SXS -v- Secretary of State for the Home Department (anonymity order)
Ref: CO/1593/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
5 May 2022
Before:
The Honourable Mrs Justice Foster DBE
Between:
The Queen on the application of SXS
-v-
Secretary of State for the Home Department
ORDER
By the Honourable Mrs Justice Foster DBE
1. UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules. The Claimant shall hereinafter be referred to in these proceedings as SXS.
2. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant, or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as SXS.
3. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as SXS and (b) that any reference to the names of the Claimant be deleted from those documents.
4. Any person affected by paragraphs 1 to 3 of this Order may apply on notice to all parties to have this Order set aside or varied.
5. The requirement for an Acknowledgement of Service is dispensed with.
6. The Defendant do provide such Summary Grounds of Defence as it wishes to rely upon by Friday, 13 May 2022 together with the relevant detention records and any other relevant documentation.
7. The Application for permission and interim relief to be listed urgently in the High Court as soon as reasonably possible after 17 May 2022 with a time estimate of 45 minutes.
8. The parties are to provide a time estimate within three days of service of this Order if
they disagree with the estimate at paragraph 7 above.
9. The Claimant must file and serve a Skeleton Argument not less than 48 hours before the
hearing.
10. The Defendant must file and serve a Skeleton Argument not less than 24 hours before
the hearing.
11. Liberty to both parties to apply to vary this Order on 48 hours notice in writing by email
to the Court and to the other side.
12. Costs reserved.
Observations
1. It is claimed that the Defendant wrongly assessed the Claimant as being a Level 2 Adult
at Risk rather than Level 3, contrary to the terms of her policy quoted §§31-32 above.
Dr Mumtaz in a Rule 35 report of 27 March 2022. He is a (to date) failed asylum seeker
with wounds consistent with his account of torture in Brazil.
2. If the Claimants are correct this matter is urgent because the Claimant’s mental health is
declining and the SSHD may not have addressed her mind to the available medical
evidence either at the time or subsequently.
3. The new Medical Report is in any event relevant as reflecting the current position and
she must have an opportunity properly to consider it, hence the timescales requested on
behalf of the Claimant have been enlarged to make this reasonably possible.
4. A Bail application has also been made and should be heard soon.