SW -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-003055
In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter of an application for judicial review
11 September 2024
Before:
the Honourable Mrs Justice Lang DBE
Between:
The King
on the application of
SW
-v-
Secretary of State for the Home Department (Defendant)
and
The Salvation Army (Interested Party)
Anonymity order
On the Claimant’s application for urgent consideration, an anonymity order and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “SW”.
2. No later than 14 days from the date of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
4. The Defendant must provide accommodation for the Claimant by midnight on 11 September 2024, pending the determination of the application for permission to apply for judicial review or further order.
5. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
6. Costs reserved.
Reasons
1. I have granted an anonymity order. The Claimant is a victim of trafficking who is entitled to anonymity pursuant to section 1(1) of the Sexual Offences (Amendment) Act 1992. In the circumstances, a departure from the general principle of open justice is justified.
2. The Claimant is a destitute and street homeless victim of trafficking who is highly vulnerable. He has a history of self-harm and mental ill-health, and he has significant difficulties with his cognitive ability and understanding.
3. As a victim of trafficking, he has been accommodated under the Modern Slavery Victim Care Contract. In August 2024, the Defendant concluded that this support should be terminated because the Claimant was eligible for support under section 4 of the Immigration and Asylum Act 1999. Contrary to the advice of the support provider, the Claimant was evicted before the section 4 accommodation had been provided, and is now sleeping rough.
4. The Claimant has demonstrated that there is a serious question to be tried and the balance of convenience lies in favour of providing him with accommodation immediately.
Signed: Mrs Justice Lang
Dated: 11 September 2024