Fletcher & Ors v Governor of HMP Whatton & Anor

Fletcher & Ors v Governor of HMP Whatton & Anor

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 demonstrate their fitness for release. Delays of at least two years, with further delays of up to three and a half years, are excessive and systemic. The Secretary of State cannot justify the breach by reference to resource constraints. The Secretary of State also breached his own policy in relation to the Third Claimant's placement on the HSP waiting list. Claims for infringement of Article 5 ECHR are dismissed as the failures do not reach the threshold for arbitrary detention under current binding authority.

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
Declaration granted for breach of public law duty; order quashing Third Claimant's placement on HSP waiting list; issue of relief adjourned; claims for Article 5 ECHR infringement dismissed.
Legal Topics
Indeterminate Sentences for Public Protection (ipp), Parole Board, Resource Allocation, European Convention on Human Rights Article 5, Prisoner Rehabilitation, Administrative Law Duty
Public Law Prison Law Human Rights Indeterminate Sentences for Public Protection (ipp) Parole Board Resource Allocation European Convention on Human Rights Article 5 Prisoner Rehabilitation +1 more

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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 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 the Secretary of State acted rationally in allocating resources

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 demonstrate their fitness for release. Delays of at least two years, with further delays of up to three and a half years, are excessive and systemic. The Secretary of State cannot justify the breach by reference to resource constraints. The Secretary of State also breached his own policy in relation to the Third Claimant's placement on the HSP waiting list. Claims for infringement of Article 5 ECHR are dismissed as the failures do not reach the threshold for arbitrary detention under current binding authority.

Court Disposition

Declaration granted for breach of public law duty; order quashing Third Claimant's placement on HSP waiting list; issue of relief adjourned; claims for Article 5 ECHR infringement dismissed.

Orders

  • Declaration that Secretary of State is in breach of public law duty to provide resources for HSP access
  • Declaration reflecting statement about resources in R(Massey & Robinson)