATIONS

(1) Anonymity: The Claimant is a minor and the claim relies on personal medical information in which the Claimant has a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

(2) Abridgement of time/expedition: It is not appropriate to make any order for interim relief without first hearing from the Defendant. However, there is evidence that the Claimant is at serious risk of self-harm and there is therefore considerable urgency which justifies an abridgement of time.

(3) The Claim Form was issued on 14 August 2026 but seeks to challenge an ECHP issued on 30 April 2026. On the face of it, the claim for judicial review has not been brought within the statutory time limit of 3 months and is out of time. However, it is apparent that the Claimant originally sought to lodge the Claim Form on 27 June 2026 and it is in any event reasonably arguable that the Claimant can rely in this regard on alleged continuing failures on the part of the Defendant.

(4) That said, there is a statutory right of appeal against an ECHP. Judicial review is a remedy of last resort which will not normally be granted until all other avenues of redress have been exhausted. This is a matter which the Claimant will need to address if the claim is to be permitted to continue.

Signed: Mrs Justice Dias D.B.E.

Dated: 14 August 2026