Dixon, R (on the application of) v The Secretary of State for Justice

Dixon, R (on the application of) v The Secretary of State for Justice

The delay in provision of the psychological assessment was not sufficiently serious, given the short-term staffing difficulties and reasonable approach to external reports, to amount to a breach of the ancillary duty under Article 5(4) ECHR; no breach of public law duty was established.

Parties
Claimant/appellant: Francis Dixon; Defendant/respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
14 July 2017
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed; permission to appeal on second ground refused.
Legal Topics
Article 5 ECHR, Prisoner Release, Parole Board Review, Delay in Prison Services
Public Law Human Rights Article 5 ECHR Prisoner Release Parole Board Review Delay in Prison Services

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Parties

Francis Dixon

Claimant/appellant

Secretary of State for Justice

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether delay in provision of psychological assessment breached Article 5(4) ECHR
  2. 2 Whether delay amounted to breach of ancillary duty under Article 5(4)
  3. 3 Whether public law duty was breached

Ratio Decidendi

The delay in provision of the psychological assessment was not sufficiently serious, given the short-term staffing difficulties and reasonable approach to external reports, to amount to a breach of the ancillary duty under Article 5(4) ECHR; no breach of public law duty was established.

Court Disposition

Appeal dismissed; permission to appeal on second ground refused.