SVA -v- Birmingham City Council (anonymity order)

County CourtAnonymity Order

Claim number: M00BM790

In the County Court at Birmingham

25 June 2025

Before:

Deputy District Judge Caun

Between:

SVA (a protected party by L/F the Official Receiver)

-v-

Birmingham City Council

Order

Before Deputy District Judge Caun sitting at the County Court at Birmingham, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS.

AND UPON READING an application notice and draft order filed by the Solicitors for the Applicant
(1) Consideration of the Article 8 rights of the Applicant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Applicant is necessary to secure the proper administration of justice and in order to protect the interests of the Applicant and that there is no sufficient countervailing public interest in disclosure.
(3) The Respondent having not stated any opposition to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).

WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT

Anonymity

  1. The identity of the Applicant as a party to these proceedings shall not be published.
  2. Pursuant to s11 Contempt of Court Act 1981, there must be no publication of the identity of the Applicant or of any matter likely to lead to the identification of the Applicant in any report of, or otherwise in connection with, these proceedings. The Applicant shall be referred to as set out at paragraph 3 of this Order. This Order shall last for the duration of the Claimant’s lifetime.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Applicant shall be referred to as “SVA”.
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Applicant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C(4):
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (ii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Applicant’s solicitor, trustee or deputy.
  5. The Applicant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 4pm on 18 July 2025 and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order including orders, that the Applicant’s name shall not be published, imposing reporting restrictions in respect of these proceedings and restricting non-party access to documents from the Court file was made in this case on [date of this Order]. 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. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Applicant’s solicitor, trustee or deputy.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls 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
  9. The costs of obtaining this order be costs in the application.
    Pre Action Disclosure
  10. The Respondent shall by 4 PM on 4pm on 18 July 2025, provide the Applicant’s solicitors with the remaining files of social services records for the Applicant previously identified by the Respondent.
  11. The Respondent shall also confirm that no further records are held by the Respondent in addition to those identified at paragraph 1 above of this Order. In the event that the Respondent does identify any additional social services records that require disclosure, the Respondent shall notify the Applicant by no later than 4 PM on 25 July 2025 and provide disclosure of these identified records by no later than 4 PM on 22 August 2025.
  12. The Respondent shall pay the Applicant’s costs of the application on a standard basis, to be assessed if not agreed. The deadline for commencement of assessment proceedings is extended until three months following the conclusion of the Applicant’s underlying proposed claim.
  13. This order has been made by the Court under CPR 23.9, as the court has disposed of an application without hearing and without service. Any party may apply to have this order set aside or varied within 7 days of the date of service of this order on that party