NM, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1182 (12 September 2012)

NM, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1182 (12 September 2012)

The prison's investigation was proportionate to the seriousness and circumstances of the incident; no breach of Article 3 investigative obligation occurred, as there was no state complicity, no systemic failure, and sufficient remedies were available; formal investigation under PSO 1300 was not required.

Citation
[2012] EWCA Civ 1182
Parties
Appellant / Claimant: R (NM); Respondent / Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
12 September 2012
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Article 3 ECHR Investigative Obligation, Prison Service Orders, Disability Discrimination, Procedural Breach, Vulnerable Prisoners
Human Rights Prison Law Disability Law Article 3 ECHR Investigative Obligation Prison Service Orders Disability Discrimination Procedural Breach Vulnerable Prisoners

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Parties

R (NM)

Appellant / Claimant

Secretary of State for Justice

Respondent / Defendant

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the prison's investigation into a sexual assault on a vulnerable prisoner complied with Article 3 ECHR investigative obligations
  2. 2 Whether a formal investigation under PSO 1300 was required
  3. 3 Whether effective participation was ensured for a disabled prisoner

Ratio Decidendi

The prison's investigation was proportionate to the seriousness and circumstances of the incident; no breach of Article 3 investigative obligation occurred, as there was no state complicity, no systemic failure, and sufficient remedies were available; formal investigation under PSO 1300 was not required.

Court Disposition

Appeal dismissed

Orders

  • No breach of Article 3 investigative obligation found
  • No order for formal investigation under PSO 1300