FGP v Serco Plc & Anor [2012] EWHC 1804 (Admin) (05 July 2012)

FGP v Serco Plc & Anor [2012] EWHC 1804 (Admin) (05 July 2012)

The maintenance of restraints throughout the claimant's inpatient hospital stay between 15 and 23 July 2010 was disproportionate and failed to consider the necessity during treatment, resulting in a breach of Article 3 ECHR. The guidance issued by the Secretary of State was insufficiently precise and failed to require specific assessment of restraint during treatment, creating an unacceptable risk of breach.

Citation
[2012] EWHC 1804 (Admin)
Parties
Claimant: FGP; 1st Defendant: Serco PLC; 2nd Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim partly allowed
Legal Topics
Use of Restraints, Article 3 ECHR, Article 8 ECHR, Detention, Proportionality, Guidance on Restraints
Human Rights Administrative Law Immigration Law Use of Restraints Article 3 ECHR Article 8 ECHR Detention Proportionality +1 more

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Parties

FGP

Claimant

Serco PLC

1st Defendant

Secretary of State for the Home Department

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the use of restraints during hospital visits breached Article 3 or Article 8 ECHR
  2. 2 Whether the guidance issued by the Secretary of State creates an unacceptable risk of unlawful restraint

Ratio Decidendi

The maintenance of restraints throughout the claimant's inpatient hospital stay between 15 and 23 July 2010 was disproportionate and failed to consider the necessity during treatment, resulting in a breach of Article 3 ECHR. The guidance issued by the Secretary of State was insufficiently precise and failed to require specific assessment of restraint during treatment, creating an unacceptable risk of breach.

Court Disposition

Claim partly allowed

Orders

  • Declaration that Article 3 ECHR was breached during inpatient hospital stay between 15 and 23 July 2010
  • Anonymity order granted for claimant