YC -v- Hampshire County Council (consent order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2026- LON-000915

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

12 May 2026

Before:

David Pittaway KC,
Deputy High Court Judge

Between:

The King
on the application of
YC
(by her mother and proposed litigation friend, LF)
(Claimant)

-v-

Hampshire County Council
(Defendant)

and

NHS Hampshire and Isle of Wight Integrated Care Board
(Interested Party)

Consent order

UPON:

A. The Claimant having brought proceedings on 10 February 2026, challenging the outcome of the Defendant’s social care assessment dated 12 November 2025.

B. The Defendant filing an acknowledgement of service dated 20 March 2026, in which it asserts there is no alleged blanket policy not to provide social care provision to children who are aged 0-4, and the remaining grounds are academic as the Claimant parents have separated and the Defendant has offered to undertake a further assessment in light of this change in circumstances.

C. In offering to undertake a further assessment, the Defendant’s position is that it maintains that the assessment under challenge is lawful and it stands by the position set out in the acknowledgment of service.  

D. The Claimant’s mother and litigation friend disputing she has been contacted by the Defendant with an offer of a new assessment and expressing her concerns that this will now be the third assessment of needs (not including the s.47 safeguarding enquiry recently completed by the Defendant which once again confirmed she was not eligible for support). However she is agreeable to a further assessment providing that it reassesses eligibility lawfully. In light of the Defendant agreeing to reassess, her position is that the claim is rendered academic because the existing decision on eligibility will now be superseded by a new decision.

E. The Defendant providing the following assurances to the extent that a further lawful Children and Families Assessment will be carried out:

a. That the new assessment will be completed within a maximum of 45 working days in line with statutory guidance but that the Defendant will use its reasonable endeavours to complete the assessment within 20 working days if
possible;

b. That the eligibility criteria will be applied lawfully to the circumstances of the Claimant’s case;

c. That consideration will be given to the litigation friend’s witness statement when the assessment is undertaken;
That the Defendant:

i. will not unlawfully fetter its discretion;

ii. confirms that the further assessment will comply with the Defendant’s legal duties including statutory duties;

  1. under section 11 Children Act 2004 to discharge its functions having regard to the need to safeguard and promote the welfare of children;
  2. under section 10 Children Act 2004, section 17ZF Children Act 1989 (including a decision as to what support the Claimant’s parents are entitled to as parent carers), section 82 NHS Act 2006 and section 26 Children and Families Act 2014 to cooperate with health services;  

F. For the avoidance of doubt the Defendant is unable to provide any assurances on the outcome of a Children and Families assessment of the Claimant’s needs, because any assessment is needs led and the outcome can only be determined after an assessment.

G. The Claimant in accepting the offer of a new Children and Families Assessment of the Claimant’s needs agrees to withdraw the claim.

H. The Claimant considering that as she has been largely successful in her claim and the previous assessment will now be replaced by the new assessment offered by the Defendant, that the Defendant should pay her reasonable costs. The Defendant’s position is it should not pay any of the Claimant’s costs – this is because (a) the new
assessment arises from a change in circumstances separate from the claim, and (b) it considers that not all the grounds are rendered academic in any event.

IT IS ORDERED THAT:

  1. The claim is withdrawn.
  2. The Defendant shall use its reasonable endeavours to complete a reassessment of the Claimant’s social care needs that complies with the legal duties listed above, within 20 working days of this order being submitted to the Court, or if that is not possible within a longstop date of 45 days from this order being submitted to the Court.
  3. The parties shall use all reasonable endeavours to agree liability for costs of the claim for judicial review.
  4. In the event that it is not possible to reach agreement on costs, the parties shall make written submissions in accordance with the Administrative Court Office Costs Guidance (April 2016) as follows:

a. Within 28 days of the service of this order upon the parties, the Defendant may file with the Court, and serve on the Claimant, submissions as to what the appropriate order for costs should be.  

b. Where the Defendant does not file submissions in accordance with the above the Defendant will be ordered to pay the Claimant’s costs of the claim on the standard basis and for these to be the subject of detailed assessment if not agreed. However, if the Court considers that such an order would be wrong or unfair in all the circumstances, it shall make such other costs orders as it sees fit, or it may require submissions from any party in the case within a specified time, or extend time for the service of the Defendant’s submissions.

c. Where submissions are filed and served by the Defendant, the Claimant may file and serve submissions in reply within 14 days of the service of those submissions.

d. Where no submissions are filed by the Claimant in accordance with the above, the Court will make the Order sought by the Defendant. However, if the Court considers that such an order would be wrong or unfair in all the circumstances, it shall make such other costs orders as it sees fit, or it may require submissions from any party in the case within a specified time, or extend time for the service of the Claimant’s submissions.

e. Where submissions are filed by the Claimant, the Defendant shall have 7 days in which to file and serve a reply.

f. If the Court thinks it necessary in the interests of justice, it may seek any further submissions from any party. A party may also apply for permission within 14 days of the service of previous submissions to lodge further submissions provided it explains what new point has arisen in those previous submissions to which it needs to reply.

g. Submissions should be of a normal print size and should not normally exceed two A4 pages in length unless there is compelling reason to exceed this which is properly explained in the submissions.

  1. There shall be detailed assessment of the Claimant’s publicly funded costs.  

Anonymity Order

  1. Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s.6 Human Rights Act 1998:
    i. The Claimant’s name and that of the Litigation Friend are to be withheld from the public and must not be disclosed in any proceedings in public;
    and
    ii. The Claimant is to be referred to orally and in writing as YC
    iii. The Litigation Friend is to be referred to orally and in writing as LF
  1. Pursuant to s.11 of the Contempt of Court Act 1982, there must be no publication of the identity of the Claimant or the Litigation Friend or of any matter likely to lead to the identification of them in any report or, or otherwise in connection with, these proceedings.
  2. Pursuant to CPR 5.4C(4):

    i. The parties must within 14 days file a redacted copy of any statement of case and witness statement or exhibit, omitting the name, address and any other information likely to lead to the identification of the Claimant
    or the Litigation Friend;

    ii. If any statement of case or witness statement or exhibit subsequently filed includes information likely to lead to the identification of the Claimant or the 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 may obtain a copy of any unredacted statement of case or document.

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

    BY THE COURT

    Approved By: David Pittaway KC DHCJ

    12/05/2026