R -v- KM (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case no: AC-2024-LON-002959

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

6 September 2024

In the matter of an application for judicial review

Before:

Deputy High Court Judge Karen Ridge

Between:

The King
on the application of
KM (acting by his Litigation Friend RC)

-v-

Secretary of State for the Home Department

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

ANONYMITY ORDER

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

On an application by the Claimant for permission to commence judicial review proceedings and on an application for urgent consideration of his interim relief application (including applications for the appointment of a litigation friend and anonymity)

Following consideration of the documents lodged by the Claimant

ORDER by Deputy High Court Judge Karen Ridge

  1. The Claimant is permitted to conduct these proceedings by his litigation friend, who shall hereinafter be referred to as RC.
  2. The Claimant shall be referred to in these proceedings as KM, and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or his Litigation Friend or any other particulars of the case likely to lead to the identification of the Claimant without the leave of the Court. The claim shall be referred to as R (KM acting by his litigation friend RC) v Secretary of State for the Home Department. There shall be no access to statements of case, evidence or interlocutory order or any other court documents by a non-party to this case, without leave of the Court.
  3. The requirement for an Acknowledgement of Service form is hereby dispensed with.
  4. By no later than 4pm on Wednesday 11 September 2024, the Defendant shall file and serve its Statement of Grounds of Defence in respect of the Claimant’s interim relief application.
  5. The Claimant shall, if so advised, file and serve a response to the Defendant’s position by 4pm on Friday 13 September 2024.
  6. As soon as practicable after 10am on Monday 16 September 2024 the papers shall be put before a judge to consider the Claimant’s application for interim relief, to include the Defendant’s refusal to provide the Claimant with accommodation under the provisions of Schedule 10 Immigration Act 2016.
  7. Liberty to both parties to apply to vary the terms of this Order on 24 hours written notice by email to the Court and to the other party.
  8. Costs reserved.

Reasons

  1. The Claimant lacks capacity to conduct this litigation and it is appropriate to appoint a litigation friend under CPR 21.6. There is evidence to support this, and the proposed litigation friend is considered suitable and willing to act. As the Claimant is a protected party it is appropriate to grant anonymity pursuant to CPR 39.2.
  2. The Claimant is a Bangladeshi national who has been in the UK since 1982. He has several criminal convictions, and the Defendant is pursuing his deportation to Bangladesh. The Claimant has been in detention since 17 May 2024 and currently has a Case Management Review Hearing and Substantive Hearing listed with the first-tier Tribunal (FTT) in October 2024.
  3. The Claimant suffers from significant cognitive disorders, post-traumatic stress disorder and depression. He has been in detention since 17 May 2023.
  4. On 10 June 2024, the FTT made a decision to grant the Claimant bail in principle, subject to him residing at an address provided by the Defendant. The Defendant has since refused to provide the Claimant with accommodation on the basis that she does not accept that the Claimant is unable to source private accommodation without Home Office support.