The Queen/AX -v- The Principal and Governing Body of Burnley Further Education College (anonymity order)

Queen's Bench DivisionAnonymity Order

Claim no: CO/4103/2021

In the High Court of Justice
Queen’s Bench Division

2 December 2021

Before:

Mr Justice Murray

Between:

The Queen

on the application of

AX (A child by their litigation friend CX)

-v-

The Principal and Governing Body of Burnley Further Education College

ORDER

On an application by the Claimant for urgent consideration, interim relief and anonymity made within his application for judicial review of 1 December 2021

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Murray

  1. Pursuant to CPR r 39.2, the identity of the Claimant shall not be directly or indirectly disclosed. In these proceedings, and in any publication relating to these proceedings, the Claimant shall be known as “AX” and their litigation friend, the Claimant’s mother, shall be known as “CX”.
  2. The claim is suitable for expedition with an inter partes interim relief hearing to be heard on Wednesday, 8 December 2021 with a time estimate of one hour.
  3. The parties shall have liberty to apply to vary or set aside this order on two working days’ notice to the other parties.
  4. Costs reserved.

Reasons

  1. This matter concerns alleged unfairness in the “permanent” exclusion of the Claimant from their current educational institution, the Defendant, during their final year of A-levels. It is their case that they cannot find an alternative provider that offers the same courses that the Claimant is taking and that is within a reasonable commuting distance of their home by public transport.
  2. This is a case, therefore, involving the education of a child, where expedition is clearly justified: H v East Sussex County Council [2009] EWCA Civ 249 [13], [51].
  3. This has been arranged urgently to consider the interim relief sought. An hour has been allocated, and more time may not be available if the parties consider that the time estimate is too short. If, however, that is the view of the parties, the parties are to contact the Administrative Court Office within 2 working days of receiving this order to determine whether the hearing time can be extended.
  4. Anonymity is justified in this case under CPR r 39.2 to ensure effective protection of the Claimant’s right to respect for private and family life under Article 8 of the ECHR.