R on the application of DXN -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim no: AC-2024-CDF-00151

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

4 September 2024

In the matter of an application for judicial review

Before:

Hon. Mr Justice Chamberlain

Between:

The King
on the application of
DXN

-v-

Secretary of State for the Home Department

…………………………………………………………………………………………………………………………………………………………………………………………………

ANONYMITY ORDER

…………………………………………………………………………………………………………………………………………………………………………………………………

On an application by the Claimant for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant

ORDER by the Hon. Mr Justice Chamberlain:

  1. Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights
Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be
disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as “DXN”.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many
obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application,
served on each party

Mandatory injunction:

(a) The Defendant must forthwith:

(i) make available to the Claimant accommodation which is suitable given her
disabilities; and

(ii) provide transport to move her to that accommodation together with her
disability aids.

(b) The Defendant may apply to vary or discharge paragraph 2(a) above, any such application to be served on each party. Any such application is to be referred to the immediates judge.

THIS IS A MANDATORY INJUNCTION. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. IT MUST BE COMPLIED WITH UNLESS AND UNTIL IT IS SET ASIDE BY A COURT, EVEN IF AN APPLICATION TO VARY OR DISCHARGE IT HAS BEEN MADE UNDER PARAGRAPH 2(b) ABOVE

3. Costs reserved.

REASONS

Anonymity: The Claimant is an asylum seeker. She asserts that naming her will increase the risk she would face if returned to her country of origin. The claim also relies on personal medical information in which the Claimant has a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1, at least at this stage.

Mandatory injunction: The Statement of Facts and Grounds advances a strong arguable case that the failure to provide disability-appropriate accommodation to the Claimant is unlawful. Given her constellation of medical problems, it is strongly arguable that there would be a breach of Article 3 ECHR if she were left street homeless (as appears likely if accommodation is not provided).

Signed: Mr Justice Chamberlain Dated: 4/9/24