Landmark Prison Disability Discrimination Judgment: Ministry of Justice found to be in breach of disability and public law duties owed to life sentenced prisoner
Publication date: 17 May 2010
Mr. Gill, a life sentenced prisoner with a serious learning disability, who has served well over twice his four-year minimum term, has won a Judicial Review against the Ministry of Justice, and set several legal precedents.
When delivering this landmark disability discrimination ruling, HHJ Cranston stated that Mr. Gill had been “let down by the system in that the treatment he required has not been forthcoming due to his learning difficulties”, and that he had been forced to languish in prison as a result.
The Ministry of Justice have been found to be in breach of their disability discrimination and public law duties, and are now required to adjust the rehabilitation regime to ensure that Mr Gill receives the help he needs.
Mr. Gill’s case, brought by Sara Lomri, solicitor in the Public Law and Human Rights Department, represents an important development in discrimination law, building upon other recent important discrimination claims brought by Bindmans LLP.
In particular, Mr. Gill’s case used the test applied in the recent case of R (Lunt) v Liverpool CC [2009] EWHC 2356 (Admin), brought by John Halford, Partner in the Public Law and Human Rights Department at Bindmans LLP. Together these are two of only a handful of cases which have begun to develop the contours of the ‘reasonable adjustment’ duties arising under the Disability Discrimination Act 1995.
Sara Lomri said: “Disabled prisoners are amongst the most vulnerable section of society, yet they are frequently discriminated against in many areas of prison life. This is an important ruling and will go some way to improving the treatment that disabled prisoners receive nationwide. It is undoubtedly in the best interests of prisoners and public alike that offending behaviour work is provided to all prisoners, regardless of their disability, and the victory is a testament to Mr Gill’s deep commitment to rehabilitation.”
Counsel in the case was Adam Straw of Tooks Chambers.
Sara Lomri and Andrew Straw have co-authored an article on disability discrimination and offending behaviour work in prison in the Criminal Law and Justice publication.
Please click on the link below to view the article:
- Public Law Update: Failing Prisoners with Learning Disabilities, (The Criminal Law and Justice Weekly, 15 May 2010)
Please click on the link below to view the press coverage:
- Prison Service guilty of disability discrimination for failing to provide courses, (The Times, 18 May 2010)
Please click on the link below to view the judgment:
