Beth v The Security Service

Beth v The Security Service

The Tribunal concluded that the Respondent is permitted to rely on the NCND policy and neither confirm nor deny whether X was or was not a CHIS in OPEN proceedings, as waiving NCND would cause prejudice to national security. The statutory scheme and IPT Rules provide sufficient procedural safeguards to ensure...

Source-derived case information.

Parties
Claimant: Beth; Respondent: The Security Service
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Claim / Interlocutory Case Management Hearing
Outcome
Respondent permitted to rely on NCND; claim for positive pleading denied.
Legal Topics
Neither Confirm Nor Deny (ncnd) Policy, Covert Human Intelligence Source (chis), Disclosure, Fair Trial Rights, Anonymity Orders
Human Rights National Security Administrative Law Neither Confirm Nor Deny (ncnd) Policy Covert Human Intelligence Source (chis) Disclosure Fair Trial Rights Anonymity Orders

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Summary, issues, holding and outcome

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Parties

Beth

Claimant

The Security Service

Respondent

Procedural Posture

Claim / Interlocutory Case Management Hearing

Legal Issues

  1. 1 Whether the Respondent should be allowed to rely on the NCND policy regarding X's status as a CHIS
  2. 2 Whether information about X should be restricted to prevent identification

Ratio Decidendi

The Tribunal concluded that the Respondent is permitted to rely on the NCND policy and neither confirm nor deny whether X was or was not a CHIS in OPEN proceedings, as waiving NCND would cause prejudice to national security. The statutory scheme and IPT Rules provide sufficient procedural safeguards to ensure fairness, and rule 7(1) imposes an absolute prohibition on disclosure if it would harm national security.

Court Disposition

Respondent permitted to rely on NCND; claim for positive pleading denied.

Orders

  • Respondent may neither confirm nor deny X's CHIS status in OPEN proceedings.
  • Certain policy documents to be disclosed into OPEN.