Khan v Parole Board [2015] EWHC 2528 (Admin) (15 May 2015)
The Parole Board's decision failed to provide proper and sufficient reasons for rejecting professional recommendations and gave excessive weight to unsubstantiated allegations, rendering the decision unlawful and irrational.
- Citation
- [2015] EWHC 2528 (Admin)
- Parties
- Claimant: Khan; Defendant: Parole Board
- Jurisdiction
- England and Wales
- Judgment Date
- 15 May 2015
- Procedural Posture
- Judicial Review / Final Judgment After Permission Granted
- Outcome
- Decision quashed and remitted for re-hearing
- Legal Topics
- Parole Board Decisions, Transfer to Open Conditions, Imprisonment for Public Protection, Reasoning Requirements, Weight of Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Khan
Claimant
Parole Board
Defendant
Procedural Posture
Judicial Review / Final Judgment After Permission Granted
Legal Issues
- 1 Whether the Parole Board failed to give proper, sufficient and intelligible reasons for refusing to recommend transfer to open conditions
- 2 Whether the Parole Board's decision was irrational due to excessive weight given to unproven allegations
Ratio Decidendi
The Parole Board's decision failed to provide proper and sufficient reasons for rejecting professional recommendations and gave excessive weight to unsubstantiated allegations, rendering the decision unlawful and irrational.
Court Disposition
Decision quashed and remitted for re-hearing
Orders
- The Parole Board's decision dated 4 December 2013 is quashed.
- The matter is remitted to a fresh panel for a re-hearing.
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