Kitto, R (on the application of) v Parole Board & Anor

Kitto, R (on the application of) v Parole Board & Anor

The Parole Board's decision was flawed because it relied on a non-existent risk (the university place being conditional on exam results), which materially affected the assessment of risk and invalidated the decision.

Parties
Claimant: Colin Eric Kitto; Respondent: The Parole Board; Respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 November 2003
Procedural Posture
Judicial Review / Judgment on Merits After Oral Hearing
Outcome
decision quashed
Legal Topics
Parole, Judicial Review, Irrationality, Risk Assessment, Procedural Fairness
Criminal Law Public Law Administrative Law Parole Judicial Review Irrationality Risk Assessment Procedural Fairness

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Parties

Colin Eric Kitto

Claimant

The Parole Board

Respondent

The Secretary of State for the Home Department

Respondent

Procedural Posture

Judicial Review / Judgment on Merits After Oral Hearing

Legal Issues

  1. 1 Whether the Parole Board's decision to refuse parole was irrational and based on a fundamental misinterpretation of material
  2. 2 Whether the Board properly considered the risk assessment and the claimant's university place
  3. 3 Whether the Board had a proper basis for concerns about the claimant residing with his mother

Ratio Decidendi

The Parole Board's decision was flawed because it relied on a non-existent risk (the university place being conditional on exam results), which materially affected the assessment of risk and invalidated the decision.

Court Disposition

decision quashed

Orders

  • The Parole Board's decision is set aside.
  • The matter is to be reconsidered by the Parole Board.