R on the application of CXY -v- Birmingham City Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case Number: AC-2024-BHM-000128

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

3 May 2024

Before:

Her Honour Judge Carmel Wall

Between:

The King
on the application of
CXY

-v-

Birmingham City Council

………………………………………………………………………………………………………………………………………………………………………………………..

On an application dated 1 May 2024 by CXY for expedition

Following consideration of the documents lodged by the Claimant including
the application for urgent consideration and expedition

ORDER by Her Honour Judge Carmel Wall sitting as a Judge of the High
Court

  1. The application for expedition and urgent consideration is granted to
    the extent set out below.
  2. The Defendant must file its acknowledgement of service and summary
    grounds of defence within 14 days after service of the claim form and
    time is abridged accordingly.
  3. The claim must then be urgently referred for the consideration of
    permission.
  4. Pursuant to CPR r. 39.2(4), there shall not be disclosed in any report
    of the proceedings the name of the Claimant or any details leading to
    his identification and the Claimant, if referred to, shall only be referred
    to as “CXY” in order to protect the interests of a child who might
    otherwise be identified.
  5. Pursuant to CPR 39.2(5) this Order must be published on the website
    of the Judiciary of England and Wales
  6. Costs reserved.
  7. This Order has been made without a hearing. Any party affected may
    apply to have it set aside, varied or stayed within 7 days of service.
  8. Any person wishing to apply to vary or discharge paragraph 4 of this
    Order must file and serve an application on 48 hours’ notice.

    Reasons
  1. The claimant lives with his family including his disabled child in
    accommodation he alleges is unsuitable.
  2. On 11 April 2023 the defendant accepted the main housing duty with
    respect to the claimant and his family pursuant to s193 of the Housing
    Act 1996.
  3. The claimant alleges the defendant has taken no steps to perform this
    duty and has not responded to pre-action correspondence. The
    claimant alleges he is entitled to mandatory relief.
  4. It is accepted there is some urgency in hearing this claim. The
    claimant’s child is significantly adversely affected by the
    accommodation. The claimant’s wife, the child’s primary carer, has a
    medical condition and has recently collapsed and had to be
    hospitalised for a short period, due in part to the strain of the ongoing
    situation.
  5. I therefore abridge the time for filing the Acknowledgement of Service
    and direct urgent consideration of the application for permission. The
    extent to which time has been abridged is proportionate to the urgency
    of the claim, bearing in mind the delay to date and that the claimant
    currently does have accommodation, albeit allegedly unsuitable.
  6. I make an anonymity order so as to protect the privacy of the claimant’s
    disabled child in circumstances in which the child’s personal medical
    information will form part of the evidence in the claim. There is no
    obvious countervailing public interest in disclosure of the child’s
    identity.

    Signed: HHJ Carmel Wall