Neophytou v Governor of HMP Berwyn & Anor [2024] EWHC 2251 (Admin) (11 September 2024)

Neophytou v Governor of HMP Berwyn & Anor [2024] EWHC 2251 (Admin) (11 September 2024)

The governor erred in law by refusing to refer the claimant's application for early release on compassionate grounds to the Secretary of State/PPCS. The policy required referral where the criteria relating to the prisoner's health were arguably met, and the governor's delegated authority to refuse was limited to cases where it was clear the criteria were not met. The governor's decision was based on a misapplication of the policy and a failure to properly consider the cumulative effect of the claimant's circumstances and the medical evidence.

Citation
[2024] EWHC 2251 (Admin)
Parties
Claimant: Stefanos Neophytou; First Defendant: The Governor of HMP Berwyn; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision quashed
Legal Topics
Early Release on Compassionate Grounds, Judicial Review of Prison Decisions, Procedural Fairness, Delegation of Authority, Mental Health in Prison, Interpretation of Prison Policy
Public Law Prison Law Human Rights Early Release on Compassionate Grounds Judicial Review of Prison Decisions Procedural Fairness Delegation of Authority Mental Health in Prison +1 more

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Parties

Stefanos Neophytou

Claimant

The Governor of HMP Berwyn

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the prison governor erred in law by refusing to refer the claimant's application for early release on compassionate grounds to the Secretary of State/PPCS.
  2. 2 Whether the governor misapplied the relevant policy and failed to consider the claimant's health and family circumstances cumulatively.
  3. 3 Whether the governor's decision was irrational or procedurally unfair.

Ratio Decidendi

The governor erred in law by refusing to refer the claimant's application for early release on compassionate grounds to the Secretary of State/PPCS. The policy required referral where the criteria relating to the prisoner's health were arguably met, and the governor's delegated authority to refuse was limited to cases where it was clear the criteria were not met. The governor's decision was based on a misapplication of the policy and a failure to properly consider the cumulative effect of the claimant's circumstances and the medical evidence.

Court Disposition

Claim allowed; decision quashed

Orders

  • The governor's refusal to refer the claimant's application for early release on compassionate grounds is quashed.
  • The governor is ordered to refer the claimant's application to the Secretary of State/PPCS for determination in accordance with the policy.