EG, R (On the Application Of) v The Parole Board of England and Wales

EG, R (On the Application Of) v The Parole Board of England and Wales

The Parole Board Rules 2019, properly construed, permit the appointment of a litigation friend for prisoners lacking capacity, either under Rule 10(6) or the general power to make directions under Rule 6. The absence of a clear mechanism previously contributed to unlawful delay in EG's parole review, breaching Article 5(4) ECHR. There was no established breach of the Equality Act 2010 duty to make reasonable adjustments or the public sector equality duty, as the pleaded case was insufficiently particularised.

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 of England & Wales; Interested Party: Official Solicitor; Interested Party: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
09 June 2020
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Claim allowed in part; declarations to be determined after further submissions.
Legal Topics
Parole Board Procedure, Mental Capacity, Litigation Friend, Equality Act 2010, Article 5 ECHR, Article 14 ECHR, Reasonable Adjustments, Judicial Review Procedure
Public Law Human Rights Law Prison Law Discrimination Law Parole Board Procedure Mental Capacity Litigation Friend Equality Act 2010 +4 more

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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 of England & Wales

Intervenor

Official Solicitor

Interested Party

Lord Chancellor

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Parole Board Rules 2019 permit the appointment of a litigation friend for prisoners lacking capacity
  2. 2 Whether the failure to provide a mechanism for effective participation breaches Article 5(4) ECHR
  3. 3 Whether there was a breach of the Equality Act 2010 duty to make reasonable adjustments

Ratio Decidendi

The Parole Board Rules 2019, properly construed, permit the appointment of a litigation friend for prisoners lacking capacity, either under Rule 10(6) or the general power to make directions under Rule 6. The absence of a clear mechanism previously contributed to unlawful delay in EG's parole review, breaching Article 5(4) ECHR. There was no established breach of the Equality Act 2010 duty to make reasonable adjustments or the public sector equality duty, as the pleaded case was insufficiently particularised.

Court Disposition

Claim allowed in part; declarations to be determined after further submissions.