WCB -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/496/2023

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

1 August 2023

Before:

Dexter Dias KC, sitting as a Deputy High Court Judge

Between:

The King on the application of
WCB

-v-

Secretary of State for the Home Department

Order

On an application by claimant for anonymity and case management directions
Following consideration of the documents lodged by the Claimant and the Defendant
ORDER by Dexter Dias KC, sitting as a Deputy High Court Judge

  1. Anonymity granted. The claimant shall be known as WCB.
  2. No-one shall publish or reveal any information, including the name or address of the claimant, likely to lead members of the public to identify him.
  3. Permission is granted pursuant to CPR 21.2(3) to the claimant to conduct proceedings without a litigation friend.
  4. The Statement of Facts and Grounds (“SFG”) attached to the Application Notice (“AN”) dated 7 July 2023 to constitute the SFG in the case.
  5. The defendant to have 14 days from the date of this order to file her Summary Grounds (“SG”).
  6. The case to be placed before a judge of the High Court on the papers at the first opportunity following receipt of SG for any further case management directions.

Reasons

Anonymity order

  1. The claimant is a child. There is no objection to the claimant being granted anonymity. The order is plainly necessary and proportionate as a matter of proper safeguarding and protection the prevailing consideration in the balance of rights, which decisively falls in favour of protecting the child.
  2. However, the proposed substitute party name of “DKR” unnecessarily reflects the claimant’s initials. He will be known a WCB.
  3. It is proportionate and appropriate to conduct proceedings without the claimant being supported by a litigation friend, given his age and the fact an interpreter will facilitate the proper taking of instructions.

Substantive claim

  1. By the AN of 7 July 2023, the claimant sought to file an “amended” SFG (themselves dated 6 July 2023, N461 bundle, p44). By an email dated 14 July 2023, the defendant objects to various paragraphs in the claimant’s draft order.
  2. This claim has had a far from conventional procedural history. Nevertheless, it must now be regularised especially since the issues around children or purported children released from the Manston “processing facility” in Kent remain of significant public interest.
  3. Thus the (“Amended”) SFG attached to the AN will now be deemed the SFG in the case.
  4. The defendant must have proper opportunity to respond. The defendant is granted 14 days from the date of this order to file SG, the court abridging time in some measure as there is an established procedural history in the case and the defendant is not coming to the claim completely fresh. There must now be progress in the claim.
  5. Once the SG have been received, the case to be considered on the papers by judge of the High Court for any further necessary case management directions. The timetable set out in the draft order is for present purposes premature.