R (RP) -v- West Berkshire Social Services and others (anonymity order and application for judicial review)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity OrderJudgment

Case Number: AC-2023-BHM-000207

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

19 October 2023

In the matter of an application for judicial review

Before:
His Honour Judge Worster

Between:
The King
on the application of RP
-v-
(1) Michele Janas – West Berkshire Social Services
(2) Birmingham Social Services
(3) Frimley Park Hospitals Trust

Anonymity Order

On an application by the Claimant for relief set out in a draft order attached to an application made on 16 October 2023

Following consideration of the documents lodged by the Claimant without notice

Without a hearing

ORDER by the His Honour Judge Worster sitting as a Judge of the High Court at Birmingham on 19 October 2023

  1. The name of the Claimant in this case is anonymised to RP, and the name of the child referred to in the Claim Form as X. There shall be no publication of the name of the Claimant, the name of the child referred to in the Claim Form, or any other member of his family, nor of any information that may lead to the identification of that child.
  2. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless that document has been anonymised. If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any document or communication, such application shall be on at least 7 days notice to the parties.
  3. The Claimant’s application for urgent interim relief is refused.
  4. The application is certified as being totally without merit.

Reasons

  1. The principal relief sought on this application involves the interim care of a child, and an order that the child be returned to the Claimant. The issue of this child’s care is before the family court, and the proper forum for the consideration of the issues which the Claimant seeks to raise on this application in that regard is the family court.
  1. A number of the other applications involve orders which relate to matters which are beyond the scope of Judicial Review.
  2. It is wrong to make an application such as this without giving any notice to the other parties involved.
  3. This application for interim relief is bound to fail, and consequently it is certified as totally without merit.

Signed: HHJ Worster