Social Work England -v- XXX (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim Number: AC-2024-LDS-000157

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

IN THE MATTER OF AN APPLICATION TO EXTEND AN INTERIM ORDER UNDER PARAGRAPH 14(2) OF SCHEDULE 2 OF THE SOCIAL WORKERS REGULATIONS 2018 (AS AMENDED)

30 July 2024

Before:
HHJ Kelly
sitting as a High Court Judge

Between:
Social Work England
-v-
XXX

Order

Recitals:
1) On 25 July 2024, the Claimant applied for the following orders:
a. the claim be heard in private pursuant to CPR 39.2(3);
b. in the alternative, there shall be no publication of the name of the Defendant or the child involved in the claim (“Child A”);and, in any event
c. the parties shall be given 14 days’ notice of any application by a non-party to obtain documents other than the claim form, any judgement or order pursuant to CPR 5.4C(2) and have the opportunity to respond before the application is considered by the court.
2) The court considered the documents filed by the Claimant.

IT IS ORDERED THAT:

  1. Pursuant to CPR 39.2(4), there shall be no publication of the name of the Defendant or Child A and no publication of anything which might lead to their identification.
  2. The application for the hearing to be held in private is refused for the time being. Either party may renew the application at the hearing.
  3. Pursuant to CPR 5.4C(2), any application made by a non-party under CPR 5.4C to obtain documents other than the claim form, any judgement or order shall be made on at least 14 days’ notice to the parties.
  4. The parties have permission to file witness statements in response to any such application for disclosure (including making proposals for editing/ redacting sensitive content).
  5. Any non-party affected by this order has permission to apply, in writing and on notice to the parties, to abridge the time for notice required by paragraph 3 of this order.
  6. There is no order as to costs.
  7. Pursuant to CPR 39.2(5), this order shall be published on the website of the Judiciary of England and Wales.
  8. Any non-party affected by this order may apply on notice to all parties to have this order varied or set aside.

Reasons:
1) The claim will require the Court to consider ongoing facts and matters relating to the health and welfare of Child A. The allegations concerning Child A and the Defendant are set out in the evidence before the Court. It is therefore necessary for the name of the Defendant and for details of Child A to be before the Court in the evidence and written submissions. Knowledge of the identity of the Defendant will on the facts of the case enable Child A to be identified.
2) The information concerning Child A requires an order pursuant to CPR 39.2(4) . An order is necessary to secure the proper administration of justice and to protect the interests of Child A given the nature of the allegations.
3) Information concerning the relationship between Child A and the Defendant might allow Child A to be identified. It is therefore necessary for an anonymity order also be made in respect of the identity of the Defendant.
4) An anonymity order in respect of both Child A and the Defendant should safeguard the identity of Child A without the need for the hearing to be heard in private.
5) This decision has been made on the evidence presently before the Court and without hearing submissions. Either party may renew the application at the hearing of the claim.