Q, R (on the application of) v Q Constabulary & Anor [2011] EWHC 592 (Admin) (17 March 2011)

Q, R (on the application of) v Q Constabulary & Anor [2011] EWHC 592 (Admin) (17 March 2011)

The Defendant's risk assessment and refusal to provide further protection were not irrational or Wednesbury unreasonable; there was no error of law or hard-edged factual issue requiring judicial intervention.

Citation
[2011] EWHC 592 (Admin)
Parties
Claimant: Q; Defendant: Q Constabulary; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 March 2011
Procedural Posture
Judicial Review / Renewed Application After Refusal on the Papers
Outcome
Application refused
Legal Topics
Witness Protection, Risk Assessment, Police Duties, Article 2 ECHR, Judicial Review
Public Law Human Rights Witness Protection Risk Assessment Police Duties Article 2 ECHR Judicial Review

Case Brief

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Parties

Q

Claimant

Q Constabulary

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Renewed Application After Refusal on the Papers

Legal Issues

  1. 1 Whether the Defendant breached duties under the Human Rights Act 1998 and/or Serious Organised Crime and Police Act 2005 by failing to provide adequate protection to the Claimant and his family
  2. 2 Whether the Defendant's risk assessment was irrational or Wednesbury unreasonable

Ratio Decidendi

The Defendant's risk assessment and refusal to provide further protection were not irrational or Wednesbury unreasonable; there was no error of law or hard-edged factual issue requiring judicial intervention.

Court Disposition

Application refused