Fletcher & Ors v Governor of HMP Whatton & Anor [2014] EWHC 3586 (Admin) (03 November 2014)

Fletcher & Ors v Governor of HMP Whatton & Anor [2014] EWHC 3586 (Admin) (03 November 2014)

The Secretary of State is in continuing breach of the public law duty to provide sufficient resources and systems for IPP prisoners to access the HSP and thereby demonstrate their fitness for release to the Parole Board within a reasonable time after tariff expiry. Delays of at least two years, with further...

Source-derived case information.

Citation
[2014] EWHC 3586 (Admin)
Parties
Claimant: Philip Fletcher; Claimant: Paul Young; Claimant: Keith Bentley; Defendant: Governor of HMP Whatton; Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
03 November 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed in part; declarations granted; claims under Article 5 ECHR dismissed; relief adjourned for further hearing.
Legal Topics
Indeterminate Sentences for Public Protection (ipp), Parole Board, Prisoner Rehabilitation, Allocation of Resources, Article 5 ECHR, Administrative Law Duties
Public Law Prison Law Human Rights Indeterminate Sentences for Public Protection (ipp) Parole Board Prisoner Rehabilitation Allocation of Resources Article 5 ECHR +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Philip Fletcher

Claimant

Paul Young

Claimant

Keith Bentley

Claimant

Governor of HMP Whatton

Defendant

Secretary of State for Justice

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State has breached the public law duty to provide systems and resources for IPP prisoners to demonstrate their fitness for release
  2. 2 Whether delays in access to the Healthy Sex Programme (HSP) constitute a breach of duty
  3. 3 Whether there has been an infringement of Article 5(1) and 5(4) ECHR

Ratio Decidendi

The Secretary of State is in continuing breach of the public law duty to provide sufficient resources and systems for IPP prisoners to access the HSP and thereby demonstrate their fitness for release to the Parole Board within a reasonable time after tariff expiry. Delays of at least two years, with further predicted delays, are excessive and systemic. Resource constraints do not excuse this breach. The Secretary of State also breached his own policy in the case of the Third Claimant by failing to take relevant factors into account when determining his position on the waiting list for the HSP.

Court Disposition

Claim allowed in part; declarations granted; claims under Article 5 ECHR dismissed; relief adjourned for further hearing.

Orders

  • Declaration that the Secretary of State is in breach of the public law duty to provide resources for IPP prisoners to access the HSP within a reasonable time after tariff expiry.
  • Declaration reflecting the need for sufficient resources as stated in R(Massey & Robinson).