RWU -v- Governing Body of City of London Academy (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-003129

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

18 September 2024

Before:

The Honourable Mrs Justice Hill DBE

Between:

The King on the application of
RWU (by his Litigation Friend LTA)

-v-

Governing Body of City of London Academy

and

London Borough of Southwark
(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 and his Litigation Friend are entitled to anonymity until further order and there must be substituted for all purposes in this claim in place of references to the Claimant and his Litigation Friend by name, and whether orally or in writing, reference to “RWU” and “LTA” respectively.
  2. The anonymity order also extends to the Claimant’s parents.
  3. 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.
  4. 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.
  5. 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.
  6. The Court’s CE-file system shall be clearly marked with the words “An anonymity order was made in this case on 18 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.”
  7. The Defendant or any non-party affected by this anonymity order may on 7 days’ notice to set it aside or vary it.
  8. The costs of obtaining this order shall be costs in the case.
  9. 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 is a child and potential victim of Child Criminal Exploitation. He challenges his permanent exclusion from school. This case involves detailed consideration of sensitive personal information about his private and family life.

2. 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 her identity to justify interfering with his Article 8 rights. These reasons also justify anonymity for the Claimant’s Litigation Friend and parents.

Order

Upon the Claimant’s application for urgent consideration and expedition dated 17 September 2024

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mrs Justice Hill DBE

  1. The Claimant and his Litigation Friend are be granted anonymity and referred to herein as “RWU” and “LTA”. Detailed provision for this has been made by way of separate order.
  2. The application for permission to apply for judicial review is adjourned to be listed in court as a “rolled-up hearing”, on notice to the Defendant and Interested Party.
  3. The rolled-up hearing shall take place during the weeks of 21 or 28 October 2024, or as soon as possible thereafter. If permission to apply for judicial review is granted at that hearing, the Court will proceed immediately to determine the substantive claim.
  4. The application is to be listed for 1 day; the parties to provide a written estimate within 7 days of service of this order if they disagree with that estimate.
  5. The Defendant and Interested Party shall file and serve Acknowledgements of Service and Summary Grounds of Defence, and supporting evidence if so advised, by 4 pm on 4 October 2024.
  6. The Summary Grounds of Defence and supporting evidence filed in accordance with the preceding paragraph shall stand as Detailed Grounds and final evidence.
  7. The Claimant shall file and serve a Skeleton Argument by 4 pm on 9 October 2024.
  8. The Defendant and Interested Party (the latter if so advised) shall file and serve Skeleton Arguments by 4 pm on 12 October 2024.
  9. The parties shall agree the contents of the hearing bundle and must file it with the Court by 4 pm on 14 October 2024. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website. The parties shall, if requested by the Court lodge 2 hard-copy versions of the hearing bundle.
  10. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The parties shall if requested by the Court, prepare a hard-copy version of the authorities bundle. The electronic version of the bundle and if requested, the hard copy version of the bundle, shall be lodged with the Court by 4 pm on 21 October 2024.

Observations

  1. The Claimant is a fifteen year old boy who by this claim seeks judicial review of the decision dated 24 June 2024 to permanently exclude him from school.
  2. He is a potential victim of Child Criminal Exploitation, with the Interested Party having recently referred to him to the National Referral Mechanism. He is currently receiving education through an on line academy.
  3. At a Child in Need meeting on 24 August 2024, the police outlined that they are conducting an investigation into whether the Claimant is a victim of modern slavery. Police observed that there was “not a lot of time” to ensure that he was adequately protected, identifying access to education constituting their second most significant concern for the Claimant’s safety.
  4. The Court of Appeal has observed that in cases concerning the education of children and young people “speed must be of essence”: see H v East Sussex County Council [2009] EWCA Civ 249; [2009] ELR 161 at [13], per Waller LJ. That is particularly so for the Claimant who is in his GCSE year and has been out of full-time education for six months.
  5. These factors justify an expedited timetable. The court could not, quite, accommodate the level of urgency sought by the Claimant (namely a hearing on 10 or 11 October 2024). The listing above is the most expeditious one possible. The timetable proposed by the Claimant has been moderated accordingly to allow the parties additional time to complete the necessary preparation for the hearing.