Henry v Parole Board

Henry v Parole Board

There was a real possibility, and indeed a probability, that the Parole Board proceeded on a material mistake of fact regarding whether the claimant's child witnessed the offences for which he was convicted. This mistake was material to the Board's assessment of risk and the claimant's openness, and thus rendered the decision unfair and subject to being quashed.

Parties
Claimant: Henry; Defendant: Parole Board
Jurisdiction
England and Wales
Judgment Date
09 May 2011
Procedural Posture
Judicial Review / Judgment
Outcome
Decision quashed; matter remitted for reconsideration
Legal Topics
Judicial Review, Mistake of Fact, Parole Board Decisions, Material Error, Risk Assessment
Public Law Criminal Law Judicial Review Mistake of Fact Parole Board Decisions Material Error Risk Assessment

Case Brief

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Parties

Henry

Claimant

Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Parole Board's refusal to transfer the claimant to open conditions was based on a material mistake of fact
  2. 2 Whether the Parole Board misunderstood or misapplied facts relating to the offences for which the claimant was convicted
  3. 3 Whether the Parole Board's decision should be quashed due to procedural unfairness

Ratio Decidendi

There was a real possibility, and indeed a probability, that the Parole Board proceeded on a material mistake of fact regarding whether the claimant's child witnessed the offences for which he was convicted. This mistake was material to the Board's assessment of risk and the claimant's openness, and thus rendered the decision unfair and subject to being quashed.

Court Disposition

Decision quashed; matter remitted for reconsideration

Orders

  • The decision of the defendant to refuse the transfer of the claimant to open conditions contained in the letter dated 7 October 2010 is hereby quashed.
  • The defendant shall invite the Secretary of State to refer the claimant's case back to it and upon receiving such a reference the defendant shall convene an oral hearing as soon as possible.