Stubbs, R (On the Application Of) v The Parole Board

Stubbs, R (On the Application Of) v The Parole Board

The Parole Board erred in law by applying the wrong test for an oral hearing, presuming the correctness of the paper decision, failing to address disputed facts, and not considering the need for the claimant's participation. This breached procedural fairness under common law and Article 5(4) ECHR. The refusal of an oral hearing was unfair and cannot stand.

Parties
Claimant: Darren Stubbs; Defendant: Parole Board; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; Parole Board decision quashed
Legal Topics
Parole Board Procedure, Oral Hearing Entitlement, Procedural Fairness, Judicial Review of Administrative Decisions
Public Law Prison Law Administrative Law Parole Board Procedure Oral Hearing Entitlement Procedural Fairness Judicial Review of Administrative Decisions

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Parties

Darren Stubbs

Claimant

Parole Board

Defendant

Secretary of State for Justice

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board erred in law by refusing an oral hearing for the claimant's parole review
  2. 2 Whether the refusal breached procedural fairness under common law and Article 5(4) ECHR

Ratio Decidendi

The Parole Board erred in law by applying the wrong test for an oral hearing, presuming the correctness of the paper decision, failing to address disputed facts, and not considering the need for the claimant's participation. This breached procedural fairness under common law and Article 5(4) ECHR. The refusal of an oral hearing was unfair and cannot stand.

Court Disposition

Claim allowed; Parole Board decision quashed

Orders

  • The Parole Board's refusal of an oral hearing is quashed
  • There is to be an oral hearing before the Parole Board