Judgment was handed down on 20 February 2024 in the case of Dominic McKilligan v Parole Board for England and Wales [2024] EWHC 336 (Admin), where Olivia Beach acted for the Claimant, finding that that Parole Board’s decision not to direct an oral hearing was unlawful.

The Claimant is subject to an IPP sentence, and at the time of the judgment, is 5 years and 6 months post-tariff. The challenge was brought on the basis that the Parole Board had failed to properly consider and apply the principles in Osborn, fairness required an oral hearing, that a paper assessment was inadequate as the Claimant required a proper review of risk, and that a dossier underpinning the Parole Board’s decision contained reports when witnesses unlawfully could not recommend release, in breach of Bailey and Morris.

It was submitted on behalf of the Claimant that the Parole Board’s decision contained fundamental errors of law and was therefore unlawful, unreasonable, and irrational. In the judgment, Her Honour Judge Belcher confirmed at paragraph 46: “I have no hesitation in accepting her submissions in this case. In my judgment the Decision shows that no proper consideration has been given to the principles set out in Osborn and that the Parole Board has failed to ask itself the fundamental question outlined in Osborn, namely whether fairness called for an oral hearing, and has failed to consider which elements of the Claimant’s case might or might not call for an oral hearing, by reference to the guidance give in Osborn”

As a result, Olivia succeeded in securing that the Parole Board’s decision was quashed and an oral hearing before the Parole Board was directed.

The full judgment can be found here.

Olivia was instructed by Scott Laing at Bhatia Best Solicitors. If you wish to instruct her in similar work, please contact her clerks on clerks@33br.co.uk.