PETITION OF GEORGE SMITH AGAINST THE SCOTTISH MINISTERS [2021] ScotCS CSOH_83 (13 August 2021)

PETITION OF GEORGE SMITH AGAINST THE SCOTTISH MINISTERS [2021] ScotCS CSOH_83 (13 August 2021)

Procedural fairness required that the petitioner be given the opportunity to attend or make further representations to the RMT meeting, especially given prior assurances and the significant impact on his rights. The blanket exclusion policy due to Covid-19, without case-specific consideration, was unfair. The failure to inform the petitioner or consider his attendance rendered the decision procedurally unfair, warranting reduction and declarator.

Citation
[2021] ScotCS CSOH_83
Parties
Petitioner: George Smith; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
13 August 2021
Procedural Posture
Petition for Judicial Review / Opinion (judgment) on the Merits
Outcome
Petition sustained; decision reduced and declarator granted in favour of the petitioner.
Legal Topics
Procedural Fairness, Prisoner Progression, Right to Be Heard, Judicial Review, Prison Management Decisions
Administrative Law Prison Law Human Rights Procedural Fairness Prisoner Progression Right to Be Heard Judicial Review Prison Management Decisions

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Parties

George Smith

Petitioner

The Scottish Ministers

Respondents

Procedural Posture

Petition for Judicial Review / Opinion (judgment) on the Merits

Legal Issues

  1. 1 Whether the petitioner's exclusion from the Risk Management Team (RMT) meeting considering his prison progression was procedurally unfair
  2. 2 Whether procedural fairness required the petitioner's attendance or opportunity to make representations at the RMT meeting

Ratio Decidendi

Procedural fairness required that the petitioner be given the opportunity to attend or make further representations to the RMT meeting, especially given prior assurances and the significant impact on his rights. The blanket exclusion policy due to Covid-19, without case-specific consideration, was unfair. The failure to inform the petitioner or consider his attendance rendered the decision procedurally unfair, warranting reduction and declarator.

Court Disposition

Petition sustained; decision reduced and declarator granted in favour of the petitioner.

Orders

  • Reduction of the RMT decision of 18 November 2020 regarding the petitioner's progression
  • Declarator that the decision was taken in a procedurally unfair manner