Fajr Ellis, R (on the application of) v Secretary of State for Education & Anor

Fajr Ellis, R (on the application of) v Secretary of State for Education & Anor

The challenge to the 2016 Regulations was out of time and, even if in time, would fail as the distinction in loan provision for prisoners is justified and proportionate. The general restrictions on access to education in prison were operational, not systemic, and did not breach A2P1 or Article 14. The decision to remove the Claimant's Chromebook was procedurally unfair, failed to consider relevant evidence, and was not justified on the facts, thus unlawful as a matter of domestic public law, but did not amount to a breach of A2P1.

Parties
Claimant: Fajr Ellis; First Defendant: Secretary of State for Education; Second Defendant: Secretary of State for Justice; Interested Party: Student Loans Company Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; judicial review succeeds only in respect of the Chromebook decision.
Legal Topics
Right to Education, Prisoners' Rights, Discrimination, Judicial Review Procedure, Student Loans, Procedural Fairness
Constitutional Law Administrative Law Prison Law Education Law Human Rights Right to Education Prisoners' Rights Discrimination +3 more

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Parties

Fajr Ellis

Claimant

Secretary of State for Education

First Defendant

Secretary of State for Justice

Second Defendant

Student Loans Company Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the 2016 Regulations unlawfully restrict prisoners' access to student loans and breach Article 2 Protocol 1 (A2P1) ECHR
  2. 2 Whether general restrictions on access to educational resources in prison breach A2P1 and/or are unlawfully discriminatory under Article 14 ECHR
  3. 3 Whether the decision to remove the Claimant's Chromebook and restrict IT access was unlawful and/or breached A2P1

Ratio Decidendi

The challenge to the 2016 Regulations was out of time and, even if in time, would fail as the distinction in loan provision for prisoners is justified and proportionate. The general restrictions on access to education in prison were operational, not systemic, and did not breach A2P1 or Article 14. The decision to remove the Claimant's Chromebook was procedurally unfair, failed to consider relevant evidence, and was not justified on the facts, thus unlawful as a matter of domestic public law, but did not amount to a breach of A2P1.

Court Disposition

Claim allowed in part; judicial review succeeds only in respect of the Chromebook decision.

Orders

  • The decision to remove the Claimant's Chromebook and restrict IT access is quashed as unlawful.
  • No relief granted in respect of the challenge to the 2016 Regulations or general restrictions on access to education.