XXX -v- East Sussex County Council (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-000526

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

16 February 2024

Before:

The Honourable Mr Justice Sweeting

Between:

The King on the application of
XXX

-v-

East Sussex County Council

Order

On an application by the Claimant for interim relief and anonymity

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Sweeting

1. The Claimant shall be referred to in these proceedings as “XXX”, and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or any particulars of the case likely to lead to the identification of the Claimant or her son without the leave of the court. Any person has liberty on three days’ written notice to the parties to apply to vary or discharge this order

2. The Defendant shall serve and file a response to the Claimant’s application for urgent relief by midday on 21st February 2024 and the application will then, and in any event, be placed before the Immediates judge or another judge of the Administrative Court for urgent consideration.

3. Cost reserved.

Reasons

1. In ordering anonymity, I am satisfied that the best interests of the Claimant’s child, for whom this litigation is pursued, outweigh the open justice principle.

2. It appears that the Defendant has not complied with the order made by the First-tier Tribunal Special Educational Needs and Disability on 18 December 2023 either by amending the Claimant’s son’s Education and Health Care Plan or, in accordance with the tribunal’s decision, taking steps to permit his attendance at a designated residential school. The effect of this is that he was not able to resume his education, at school, on the 17th of January of this year as was intended. I understand from the Claimant’s email of the 15th of February that the next date on which he could be accepted into his year group at the school is the 27th of February.

3. Whatever other issues may arise there should, plainly, not be any delay in allowing a 13 year old boy to attend the school which the tribunal determined was appropriate for his needs.

4. I have allowed a short period for the defendant to explain its position in response to the application. It is possible that the resolution of the urgent relief applied for may well render the application for judicial review otiose.