NN -v- X School (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1853/2023

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

5 June 2023

Before:

The Honourable Mr Justice Eyre

Between:

The King on the application of

NN
(by her mother and litigation friend, AAS)

-v-

X School

and

HKW (Interested party)

Order

On an application by the Defendant for variation of the order dated 26th May 2023
Following consideration of the documents lodged by the Defendant
ORDER by the Honourable Mr Justice Eyre

  1. The order dated 26th May 2023 shall be varied as follows:
    a. To substitute in that order:
    i) “NN” for the name of the Claimant
    ii) “AAS” for the name of the Claimant’s litigation friend
    iii) “LGS” for the name of the Head Teacher of the Defendant
    iv) “X SCHOOL” for the name of the Defendant
    v) “HKW” for the name of the Interested Party.
    b. To substitute for paragraph 1(b)(v) of the order:
    “The address or geographical location of the Defendant including but not limited to the local authority area within which it is situated.
    c. To add as paragraph 1(c) “the identity of the Claimant or of her litigation friend.
    d. To add as paragraph 2A:
    “In any report of these proceedings or other publication (by whatever medium) in relation to these proceedings:
    The Claimant shall be referred to as “NN”
    The Claimant’s litigation friend shall be referred to as “AAS”
    The Head Teacher of the Defendant shall be referred to as “LGS”
    The Interested Party shall be referred to as “HKW”.
  2. The Defendant shall serve a copy of this order on the Press Association as soon as reasonably practicable after receipt of a sealed copy of the same.
  3. Costs reserved.

This order has been made without a hearing. Any party affected by this order may apply within 7 days of the service of this order on that party to have it set aside, varied, or stayed.

Reasons

  1. In making this order I take account of the important public interest in open justice.
  2. I have been provided with information which was not before Julian Knowles J. The information indicates that the anonymisation of the authority within whose area the Defendant is located is necessary in order to achieve the purpose at which the provisions of the order of 26th May 2023 were directed. I am satisfied that in order to achieve the protection intended by that order such anonymisation is necessary together with anonymisation of the name of the Head Teacher of the Defendant. I have directed such variation of the order as is necessary for those purposes.
  3. It appears that the Defendant no longer seeks a prohibition on publication of is policy in relation to prayer or related matters despite the reference to the same in the witness statement of its solicitor. In any event such a prohibition appears to be resisted by the Claimant. In the event that the Defendant wishes to persist in seeking such a prohibition it will need to apply for a hearing to determine that issue on notice.
  4. Although the interests of justice necessitate anonymisation as provided for in the order as varied at this stage of the proceedings the parties are to be aware that the balance between those interests and the interests of justice may alter in the course of the proceedings. Accordingly, it will be open to the court subsequently to vary further the provisions as to anonymisation either in whole or in part.