W -v- Oxfordshire County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/1975/2023

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

1 June 2023

Before:

Mr Justice Constable

Between:

The King on the application of
W (by her mother and litigation friend Z)

-v-

Oxfordshire County Council

Order

On the Claimant’s application for interim relief
NOTIFICATION of the Judge’s decision
Following consideration of the documents lodged by the Claimant
ORDER by Mr Justice Constable
IT IS ORDERED THAT:

  1. This matter is certified as suitable for expedition.
  2. The Defendant is to file and serve acknowledgement of service and summary grounds of defence within 14 days after service of the Claim Form.
  3. The matter be listed for a rolled-up hearing for the first available date after 30 June 2023, with a time estimate of half a day.
  4. 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 her mother and litigation friend or any details leading to their identification. If referred to, they shall only be referred to as “W” and “Z” respectively.
  5. 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 and her mother and litigation friend are referred to in those documents only by the letters “W” and “Z” respectively; and (b) any reference to their names have been deleted from those documents.
  6. Costs reserved.

Reasons

  1. This case involves the provision of in respect of a vulnerable child who is out of school and who despite being in the Defendant’s area for over 6 months remains without the provisions outlined in the ECH Plan dated 30 March.
  2. As observed by Scott Baker LJ in H v East Sussex County Council [2009] EWCA Civ 249 at [51]: ‘Cases that involve issues about the education of a child are par excellence cases that need to be heard and determined expeditiously.”
  3. The granting of an anonymity order in the case of a child is appropriate, and in relation to the litigation friend, this is necessary to preserve the anonymity of the child.

Note

As this decision has been made without a hearing pursuant to CPR 23.8, a party may apply to have this order set aside, varied or stayed, pursuant to PD23A 11.2 and CPR 3.3(4) to (6). The time limit for making such an application is 7 days after the service of this order on the party making the application.