QTW -v- Secretary of State for the Home Department (anonymity order)
CO/2850/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
In the matter of an application for judicial review
Date: 05/08/2022
THE QUEEN
on the application of
QTW
-v-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
-and-
CLEARSPRINGS READY HOMES
On an application by the claimant for anonymity, urgent relief and directions
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Sweeting
1. 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 any details leading to the identification of the Claimant. The Claimant, if referred to, shall only be referred to as ‘QTW’.
2. The Defendant shall not disperse the Claimant on 10 August 2022 to the address in Reading as detailed in the ‘Dispersal Sheet’ by the Defendant’s private contractor ‘Clearsprings Ready Homes’ (RG1 2NY), pending final disposal of these proceedings or further order.
3. The Defendant is to file a response to the application for interim relief staying his dispersal to the address detailed in the ‘Dispersal Sheet’ (RG1 2NY) by 4pm, Friday 12 August.
4. An interim relief hearing is to be listed between Wednesday 17 August – Thursday 18 August 2022, with a time estimate of 2 hours.
5. There is liberty to apply to vary this Order on 48 hours notice to the parties and the Court.
Reasons
1. Pre-action correspondence was sent to the Defendant on 13 June 2022.
Form JR-MPA. Judicial Review. Miscellaneous Paper Application. Version September 2020
2. The Defendant’s response of 14 July 2022 accepted that the Claimant should be provided with accommodation in the Merton/Wimbledon area near his brothers.
3. A further pre-action protocol letter was sent on 14 July 2022 seeking confirmation of a timescale. It appears that there was no response.
4. The Claimant received a dispersal notification from the Defendant’s subcontractor, Clearsprings Ready Homes, on 1 August 2022 for dispersal to an address in Reading on 10 August 2022.
5. This appears to contradict the decision, and the Defendant’s stated intent, as set out in the letter of 14 July 2022.
6. Given the defendant’s failure to respond to the pre-action protocol letter of 14 July and the imminent dispersal date I am satisfied that it is appropriate to grant the urgent relief sought without providing further time for the Defendant to respond.
7. The claimant is a young man and an asylum seeker. I am satisfied that it is in the interests of justice for him to be granted anonymity in relation to this claim.