MacKay, R (on the application of) v Secretary of State for Justice [2019] EWHC 1178 (Admin) (1 March 2019)

MacKay, R (on the application of) v Secretary of State for Justice [2019] EWHC 1178 (Admin) (1 March 2019)

The Parole Board's decision was irrational because it was based on findings of fact (claimant's antagonism, threats, lack of empathy) unsupported by any evidence, and these findings were material to the refusal to release or transfer the claimant. The decision therefore lacked logical justification and must be quashed.

Citation
[2019] EWHC 1178 (Admin)
Parties
Claimant: Donald Mackay; Defendant: Parole Board; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed; decision quashed
Legal Topics
Judicial Review, Parole Board Decisions, Irrationality, Wednesbury Unreasonableness, Material Error of Fact
Public Law Criminal Law Judicial Review Parole Board Decisions Irrationality Wednesbury Unreasonableness Material Error of Fact

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Parties

Donald Mackay

Claimant

Parole Board

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board's decision was irrational due to findings unsupported by evidence
  2. 2 Whether material findings of fact were made without evidential basis and affected the outcome

Ratio Decidendi

The Parole Board's decision was irrational because it was based on findings of fact (claimant's antagonism, threats, lack of empathy) unsupported by any evidence, and these findings were material to the refusal to release or transfer the claimant. The decision therefore lacked logical justification and must be quashed.

Court Disposition

Claim allowed; decision quashed

Orders

  • The decision of the Parole Board dated 30 April 2018 is quashed.
  • The Secretary of State's referral heard on 23 April 2018 is to be reheard by the Parole Board.