K, R (on the application of) v Parole Board [2006] EWHC 2413 (Admin) (05 October 2006)

K, R (on the application of) v Parole Board [2006] EWHC 2413 (Admin) (05 October 2006)

The Parole Board failed to ensure that the child applicant was offered proper adult assistance in making representations and failed to inform him of the possibility of an oral hearing, thereby breaching minimum standards of procedural fairness required in cases involving children.

Citation
[2006] EWHC 2413 (Admin)
Parties
Claimant: K; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
05 October 2006
Procedural Posture
Judicial Review / Permission and Substantive Hearing
Outcome
Claim allowed; decision of the Parole Board quashed.
Legal Topics
Parole, Procedural Fairness, Children's Rights, Judicial Review, Detention of Young Offenders
Administrative Law Criminal Law Human Rights Parole Procedural Fairness Children's Rights Judicial Review Detention of Young Offenders

Case Brief

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Parties

K

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Permission and Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board failed to provide a fair hearing to a child applicant for parole
  2. 2 Whether the applicant was denied adequate adult assistance in making representations
  3. 3 Whether the applicant was denied the opportunity for an oral hearing

Ratio Decidendi

The Parole Board failed to ensure that the child applicant was offered proper adult assistance in making representations and failed to inform him of the possibility of an oral hearing, thereby breaching minimum standards of procedural fairness required in cases involving children.

Court Disposition

Claim allowed; decision of the Parole Board quashed.

Orders

  • The Parole Board's decision is quashed.
  • The case is to be reconsidered by a freshly constituted panel in accordance with directions to be agreed or determined by the court.