The Queen on the application of E -v- West Northamptonshire Council (anonymity order)

In the matter of an application for judicial review
Date:

Before:
His Honour Judge Simon

Between:
THE QUEEN
on the application of
E (by her Litigation Friend, D)
-and-
WEST NORTHAMPTONSHIRE COUNCIL

ORDER by His Honour Judge Simon sitting as a Judge of the High Court

  1. 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, her Litigation Friend or any details leading to the identification of either. If referred to, the Claimant shall only be referred to as ‘E’ and her Litigation Friend as ‘D’.
  2. 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 by the letter ‘E’; (b) the Claimant’s Litigation Friend is referred to only by the letter ‘D’; and (c) any reference to the name and address of either has been deleted from those documents.
  3. The application for permission to apply for judicial review is adjourned to be listed in court as a “rolled-up hearing”, on notice to the Defendant, in the week commencing 29 August 2022. If permission to apply for judicial review is granted at that hearing, the Court will proceed immediately to determine the substantive claim.
  4. The application is to be listed for 1 day; the parties to provide a written estimate within 7 days of service of this order if they disagree with that estimate.
    Form JR 9. Judicial Review. Permission application – adjourn to rolled-up hearing. Version January 2021.
    Observations
  5. I am satisfied from the bundle filed thus far, the detailed chronology, the nature of the claim and the evidence about the impact that the current circumstances may be having on the Claimant, who is eight years old, that orders for urgent consideration of the application, expedition generally and a rolled-up hearing are, unusually, fully justified.
  6. Though I acknowledge the existence of an appeals process in respect of section B, F and I of E’s EHCP to the First-tier Tribunal (HESC) that is not a complete answer to the Claim in the very particular circumstances of this case.
  7. I also note the very active involvement of those representing E, which contrasts with less certain levels of engagement of the Defendant in a process that has inherent urgency about it, particularly in light of the available expert and professional evidence. The urgency exists also due to the impending beginning of the new school year.
    Case Management Directions
  8. The Claimant must, within 7 days of the date of service of this Order, file an undertaking to pay the continuation fee (see notes below) if permission to apply for Judicial Review is granted.
  9. 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 [7] 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.
  10. Any application by the Claimant to serve evidence in reply shall be filed and served within [5] days of the date on which the Defendant serves evidence pursuant to 2 above.
  11. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than [5 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.
  12. The Claimant must file and serve a Skeleton Argument not less than [5] days before the date of the hearing of the judicial review.
    Form JR 9. Judicial Review. Permission application – adjourn to rolled-up hearing. Version January 2021.
  13. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than [2] days before the date of the hearing of the judicial review.
  14. 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 [3] days before the date of the hearing of the judicial review.
  15. CPR 2.11 shall not apply to these proceedings.