SVW -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON000023

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

14 August 2023

Before:

The Honourable Mrs Justice Ellenbogen DBE

Between:

The King on the application of
SVW

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant that her application for interim relief be listed for hearing on 30 August 2023, with associated directions

And on the Claimant’s application for anonymity
And on consideration of the documents lodged by the Claimant

ORDER AND DIRECTIONS by The Honourable Mrs Justice Ellenbogen DBE

  1. The identity of the Claimant in these proceedings shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings, or other publication (by whatever medium) in relation to these proceedings, the name or address of the Claimant or any other matters which could lead to her identification.
  3. In any report of these proceedings, or other publication (by whatever medium) in relation to these proceedings, the Claimant shall be referred to as “SWR” and any matters which could lead to the identification of the Claimant shall be redacted.
  4. Pursuant to CPR Rule 5.4C:
    a. a person who is not a party to the proceedings may obtain a copy of a claim form, judgment or order from the court records only if the same has been anonymised and redacted in accordance with paragraphs 2 and 3 of this Order;
    b. if a person who is not a party to the proceedings applies for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ written notice to the Claimant’s solicitors;
    c. any interested party, whether or not a party to the proceedings, may apply to the Court to vary or revoke paragraphs 1 to 4(b) of this Order, provided that any such application is made on written notice to the Claimant’s solicitors and that 3 days’ prior written notice of the intention to make such an application is given.
  1. By 10:00am on Thursday 17 August 2023, the Defendant is to file and serve her response to the Claimant’s application for interim relief, which is to include a full account of the position as it stands at the date of that document, and of the practical steps taken by all relevant parties to find and assess suitable accommodation for the Claimant in the London Borough of Haringey, since 17 April 2023, together with any supporting evidence.
  2. By midday on Monday 21 August 2023, the Claimant shall file and serve any reply to the Defendant’s response, together with any supporting evidence.
  3. As soon as practicable upon receipt by the Court of the documentation to be filed pursuant to paragraphs 5 and 6 above and, in any event, by no later than 10:00am on Tuesday, 22 August 2023, the papers are to be put before a judge of the Administrative Court, for consideration of the Claimant’s application for interim relief. At that stage, the judge may determine the Claimant’s application, or give directions for further submissions and/or an oral hearing (if necessary, listed at short notice to the parties).
  4. Liberty to each party to apply to vary or set aside the above orders, on no less than one working day’s written notice to the other party and to the court.
  5. Costs reserved.

Reasons

  1. This matter is before me as ‘immediates’ judge.
  2. The Claimant is a Ugandan national asylum-seeker, whom the Defendant’s medical advisor has authorised to be housed, by way of support under section 95 of the Immigration and Asylum Act 1999, in ‘self-contained accommodation, within 30 minutes; travelling time of Haringey’, by decision dated 17 April 2023. The Claimant is in receipt of long-standing critical care from the Haringey Early Intervention Team (‘HEIT’) in connection with her acute mental health needs. On 1 August 2023, the Defendant moved the Claimant to an address in Ealing, approximately 1 hour and 20 minutes’ travel time from the HEIT. It is that decision which the Claimant seeks permission to challenge by way of judicial review, as being irrational and inadequately reasoned in the context of its decision made in April 2023, alternatively as running contrary to the legitimate expectation created by the latter.
  3. The Claimant’s application concerns her health and wellbeing. Given the Claimant’s state of health and need to travel to and from the HEIT several times a week, it has an intrinsic urgency. Her consultant physician has stated her concern that the Claimant’s distance from the location of her healthcare ‘will impact her ability to engage with the management plans for her various health conditions’, together with her view that ‘it is really crucial that the housing as requested is in Haringey to enable her continued and specialist care’. As the Claimant recognises, the Court will be assisted by the Defendant’s response to her application, which, so far as consistent with its urgency, she must be given appropriate time to provide. The time allowed by paragraph 5 of the above order strikes that balance and the orders made by paragraphs 5 to 7 may obviate the need for a hearing and allow for any hearing which is required to be listed at short notice.
  4. The Claimant has a live asylum claim and a number of conditions affecting her physical and mental health. On that basis, I am prepared to grant the anonymity order sought at this stage; the potentially competing rights to freedom of expression and a fair trial (the principle of open justice) are protected by the liberty to apply provision at paragraph 4(c),(which extends to the Defendant and would include representatives of the Press and other media as interested parties).