RXN -v- The Independent Office for Police Conduct (consent order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-000777

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

29 April 2025

Before:

Richard Kimblin KC
sitting as a Deputy Judge of the High Court

Between:

The King
on the application of
RXN
(Claimant, a child, by his mother and litigation friend, AXN)

-v-

The Independent Office for Police Conduct
(Defendant)

and

(1) The Commissioner of Police of the Metropolis
(2) Subject Officer 1
(Interested Parties)

Consent order

BEFORE RICHARD KIMBLIN KC sitting as a Deputy Judge of the High Court

UPON the Defendant having reached a final determination pursuant to paragraph 23(5A) of Schedule 3 of the Police Reform Act 2002 (‘the PRA 2002’), as communicated to the Claimant on 12 December 2024 (and as subsequently amended on 19 December 2024) that the Second Interested Party has no case to answer for misconduct or gross misconduct (‘the Decision’);

AND UPON the considering the application for anonymity for Claimant and his Litigation Friend to which the Defendant consents;

AND UPON the Claimant and Defendant having consented to an order in the terms below on the basis of the Statement of Reasons annexed hereto;

AND UPON the Defendant agreeing (subject to the Court quashing the Decision) that a new delegated decision-maker, without prior involvement in the case, will take a fresh case to answer decision pursuant to paragraph 23(5A) of Schedule 3 to the PRA 2002 (without any input or involvement of the previous decision-maker).  

IT IS ORDERED BY CONSENT THAT:

  1. Pursuant to CPR 39.2 and/or s.37 of the Senior Courts Act 1981 and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998, the identities of the Claimant and his Litigation Friend are to be withheld from the public and must not be disclosed in any proceedings in public without permission of the Court or the Claimant and his Litigation Friend.
  2. The Claimant and his Litigation Friend shall be referred to in these proceedings as RXN and AXN respectively.
  3. Pursuant to s.11 Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or his Litigation Friend, or of any matter likely to lead to the identification of the Claimant or his Litigation Friend in any report of, or otherwise in connection with, these proceedings.
  4. Unless the Court grants permission under CPR 5.4(C) (6), no non-party may obtain an unredacted copy of any statement of case.
  5. No non-party may have access to any other document to which they might otherwise have had access under CPR 5.4C or otherwise, unless it has been redacted to omit the name, address and any other information likely to lead to the identification of the Claimant or his Litigation Friend. Any application for access to such documents must be made on notice to the parties.
  6. Any person wishing to apply to vary or discharge this Order must make an Application to the Court, served on each party.
  7. The Claimant be granted permission to bring this claim for judicial review and the said claim be allowed.
  8. The Decision is quashed.
  9. The Defendant will pay the Claimant’s reasonable costs of and occasioned by the issue, filing, service and settlement of this claim (to include the costs of and occasioned by the letter from Bhatt Murphy to the IOPC dated 5 February 2025), to be assessed on the standard basis if not agreed, within 28 days of assessment or agreement.
  10. Liberty to apply as to carrying such terms into effect.

Dated: 29th April 2025
Approved by Richard Kimblin KC