PXA -v- Kent County Council (consent order)
Case number: AC-2024-LON-003871
In the High Court of Justice
Administrative Court
In the matter of an application for judicial review
19 December 2024
Before:
Upper Tribunal Judge Plimmer
Between:
The King
on the application of
PXA
-v-
Kent County Council
Consent order
UPON the Claimant having sent a pre-action protocol letter dated 4 November 2024 to the Defendant.
AND UPON the Defendant having provided an interim response on 18 November 2024 seeking an extension until 27 November 2024 to provide a substantive response to the pre-action protocol letter.
AND UPON this application for judicial review having been filed on a protective basis on 19 November 2024 in light of the potential limitation deadline.
AND UPON the Defendant having provided a pre-action protocol response on 2 December 2024.
AND UPON the Defendant having commenced a Disability Related Expenditure Assessment (“DREA”) on 3 December 2024 (“DREA1”) and confirming that a second DREA will be conducted on or around 17 December 2024 in anticipation of the Claimant moving into supported living accommodation in early January 2025.
AND UPON the Defendant having agreed to provide the Claimant with a copy of the financial assessment by 4.30 pm on 10 January 2025, providing the reasonably required evidence requested by the Defendant has been provided by the Claimant within a reasonable timeframe ahead of this date.
AND UPON considering the submissions and evidence filed by the Claimant with the claim for judicial review in support of an application for anonymity.
IT IS ORDERED that:
- The Claim is stayed until 24 January 2025 to enable the Defendant to complete the DREAs and to allow the parties to engage in any necessary further correspondence thereafter.
- The Claimant is to file and serve amended grounds of claim and any supporting evidence, if so advised, by 14 February 2025.
- The Defendant shall file and serve an acknowledgment of service, if so advised, within 21 days of service of the Claimants’ amended Grounds of Claim.
- The Claimants’ names shall be anonymised as PXA throughout these proceedings pursuant to CPR r.39.2(4).
Dated this 19 day of December 2024
Approved By Upper Tribunal Judge Plimmer
14 January 2025