RA -v- Secretary of State for the Home Department and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-001781

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

19 September 2024

Before:

The Honourable Mrs Justice Hill DBE

Between:

The King on the application of
RA

-v-

Secretary of State for the Home Department

The Director of Public Prosecutions

and

The Chief Constable of Kent Police
(Interested party)

Order

On consideration of the documents lodged by the Claimant including an application for anonymity

ORDER by the Honourable Mrs Justice Hill DBE

1. The Claimant in this matter is entitled to anonymity until further order and there must be substituted for all purposes in this claim in place of references to the Claimant by name, and whether orally or in writing, reference to “RA”.

2. A non-party may not inspect or obtain a copy of any document from the court file other than this order (duly anonymised) without the permission of the Court. Any application for such permission must be made on notice to the Claimant.

3. A non-party may not obtain any copy statement of case or other document from the Court file unless it has been edited (anonymised) in accordance with this direction.

4. Pursuant to CPR 39.2(4) and s.11 of the Contempt of Court Act 1981, the publication or disclosure of the identity of the Claimant or of any material tending to identify the Claimant shall be prohibited.

5. The Court’s CE-file system shall be clearly marked with the words “An anonymity order was made in this case on 19 September 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”

6. The Defendant or any non-party affected by this anonymity order may on 7 days’ notice to set it aside or vary it.

7. The costs of obtaining this order shall be costs in the case.

8. Pursuant to CPR 39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders dated 16 April 2019 a copy of this order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.

Reasons

1. The Claimant’s case is that at all material times he was a child, aged 17, and that he fled Sudan to escape persecution. He was a Looked After child by the Local Authority and is now a Former Relevant Child, still in the care of the Local Authority. The claim will involve consideration of events that occurred when the Claimant was a child and issues relating to his mental health. The claim raises human rights issues related to deprivation of liberty and alleged breaches of Articles 3, 8 and/or 14 ECHR.

2. There is a presumption in favour of anonymity in cases involving asylum seekers, see Practice Note (Court of Appeal: Asylum and Immigration Cases) [2006] 1 WLR 2461.

3. Having considered the Article 8 rights of the Claimant and the Article 10 right to freedom of expression, as well as the open justice principle, I am satisfied that (i) non-disclosure of the identity of the Claimant is strictly necessary in order to secure the proper administration of justice and protect the interests of the Claimant; and (ii) there is insufficient countervailing public interest in disclosure of his identity to justify interfering with his Article 8 rights.

Order

On the applications by the Claimant dated 25 May 2024 and 17 September 2024 for anonymity, expedition and joinder of the claim with claim AC-2024-LON-001871, and for an oral hearing to determine the latter two applications if not granted on the papers

Following consideration of the documents lodged by the Claimant and the Defendant and Interested Party

ORDER by the Honourable Mrs Justice Hill DBE

1. The Claimant is granted anonymity by way of separate order.

2. The Claimant’s applications for expedition and joinder shall be determined at an oral hearing, with a time estimate of 1.5 hours.

3. The hearing shall take place during the week of 23 or 30 September 2024.

4. Given the application for expedition it may not be possible to accommodate counsel’s convenience.

5. The parties should liaise with the Administrative Court Office to list the hearing as a matter of urgency.

6. The Claimant shall file an agreed core bundle no later than 2 days before the hearing.

Reasons

  1. It is clear that the applications for expedition and joinder are contested for a range of reasons. The issues would be most fairly addressed at a hearing.
  2. That hearing should be listed urgently given the application for expedition.