Case Number: CO/4544/2022
In the High Court of Justice
King’s Bench Division
8 December 2022
In the matter of an application for Judicial Review
Mrs Justice Steyn
on the application of
Northamptonshire Children’s Trust
On an application by the Claimant dated 2 December 2022
Following consideration of the documents lodged by the Claimant
Order by the Honourable Mrs Justice Steyn DBE
- The Claimant has permission to conduct these proceedings without a litigation friend pursuant to CPR Rule 21.2(3).
- The Claimant’s application for an anonymity order is granted under CPR r. 39.2(4). No report or publication of these proceedings shall directly or indirectly identify the Claimant, who shall be referred to in these proceedings as ‘ZR’. Pursuant to CPR r.5.4(c), a person who is not a party to the proceedings may obtain a copy of the statement of case, judgment or order of the court records, only if the statement of case, judgment or order from the court has been anonymised.
- By 4pm on Monday 19 December, the Defendant will file and serve an acknowledgment of service and summary grounds of defence, including a written response to the Claimant’s application for interim relief.:
- The Claimant’s application for permission and interim relief shall be put before a judge for consideration on the papers within 7 days of the Defendant’s Acknowledgement of Service being filed or the expiry of time within which it is due, whichever is sooner.
- Liberty to apply on notice for this Order to be varied or set aside.
- Costs reserved.
- This order is made having considered the Claimant’s application and accompanying documents and without sight of any response from the Defendant. I have granted liberty to apply.
- On the Claimant’s case, he is 16 years old whereas on the Defendant’s case he is an adult. The Claimant applies for an order pursuant to CPR 21.2(3) that he be permitted to conduct these proceedings without a litigation friend. In circumstances where he is at least 16 years old, does not have any special educational need, and no particular vulnerability or characteristic has been identified that would make it inappropriate for him to conduct this litigation without a litigation friend, I have granted the order sought.
- Having weighed articles 8 and 10 of the European Convention on Human Rights, and taking into account the fact that the Claimant is a putative child and an asylum seeker, I grant his application for an anonymity order.
- Given that the Claimant is being accommodated in adult accommodation, and on his case he is a child, I consider it appropriate to abridge time for the Defendant’s acknowledgment of service. However, I have given the Defendant until Monday 19 December, rather than Friday 16 December, in order to ensure that the Defendant has sufficient time to provide a proper response to the claim and the application for interim relief. I have not required the Defendant to file evidence in response to the application for interim relief. It is a matter for the Defendant whether it wishes to file evidence at this stage.