Gourlay, R (on the application of) v The Secretary of State for Justice & Ors

The claimant was provided with an opportunity reasonable in all the circumstances to rehabilitate himself. The failure to provide a specific course for deniers or additional one-to-one work did not amount to a breach of public law or ECHR duties. The duty is not to do everything conceivable but to provide reasonable opportunities, which were given. The claim for judicial review is dismissed.

Parties: Claimant: Robert Gourlay; First Defendant: Secretary of State for Justice; Second Defendant: Sodexo Limited
Jurisdiction: England and Wales
Judgment Date: 29 July 2016
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Article 5 ECHR, Rehabilitation of Prisoners, Provision of Offending Behaviour Programmes, Systemic and Individual Duties, Private Prison Duties

Public Law Human Rights Prison Law Article 5 ECHR Rehabilitation of Prisoners Provision of Offending Behaviour Programmes Systemic and Individual Duties Private Prison Duties

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Parties

Robert Gourlay

Claimant

Secretary of State for Justice

First Defendant

Sodexo Limited

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the defendants breached public law and ECHR duties to facilitate rehabilitation for a life sentence prisoner in denial of sexual offending
2 Whether there was a systemic failure to provide suitable offending behaviour programmes for prisoners in denial
3 Whether the individual treatment of the claimant denied him a reasonable opportunity to rehabilitate himself

Ratio Decidendi

Court Disposition

Claim dismissed