Case No: CO/4886/2022
In the High Court of Justice
King’s Bench Division
12 January 2023
The Honourable Mr Justice Bourne
The King on the application of
Secretary of State for the Home Department
On the Claimant’s application for urgent consideration and interim relief, and for an anonymity direction
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Bourne
- The Defendant must, by 4 pm on 27 January 2023, and until (a) the determination of this claim or (b) further order or (c) the Claimant ceasing to be eligible for accommodation under s.95 of the Immigration and Asylum Act 1999, provide facilities for such accommodation of the Claimant and her two sons. The accommodation must be self-contained accommodation, including bathroom and cooking facilities, and must be within a 45-minute travel distance of her eldest son’s school (with the address of the accommodation and the date and time of the transfer to be notified to the Claimant’s solicitors by email to email@example.com at least 24 hours’ notice in advance).
- The Defendant has liberty to apply to vary or discharge the order at paragraph 1 above on 2 days’ written notice to the Claimant.
- Any application made under paragraph 2 is to be referred to a High Court Judge or deputy judge for consideration within 1 day after issue.
- The terms of paragraph 1 may be varied by written agreement between the parties.
- Pursuant to section 11 of the Contempt of Court Act 1981 and CPR rule 39.2(4), with effect from the date of this order and until further order:
(1) There shall be substituted for all purposes in this case, in place of references to the Claimant’s name, reference to “RG”.
(2) There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant or her family.
(3) “Publication” means communication to the public or any section of the public. It includes publication in a newspaper or broadcast, or on the internet, by any person.
(4) The Defendant, and any party served with or given notice of the anonymity order, has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing, on notice to all parties.
(5) Any application for permission to inspect or obtain a non-anonymised version of a document must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
- Costs reserved.
This is a mandatory injunction. Breach of paragraph 1 this order may give rise to contempt proceedings. Even if an application has been made under paragraph 2 to vary or discharge, the order at paragraph 1 must be complied with unless or until such an order is made.
- From the information provided by the Claimant, it is arguable that there is a continuing unlawful failure to provide suitable accommodation and the balance of convenience appears to favour a grant of interim relief in view of the impact of the situation on the Claimant and her children.
- Although the Defendant has not responded to the most recent correspondence from the Claimant’s solicitors, there may be material information from the Defendant which would affect this assessment. This order may therefore be subject to variation or discharge upon an application made under paragraph 2 of the order.
- In view of the personal circumstances of the Claimant in respect of her asylum claim, and those of her children, anonymity appears to be necessary to secure the proper administration of justice and to protect their interests.