A v National Probation Service [2003] EWHC 2910 (Admin)

Information sharing – disclosure – human rights

 

X was being considered for early release from a life sentence for murder. The National Probation Service (NPS) carried out a risk assessment of X and the likelihood of re-offending or harming others as required under legislation and the Home Office’s OASYS and the Multi-Agency Public Protection Arrangements (MAPPA) system. The NPS then sought to insist that, as a condition of his release, he inform the manager of a sheltered accommodation facility, from whom X proposed to by a unit, of his conviction.

 

X argued that the condition was a disproportionate, and therefore unlawful, interference with his article 8 right to respect for private and family life under the European Convention. The Court agreed, holding that Xs rights and the potential harm that could result from the disclosure of his conviction had not been properly weighed. In seeking to attach the condition, the NPS had, in any event, adopted the wrong approach by assuming that that there was a presumption in favour of disclosure – rather, than regarding disclosure as the exception, as required by case law and the MAPPA guidance..

Leave a Reply

Your email address will not be published.