LW & Ors v Sodexo Ltd & Anor (Rev 1) [2019] EWHC 367 (Admin) (20 February 2019)

LW & Ors v Sodexo Ltd & Anor (Rev 1) [2019] EWHC 367 (Admin) (20 February 2019)

The Secretary of State's positive obligations under Articles 3 and 8 ECHR require not only the existence of an appropriate legal and policy framework but also effective supervision and monitoring to ensure implementation. In this case, despite the existence of PSI 07/2016 and oversight mechanisms, there was a systemic failure at HMP Peterborough to implement the required safeguards, as admitted by Sodexo. The Secretary of State failed to provide adequate and effective safeguards at HMP Peterborough at the relevant time to protect the Claimants against violations of their rights under Articles 3 and 8 ECHR.

Citation
[2019] EWHC 367 (Admin)
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
Declaration granted
Legal Topics
Strip Searches in Prisons, Positive Obligations Under ECHR, Contracted Out Prisons, Article 3 ECHR, Article 8 ECHR, Equality Act 2010, Prison Service Instructions, State Responsibility for Private Contractors
Public Law Human Rights Law Prison Law Strip Searches in Prisons Positive Obligations Under ECHR Contracted Out Prisons Article 3 ECHR Article 8 ECHR +3 more

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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 for Justice failed to provide adequate and effective safeguards at HMP Peterborough to protect prisoners against violations of Articles 3 and 8 ECHR in the context of strip searching by a private contractor.
  2. 2 Whether the legal and policy framework, and its implementation, satisfied the State's positive obligations under Articles 3 and 8 ECHR.

Ratio Decidendi

The Secretary of State's positive obligations under Articles 3 and 8 ECHR require not only the existence of an appropriate legal and policy framework but also effective supervision and monitoring to ensure implementation. In this case, despite the existence of PSI 07/2016 and oversight mechanisms, there was a systemic failure at HMP Peterborough to implement the required safeguards, as admitted by Sodexo. The Secretary of State failed to provide adequate and effective safeguards at HMP Peterborough at the relevant time to protect the Claimants against violations of their rights under Articles 3 and 8 ECHR.

Court Disposition

Declaration granted

Orders

  • Declaration that the Secretary of State for Justice failed to provide adequate and effective safeguards at HMP Peterborough at the relevant time to protect the Claimants against violations of Articles 3 and 8 ECHR.