K, R (on the application of) v Parole Board

K, R (on the application of) v Parole Board

The Parole Board failed to ensure that K, a child, had the offer of proper adult assistance in making his representations, failed to inform him of the possibility of an oral hearing, and failed to provide the visit promised in the application process. These procedural failures rendered the process unfair and vitiated the Board's decision.

Parties
Claimant: K; Defendant: The Parole Board
Jurisdiction
England and Wales
Judgment Date
05 October 2006
Procedural Posture
Judicial Review / Judgment on Substantive Application
Outcome
Decision of the Parole Board quashed; application for judicial review succeeds.
Legal Topics
Parole, Procedural Fairness, Children's Rights, Judicial Review
Administrative Law Criminal Law Children Law Parole Procedural Fairness Children's Rights Judicial Review

Case Brief

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Parties

K

Claimant

The Parole Board

Defendant

Procedural Posture

Judicial Review / Judgment on Substantive Application

Legal Issues

  1. 1 Whether the Parole Board failed to give the claimant a fair hearing by not providing adult assistance, not offering an oral hearing, and not considering his representations
  2. 2 Whether the Board's decision was irrational or based on a mistake of fact
  3. 3 Whether the Board erred by considering welfare grounds instead of statutory grounds

Ratio Decidendi

The Parole Board failed to ensure that K, a child, had the offer of proper adult assistance in making his representations, failed to inform him of the possibility of an oral hearing, and failed to provide the visit promised in the application process. These procedural failures rendered the process unfair and vitiated the Board's decision.

Court Disposition

Decision of the Parole Board quashed; application for judicial review succeeds.

Orders

  • The Parole Board's decision is quashed.
  • K's application for parole must be reconsidered by a freshly constituted panel.