APPEAL BY S AGAINST THE SCOTTISH MINISTERS [2020] ScotCS CSIH_64 (16 October 2020)

APPEAL BY S AGAINST THE SCOTTISH MINISTERS [2020] ScotCS CSIH_64 (16 October 2020)

The petition has enough substance to justify a real prospect of success; significant difficulties exist but are not insurmountable at this stage; the range of remedies sought and likelihood of future EDA applications mean success could have practical consequences; permission to proceed should be granted.

Citation
[2020] ScotCS CSIH_64
Parties
Petitioner and Appellant: S; Respondents: The Scottish Ministers; Intervener: The Commission for Equality and Human Rights
Jurisdiction
Scotland
Judgment Date
16 October 2020
Procedural Posture
Judicial Review Appeal / Appeal Against Refusal of Permission to Proceed
Outcome
Appeal allowed; permission to proceed granted.
Legal Topics
Article 8 ECHR (family Life), Article 14 ECHR (discrimination), Public Sector Equality Duty, Prisoner Rights, Escorted Day Absence, Policy Certainty, Indirect Discrimination
Human Rights Equality Law Prison Law Administrative Law Article 8 ECHR (family Life) Article 14 ECHR (discrimination) Public Sector Equality Duty Prisoner Rights +3 more

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Parties

S

Petitioner and Appellant

The Scottish Ministers

Respondents

The Commission for Equality and Human Rights

Intervener

Procedural Posture

Judicial Review Appeal / Appeal Against Refusal of Permission to Proceed

Legal Issues

  1. 1 Whether refusal of escorted day absence breached Article 8 and Article 14 ECHR
  2. 2 Whether the Supplementary Guidance and EDA scheme lack certainty and breach Convention rights
  3. 3 Whether the Scottish Ministers complied with the Public Sector Equality Duty under Equality Act 2010 and Specific Duties under 2012 Regulations

Ratio Decidendi

The petition has enough substance to justify a real prospect of success; significant difficulties exist but are not insurmountable at this stage; the range of remedies sought and likelihood of future EDA applications mean success could have practical consequences; permission to proceed should be granted.

Court Disposition

Appeal allowed; permission to proceed granted.

Orders

  • Recall the interlocutor of the Lord Ordinary dated 24 March 2020.
  • Grant permission to proceed with the petition.