Kitto, R (on the application of) v Parole Board & Anor [2003] EWHC 2774 (Admin) (12 November 2003)

Kitto, R (on the application of) v Parole Board & Anor [2003] EWHC 2774 (Admin) (12 November 2003)

The Parole Board's decision was flawed because it relied on an erroneous premise that the claimant's university place was conditional on forthcoming exam results, leading to consideration of a risk that did not exist and invalidating the assessment of risk.

Citation
[2003] EWHC 2774 (Admin)
Parties
Claimant: Colin Eric Kitto; Defendant: The Parole Board; Defendant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 November 2003
Procedural Posture
Judicial Review / Permission Application and Substantive Hearing
Outcome
Decision of the Parole Board quashed; matter to be reconsidered.
Legal Topics
Parole Board Decisions, Judicial Review, Assessment of Risk, Release on Licence
Criminal Law Administrative Law Prison Law Parole Board Decisions Judicial Review Assessment of Risk Release on Licence

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Parties

Colin Eric Kitto

Claimant

The Parole Board

Defendant

The Secretary of State for the Home Department

Defendant

Procedural Posture

Judicial Review / Permission Application and Substantive Hearing

Legal Issues

  1. 1 Whether the Parole Board's decision was irrational, unreasonable, and contrary to law
  2. 2 Whether the Board misinterpreted material facts regarding the claimant's university place
  3. 3 Whether concerns about claimant residing with his mother were properly founded

Ratio Decidendi

The Parole Board's decision was flawed because it relied on an erroneous premise that the claimant's university place was conditional on forthcoming exam results, leading to consideration of a risk that did not exist and invalidating the assessment of risk.

Court Disposition

Decision of the Parole Board quashed; matter to be reconsidered.

Orders

  • Decision set aside and remitted for reconsideration by the Parole Board.
  • Full assessment of legal funding granted.