SD -v- Birmingham Children’s Trust (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-BHM-000278

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

In the matter of an application for judicial review

27 November 2024

Before:
His Honour Judge Rawlings

Between:
The King
on the application of
SD

-v-

Birmingham Children’s Trust

Anonymity order

On an application by the Claimant for urgent consideration and anonymity

Following consideration of the documents lodged by the Claimant

ORDER by His Honour Judge Rawlings:

  1. Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as “SD”.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Abridgement of time and expedition:

(a) The application to abridge the Defendant’s time for filing Acknowledgement of Service (CPR 54.8) is refused.

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served as soon as possible after the Acknowledgment of Service is filed by the Defendant and the Claimant may write to the court to confirm that it will not file a Reply.

(c) The papers are to be referred to a judge for a decision whether to grant permission to apply for judicial review or not, as soon as possible after the Claimant has filed his Reply or confirmed that he does not intend to do so.

  1. Litigation Friend for the Claimant

The need (on the Claimant’s case) for a Litigation Friend to be appointed for the Claimant is dispensed with.

REASONS

Anonymity: The Claimant asserts that he is a child and the balance lies with protecting the identity of the Claimant from being disclosed. There are accordingly compelling reasons for the limited derogations from the principle of open justice

Expedition: The decision under challenge denies the Claimant the support that would be provided to him as a child on the basis that he is not a child. That factor justifies an order that permission is considered as soon as reasonably possible after the Defendant has filed its acknowledgment of Service but not shortening the Defendant’s time to acknowledge service by 7 days.

Litigation Friend

The Claimant claims that his age is 16 and he applies to dispense with the need for a litigation friend. In view of the Claimant’s asserted age it is appropriate to dispense with the need for a litigation friend.

Signed: HHJ Brian Rawlings
Dated: 27/11/24