AC-2024-LDS-000197 - [2025] EWHC 2772 (Admin)
Administrative Court

AC-2024-LDS-000197 - [2025] EWHC 2772 (Admin)

Fecha: 22-Ago-2025

Conclusions

Conclusion

29.

For the reasons set out above, I find that the Defendant did unlawfully fail to consider the Claimant’s case by way of oral hearing. As a result, that failure also amounts to a violation of the Claimant’s rights pursuant to Article 5(4) of the Convention. The claim for judicial review succeeds and the decision of the parole board not to hold an oral hearing is quashed. The parole board is directed to list an oral hearing before the original decision maker(s) in the Claimant’s case. Further, I declare that the Claimant’s rights pursuant to Article 5(4) of the Convention have been breached. Whilst the Claimant originally claimed costs, I record that no claim for costs was pursued given the neutral stance adopted by both the Defendant and the Interested Party.