LW & Ors v Sodexo Ltd & Anor (Rev 1)

LW & Ors v Sodexo Ltd & Anor (Rev 1)

The Secretary of State breached his positive obligation under Article 8 ECHR by failing to ensure adequate and effective safeguards, specifically proper training and supervision of Sodexo staff, resulting in systemic unlawful strip searches at HMP Peterborough; the monitoring framework was insufficient to prevent breaches before they occurred.

Parties
Claimant: LW; Claimant: Samantha Faulder; Claimant: KT; Claimant: MC; First Defendant: Sodexo Limited; Second Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claims allowed
Legal Topics
Positive Obligations Under ECHR, Strip Searching in Prisons, Contracted Out Prisons, Monitoring and Supervision, Article 3 ECHR, Article 8 ECHR, Training of Prison Staff, Transgender Prisoner Rights
Constitutional Law Human Rights Law Administrative Law Prison Law Positive Obligations Under ECHR Strip Searching in Prisons Contracted Out Prisons Monitoring and Supervision +4 more

Case Brief

Summary, issues, holding and outcome

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Parties

LW

Claimant

Samantha Faulder

Claimant

KT

Claimant

MC

Claimant

Sodexo Limited

First Defendant

Secretary of State for Justice

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State provided adequate and effective safeguards against breaches of Articles 3 and 8 ECHR in contracted out prisons
  2. 2 Whether systemic failures in training and supervision led to unlawful strip searches
  3. 3 Whether the legal and administrative framework satisfied positive obligations under Article 8 ECHR

Ratio Decidendi

The Secretary of State breached his positive obligation under Article 8 ECHR by failing to ensure adequate and effective safeguards, specifically proper training and supervision of Sodexo staff, resulting in systemic unlawful strip searches at HMP Peterborough; the monitoring framework was insufficient to prevent breaches before they occurred.

Court Disposition

Claims allowed

Orders

  • Declaration that the Secretary of State failed to provide adequate and effective safeguards against breaches of Article 8 ECHR at HMP Peterborough in relation to strip searches of the Claimants
  • Counsel invited to draw up suitable form of declaratory order