Claim number: CO/2727/2023
In the High Court of Justice
King’s Bench Division
21 July 2023
The Honourable Mrs Justice Lang DBE
The King on the application of
NSE (a child, by her mother and litigation friend, TA)
Oxfordshire County Council
On the Claimant’s application for urgent consideration and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
- 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 litigation friend, nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “NSE” and the litigation friend shall be anonymised and referred to as “TA”.
- Within 14 days from the date 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 litigation friend, in accordance with paragraph 1 above.
- 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 litigation friend, in accordance with paragraph 1 above.
- The Defendant shall forthwith provide suitable interim accommodation and support for the Claimant and her mother, TA, pending determination of the application for permission, or further order.
- Liberty to apply to vary or discharge this order on 3 days notice to the other party.
- Costs reserved.
- I have granted an anonymity order because the Claimant is a child.
- The Claimant seeks accommodation and support for her and her mother, pursuant to section 17 of the Children Act 1983, pending the outcome of the Defendant’s assessment, because they are destitute and homeless.
- The Claimant is a British citizen, aged 4 months. Her mother, TA, is a Nigerian national who intends to apply to regularise her immigration status as the sole carer of a British citizen child. At present, she is unable to work, and so has no income. She is not in a relationship with the child’s father, and he is unable to support or accommodate them because he is chronically ill and unable to work. The Claimant and TA have exhausted the accommodation options available to them, staying with friends and the Claimant’s paternal grandmother. TA has been reliant on her savings and donations from friends and family, but the supply of funds is now very limited indeed.
- I see from the correspondence that the Defendant has concerns about the veracity of TA’s account, as summarised in paragraph 3 above. In my view, those concerns can only be confirmed, one way or the other,
in the course of a full assessment which will take some time.
- In the interim, the Claimant’s needs have to be met, and it is in the Claimant’s best interests that she remains with her mother. I consider that the Defendant should provide them with immediate support and accommodation because there is a serious issue to be tried and the balance of convenience lies in favour of the grant of interim relief.