TJ -v- Monmouthshire County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-CDF-000027

In the High Court of Justice
King’s Bench Division


Administrative Court

In the matter of an application for judicial review

19 March 2025

Before:

The Honourable Mr Justice Eyre

Between:

The King (on the application of)

TJ
(by his mother and litigation friend, SJ)

-v-

Monmouthshire County Council

ORDER

On an application by the Claimant for interim relief

Following consideration of the documents lodged by the Claimant

1.
(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s.6 of the Human Rights Act 1998:

(i) the Claimant’s name and that of his litigation friend are to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant and his litigation friend are to be referred to orally and in writing as TJ and SJ respectively.

(b) Pursuant to s.11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or his litigation friend or of any matter likely to lead to the identification of the Claimant or his litigation friend in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant or his litigation friend;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant or his litigation friend, a redacted copy omitting that information must be filed at the same time;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. The Defendant shall file and serve any response which it wishes to make to the application for interim relief by 12 noon on Monday 10 March 2025.
  2. The papers shall be referred to Eyre J for further consideration as soon as practicable after 12 noon on Monday 10 March 2025.
  3. The said referral shall be made even if at the time of the referral there has been no response from the Defendant.
  4. Costs reserved.

This order has been made without a hearing. Any party affected by this order may apply within 7 days of the service of this order on that party to have it set aside, varied, or stayed.

REASONS

(1) I have regard to the importance of the principle of open justice. I am nonetheless satisfied that it is necessary in the interests of justice for the anonymity order sought to be made.

(2) In light of the decision of the Court of Protection I am also satisfied that it is appropriate for the Claimant to act by a litigation friend and for his mother to fulfil that role.

(3) Both the preceding matters will be open to review and revision in the light of further information and/or further consideration.

(4) In light of the imminent threat of homelessness it is appropriate that there be urgent consideration of the Claimant’s application. It is not, however, appropriate for the application to be determined without the Defendant having been given a further opportunity to respond to the application. I am influenced in that assessment by the facts (a) that the relief sought requires positive action from the Defendant and (b) that it is said that Midway is a separate body from the Defendant in which case the relief sought in paragraph 3 of the draft order and which mirrors that given by HH Judge Keyser KC on 6 August 2024 would appear not to be effective or enforceable.