Cooper v Her Majesty's Prison Service

Cooper v Her Majesty's Prison Service

The recategorisation decision was rational and procedurally fair, as the claimant was given opportunities to make representations and the decision was based on relevant risk factors. The refusal to allow access to the personal computer was a lawful exercise of operational discretion, with reasonable accommodations made. There was no evidence of a deliberate policy of interfering with privileged mail, and the application to amend the grounds was refused.

Parties
Claimant: Michael Ivan Cooper; Defendant: Her Majesty’s Prison Service
Jurisdiction
England and Wales
Judgment Date
29 July 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applications for judicial review dismissed
Legal Topics
Prisoner Categorisation, Access to Personal Property in Prison, Procedural Fairness, Equality of Arms, Interference With Privileged Correspondence
Public Law Prison Law Administrative Law Prisoner Categorisation Access to Personal Property in Prison Procedural Fairness Equality of Arms Interference With Privileged Correspondence

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Parties

Michael Ivan Cooper

Claimant

Her Majesty’s Prison Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the recategorisation of the claimant from Category C to Category B was irrational or procedurally unfair
  2. 2 Whether the refusal to allow the claimant access to his personal computer was unlawful or irrational
  3. 3 Whether there was unlawful interference with the claimant’s legally privileged mail

Ratio Decidendi

The recategorisation decision was rational and procedurally fair, as the claimant was given opportunities to make representations and the decision was based on relevant risk factors. The refusal to allow access to the personal computer was a lawful exercise of operational discretion, with reasonable accommodations made. There was no evidence of a deliberate policy of interfering with privileged mail, and the application to amend the grounds was refused.

Court Disposition

Applications for judicial review dismissed

Orders

  • Applications for judicial review are dismissed
  • Any consequential matters to be dealt with in writing; written applications and submissions to be filed by specified dates