YY -v- Westminster City Council (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-000606

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

In the matter of an application for judicial review

7 April 2025

Before:

Andrew Kinnier KC
(Sitting as a Deputy Judge of the High Court)

The King
on the application of
YY
(by her Mother and Litigation Friend, AA)

-v-

Westminster City Council

Order

On an application by the Claimant for permission to apply for judicial review

Following  consideration of the documents lodged by the Claimant, the Defendant’s Acknowledgement of Service and Summary Grounds of Defence and the Claimant’s Reply 

ORDER BY ANDREW KINNIER K.C. 
(Sitting as a Deputy Judge of the High Court)

  1. Anonymity:

(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 her Mother and Litigation Friend is 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 “YY” and her Mother and Litigation Friend as “AA”.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or her Mother and Litigation Friend or of any matter likely to lead to the identification of the Claimant or her Mother and 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 her Mother and Litigation Friend;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant or her Mother and 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. Adjournment of permission to a hearing:

(a) The application for permission to apply for judicial review is adjourned to be determined after a hearing.

(b) The permission hearing is to be listed with a time estimate of 1 hour and 30 minutes, including submissions by the parties and an oral judgment by the judge. If the Claimant considers that more time should be allowed, her solicitors should write to the Court immediately.

(c) Within 21 days of the service of this Order, the Claimant must file and serve an electronic copy of the Permission Hearing Bundle, prepared in accordance with the guidance on the Administrative Court website and containing the following documents:

(i) the Claim Form, Statement of Facts and Grounds and any evidence or other documents filed with the Claim Form;

(ii) any Acknowledgment of Service, Summary Grounds of Defence and any accompanying documents served by any Defendant and/or Interested Party;

(iii) any Reply or other document served by any party to the proceedings at the paper permission stage; 

(iv) this Order;

(v) any other document the Court would be likely to consider material to its decision on permission to apply for judicial review.

(d) If the Claimant fails to comply with sub-paragraph (b), permission will be determined on the basis of the documents before the Court at the paper stage, unless at the hearing the Court otherwise directs.

(e) At least 7 days before the date listed for the hearing, the Claimant must file and serve:

(i) a skeleton argument, maximum 10 pages;

(ii) an electronic bundle containing any authorities which the Court needs to read at the hearing (the Authorities Bundle: see para. 22.1.2 of the Administrative Court Judicial Review Guide); and

(iii) if requested by the Court, a hard copy version of the Permission Hearing Bundle and Authorities Bundles.

(f) At least 7 days before the date listed for the hearing, any party other than the Claimant intending to participate in the hearing must file and serve any skeleton argument, maximum 10 pages.

(g) If a party fails to comply with sub-paragraph (b), (d) and/or (e), the Court may have regard to the failure when considering any question about costs at the hearing.

REASONS

(1) Anonymity: The Claimant is a 5-year old child and her claim relies on personal medical information in which the Claimant has a reasonable expectation of privacy. There are accordingly compelling reasons for the limited derogations from the principle of open justice in para. 1.

(2) Adjournment of permission to a hearing: Having regard to the contents of the Defendant’s Summary Grounds of Defence and the Claimant’s Reply, the question of permission in this case is best decided with the benefit of oral submissions at a hearing. Four points are particularly relevant to permission:
(a) Whether and, if so, to what extent the Claimant’s needs can be met in a mainstream school setting without substantial additional support having regard to the FTT (SEND)’s decision of 11 March 2025 (in particular, its conclusion at para. 18);
(b) Whether and, if so, to what extent there are alternative remedies available to the Claimant; and
(c) Whether and, if so, to what extent it is reasonably practicable for the Claimant to attend school;
(d) The apparently significant delay in the Claimant issuing proceedings and, if so, whether there is a good reason to extend time under CPR 54.5.

Signed: Andrew Kinnier K.C. Date: 7 April 2025