QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
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B e f o r e :
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THE QUEEN ON THE APPLICATION OF STEVENSON | Claimant | |
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GOVERNOR HMP WAKEFIELD | ||
SECRETARY OF STATE FOR JUSTICE | Defendants |
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Miss A Walker (instructed by Treasury Solicitors) appeared on behalf of the Defendant
J U D G M E N T
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i. "At present, I would assess that David's motivation and readiness to engage is low -- he appeared primarily focussed on wanting someone to take the problem away and progress him, but is unwilling to commit to any of the options that are available to him."
i. "Offender's perspective on progress.
ii. "Mr Stevenson feels he has made some progress with his sentence plan targets this year. With the help from his legal team he has been given a judicial review on previous sentence plan targets and allocation. He feels now he has been given the opportunity to do some work with psychology to evidence risk reduction whereas previously he felt he was not offered any avenue to progress through his sentence.
iii. "Mr Stevenson told the board that he has applied to AIC to begin the 'out of session' work but has not had a date to start yet. This is because there is a waiting list and Mr Stevenson has not been called forward yet.
iv. "Mr Stevenson told the board he has also been having monthly meetings with his caseworker from the Mental Health Team to talk through his PTSD. He said that he had identified ten situations that he feels were traumatic to him and they discuss these with the help of work sheets. It has taken six months to work through the first situation so Mr Stevenson is well aware there is many more months of work to achieve all ten. He has been referred to a mental health unit at a military base in Nottinghamshire. Mr Stevenson is not yet aware what help he will receive from this referral. Mr Stevenson feels that he cannot progress qualification wise any further with the hospitality and supervisory course. He has completed level 3 and has been told there is no funding available to complete level 4.
v. "Mr Stevenson enjoys his work in the workshop and finds this a protective factor for him whilst he is in custody.
vi. "Mr Stevenson's treatment needs were considered alongside Article 8 of the ECHR, the right to family life. He mentioned that he is now settled at HMP Wakefield, he knows the staff and they know him, he enjoys his work and now that it looks like he is getting the help he requires with psychology that he says he is not pushing a transfer to another prison. He would prefer to have accumulated visits at a prison like HMP Albany or HMP Parkhurst so his family could visit him. Whilst he is at HMP Wakefield Mr Stevenson says he does not receive any visits as the distance is too far.
vii. ...
viii. "Offender supervisor review comments.
ix. "Mr Stevenson attended his sentence plan board and we were joined on the telephone by his Offender Manager Maggie Worth.
x. "We discussed last years' targets and the fact that he had achieved all of them. We also discussed the recent judicial review and the understanding Mr Stevenson had of the outcomes. Mr Stevenson is happy with the new sentence plan targets and explained that he had given Jane Read, the Head of Psychology at HMP Wakefield, access to his mental health file so that the departments could work together more effectively in setting objectives for him.
xi. "Mr Stevenson mentioned that his legal team are still perusing a transfer to a prison closer to his family. Mr Stevenson mentioned that he does not telephone his family because it is difficult to catch them when they are not busy. I suggested he could arrange a convenient time even if it is only monthly to keep his family ties intact.
xii. "Consideration was given to Article 8, Mr Stevenson's right to family life under the ECHR Act. The board discussed the positive and negatives of Mr Stevenson transferring to another Category B prison down south and Mr Stevenson acknowledged the work that he was being offered here would not necessarily be as easy to access elsewhere. This was also confirmed by Maggie who explained she was not aware of any other prison which was offering the kind of work with psychology that was currently on offer at HMP Wakefield.
xiii. "Mr Stevenson was happy with all targets set and it was explained a transfer was not recommended on this review as there was real positive work Mr Stevenson could achieve at HMP Wakefield."
i. "I will freely admit since I have acquired more diligent legal representation, finally after seven years HMP Wakefield are willing to investigate and if necessary treat my PTSD condition. They are finally willing, they say, to offer me targets they claim will reduce my risk level. This attitude change has meant I am more settled now on the wing and at my place of work.
ii. "However, due to my continued location I am still a long distance from my family and support network based in the Portsmouth area. I had hoped accumulated visits would prove to be agreeable to both parties as an alternative solution, but representatives of the Secretary of State for Justice refused this application. This means I receive no visits, as recorded on page 3 of SPMR, 22 December 2014, under heading 'Custodial Behaviour'."
i. "I have four different groups of people who have visited me in the last year. I believe my family would visit me more should I be allocated to the south of England."
i. " ... has a very poor memory and she panics during long journeys."
i. "The court has also held in its case law that the Convention does not grant prisoners the right to choose their place of detention, and the fact that prisoners are separated from their families, and at some distance from them, is an inevitable consequence of their imprisonment. Nevertheless, detaining an individual in a prison which is so far away from his or her family that visits are made very difficult or even impossible may in some circumstances amount to interference with family life, as the opportunity for family members to visit the prisoner is vital to maintaining family life ... It is therefore an essential part of prisoners' right to respect for family life that the prison authorities assist them in maintaining contact with their close family."
i. "Whilst he is at HMP Wakefield, Mr Stevenson says that he does not receive any visits as the distance is too far."