Fletcher & Ors v Governor of HMP Whatton & Anor

Fletcher & Ors v Governor of HMP Whatton & Anor

Despite increased resources and courses, the continuing breach of the public law duty and excessive delay for the Second Claimant justified granting permission to apply for further relief if access to the HSP course was not provided within the specified period.

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
02 December 2015
Procedural Posture
Judicial Review / Post Judgment Relief Hearing
Outcome
Permission granted to Second Claimant to apply for further relief if not provided access to HSP course in April-June 2016.
Legal Topics
Indeterminate Sentences for Public Protection (ipp), Parole Board, Mandatory Orders, Public Law Duty, Delay in Prisoner Rehabilitation Courses
Public Law Prison Law Administrative Law Indeterminate Sentences for Public Protection (ipp) Parole Board Mandatory Orders Public Law Duty Delay in Prisoner Rehabilitation Courses

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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 / Post Judgment Relief Hearing

Legal Issues

  1. 1 Whether further relief is required for breach of public law duty to provide rehabilitation courses to IPP prisoners
  2. 2 Whether a mandatory order should be issued to compel access to HSP courses

Ratio Decidendi

Despite increased resources and courses, the continuing breach of the public law duty and excessive delay for the Second Claimant justified granting permission to apply for further relief if access to the HSP course was not provided within the specified period.

Court Disposition

Permission granted to Second Claimant to apply for further relief if not provided access to HSP course in April-June 2016.

Orders

  • Second Claimant granted permission to apply to the Court for further or other relief if not provided access to HSP course commencing April-June 2016.