EG, R (On the Application Of) v The Parole Board of England and Wales [2020] EWHC 1457 (Admin) (09 June 2020)

EG, R (On the Application Of) v The Parole Board of England and Wales [2020] EWHC 1457 (Admin) (09 June 2020)

The court held that the Parole Board and Secretary of State failed to secure EG's effective and meaningful participation in his parole process, in breach of common law and Article 5(4) ECHR. The absence of a clear mechanism for appointing a litigation friend or equivalent support for prisoners lacking capacity constituted a failure to make reasonable adjustments under the Equality Act 2010. The court found that EG was denied an effective review of the legality of his ongoing detention due to his disability, and there was a violation of his right to a speedy review under Article 5(4) ECHR.

Citation
[2020] EWHC 1457 (Admin)
Parties
Claimant: EG (by his litigation friend The Official Solicitor); Defendant: Parole Board; Defendant: Secretary of State for Justice; Intervenor: Equality and Human Rights Commission; Intervenor: The Law Society; Interested Party: The Official Solicitor; Interested Party: The Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
09 June 2020
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; declarations granted as to breaches in EG's case
Legal Topics
Parole Board Procedure, Mental Capacity, Equality Act 2010, Article 5 ECHR, Article 14 ECHR, Reasonable Adjustments, Litigation Friend, Judicial Review Procedure
Public Law Human Rights Law Prison Law Disability Law Parole Board Procedure Mental Capacity Equality Act 2010 Article 5 ECHR +4 more

Case Brief

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Parties

EG (by his litigation friend The Official Solicitor)

Claimant

Parole Board

Defendant

Secretary of State for Justice

Defendant

Equality and Human Rights Commission

Intervenor

The Law Society

Intervenor

The Official Solicitor

Interested Party

The Lord Chancellor

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board and Secretary of State for Justice unlawfully failed to secure EG's effective participation in his parole process as required by Article 5 ECHR
  2. 2 Whether there was a failure to provide a mechanism for prisoners lacking capacity to participate in parole proceedings
  3. 3 Whether there was a breach of the Equality Act 2010 duty to make reasonable adjustments

Ratio Decidendi

The court held that the Parole Board and Secretary of State failed to secure EG's effective and meaningful participation in his parole process, in breach of common law and Article 5(4) ECHR. The absence of a clear mechanism for appointing a litigation friend or equivalent support for prisoners lacking capacity constituted a failure to make reasonable adjustments under the Equality Act 2010. The court found that EG was denied an effective review of the legality of his ongoing detention due to his disability, and there was a violation of his right to a speedy review under Article 5(4) ECHR.

Court Disposition

Claim allowed in part; declarations granted as to breaches in EG's case

Orders

  • Declaration that there was a failure to secure EG's right to effective and meaningful participation in his parole process, in breach of common law and Article 5(4) ECHR
  • Declaration that there was a failure to make reasonable adjustments to the parole process to accommodate EG's cognitive impairment, contrary to the Equality Act 2010