TDB -v- London Borough of Hackney (order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-000755

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

In the matter of an application for judicial review

14 April 2025

Before:

Judge Plimmer,
sitting as a Judge of the High Court

Between:

The King
on the application of
TDB
(by his Litigation Friend, NP)

-v-

London Borough of Hackney

Order

Notification of the Judge’s decision on the application for permission

Following consideration of the documents lodged by the Claimant and the Defendant

ORDER by Judge Plimmer sitting as a Judge of the High Court

  1. The application for permission to apply for judicial review is granted.

2. NP, the Claimant’s mother, shall be appointed as Litigation Friend. The identity of the Litigation Friend shall not be disclosed in order to respect the anonymity order granted regarding the Claimant in an Order dated 17 March 2025.

Reasons

  1. It is arguable, for the reasons identified in the Claimant’s grounds, that the Defendant acted arguably unlawfully in making the Care Act assessment dated 13 December 2024, which appears to be arguably inconsistent with previous decisions and arguably unsupported by the evidence (much of which does not appear to be disputed). It is arguable that the Care Act assessment decision is amenable to challenge, albeit this is a point that may need to be explored at the substantive hearing in the light of the extensive decision-making in May / June 2024.

2. It is appropriate to expedite the hearing and abridge the time generally provided within directions. As noted in the Order dated 17 March 2025, this is a case that appears to involve a very vulnerable Claimant at risk to himself and others. The Defendant has not opposed expedition.

Case Management Directions

  1. This matter has been expedited and shall be listed for a substantive hearing on the first available date after 6 weeks. TE 1 day.

2. The Defendant and any other person served with the Claim Form who wishes to contest the claim or support it on additional grounds shall, within 21 days of the date of service of this Order, file and serve (a) Detailed Grounds for contesting the claim or supporting it on additional grounds, and (b) any written evidence that is to be relied on. For the avoidance of doubt, a party who has filed and served Summary Grounds pursuant to CPR 54.8 may comply with (a) above by filing and serving a document which states that those Summary Grounds shall stand as the Detailed Grounds required by CPR 54.14.

3. Any application by the Claimant to serve evidence in reply shall be filed and served within 7 days of the date on which the Defendant serves evidence pursuant to 1(b) above.

4. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 14 days before the date of the hearing of the judicial review. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website. The parties shall, if requested by the Court lodge 2 hard- copy versions of the hearing bundle.

5. The Claimant must file and serve a Skeleton Argument not less than 14 days before the date of the hearing of the judicial review.

6. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 7 days before the date of the hearing of the judicial review.

7. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The parties shall if requested by the Court, prepare a hard-copy version of the authorities bundle. The electronic version of the bundle and if requested, the hard copy version of the bundle, shall be lodged with the Court not less than 2 days before the date of the hearing of the judicial review.

Signed: Judge Plimmer