The Queen (on the application of Stuart Hall) v Secretary of State for Justice
| Jurisdiction | England & Wales |
| Judge | Mrs Justice Moulder DBE |
| Judgment Date | 27 July 2018 |
| Neutral Citation | [2018] EWHC 1905 (Admin) |
| Docket Number | Case No: CO/138/2018 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 27 July 2018 |
[2018] EWHC 1905 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Civil Justice Centre
Manchester M60
Mrs Justice Moulder
Case No: CO/138/2018
Mr Adam Straw (instructed by SL5 Legal, Tuckers Solicitors) for the Claimant
Mr Richard O'Brien (instructed by Government Legal Department) for the Defendant
Hearing dates: 4 July 2018
Judgment Approved
The Hon.
This is an application for judicial review. The claimant's principal case is that the defendant has breached the duty to make reasonable adjustments for disabled persons within the Equality Act 2010.
Permission was granted by order of HHJ Pelling QC dated 8 February 2018 in relation to two of the grounds: Ground 2 (failure to provide reasonable adjustments under the Equality Act 2010) and Ground 3 (failure to comply with policy PSI 16/2015 and 3/2016).
Background
The claimant now aged 45 is currently a prisoner in HMP Manchester.
In November 2005 he was given an indeterminate sentence for public protection (“IPP”) for a robbery against his parents with a minimum term of two years (less 93 days). During the early hours of 3 June 2005, he entered the house, went to their bedroom and began making demands for money. The demands included threats of physical violence. His mother gave him money and he left the house. He has convictions for a variety of offences including assault and harassment dating back to 1991. He originally left home after being charged with attempted murder against his parents.
His minimum term expired in August 2007.
On 3 September 2014 he had a Parole Board hearing. Dr Helen Pearce, a consultant psychiatrist, prepared a report dated 27 August 2014 for the Parole Board oral hearing. In that report Dr Pearce noted (paragraph 7.66) that Mr Hall had been assessed as having a personality disorder with antisocial/dissocial, narcissistic traits and obsessional traits. Dr Pearce was of the opinion that Mr Hall's history and presentation was “strongly suggestive of high functioning autism/Asperger Syndrome” (paragraph 7.70). She concluded that the background information and Mr Hall's presentation combined “to suggest a diagnosis of autism spectrum disorder, specifically Asperger Syndrome”. Dr Pearce concluded that there could be consideration of future placement for treatment in a hospital setting in which case she recommended that this was an “autism specific service.” She also stated that:
“he is unlikely to make therapeutic progression if he remains within the prison setting, and the environment could contribute to the progressive decline in his presentation rather than improvement with associated risk reduction.”
From September 2014 to February 2015 the claimant was in HMP Dovegate. Dr Pearce records that the claimant had support there from professionals recognising the impact of autism and how this impacted upon his functioning. She noted that his presentation was more “settled” (paragraphs 13.8 and 13.9 of her 2015 report).
From February 2015 to June 2015 he was in St Andrews, a low secure hospital specialising in the management of autism for a period of detailed assessment of his mental disorder and commencing appropriate treatment (St Andrews discharge report dated 5 June 2015). The discharge report prepared by Dr Carlo Thomas, a consultant forensic psychiatrist, noted that his symptoms of autism spectrum disorder (Asperger syndrome) were explored by the psychologist at St Andrews. The report notes:
“[the claimant's] engagement had been poor and it has been an extremely challenging effort to get him to engage. He was clearly apprehensive about losing his diagnosis. He commented that he was not “mentally prepared” for the “test”. He had been reading extensively on ASD and personality disorder. Books on how to test for ASD and PD have been found in his possession. There were four appointments cancelled with the psychologist who had organised the ADOS assessment before he decided to engage.”
Dr Thomas noted that Mr Hall was admitted to St Andrews for a period of detailed assessment of his mental disorder. He stated:
“In the assessment process it is important to note that Mr Hall tends to extensively research assessment tools and processes before participating in assessments. There is evidence of him attempting to manipulate results on standard assessment tests by possibly giving answers or eliciting performances that he believes would favour an outcome he desires.… It would hence be important to look at the entire trajectory of his progress and the symptoms that he has presented with consistently, that have been objectively reported over the years.
Mr Hall engaged with part of an ADOS assessment conducted by Dr Zoe Whitaker.… Mr Hall became uncooperative after this and develop the belief that staff were going to “stitch him up”. He developed a worry that his ASD diagnosis would be taken away and a diagnosis of personality disorder given to him. He subsequently became uncooperative with the assessment.…
There have been extensive discussions with psychology in relation to the presence of potentially some symptoms of autism and a comorbid personality disorder. Mr Hall has met cut off for psychopathy has been diagnosed with antisocial personality disorder in the past. Based on his observed behaviour and incidents on the ward and also based on the reported incidents from his progress in prison there is sufficient evidence to support the diagnosis of a paranoid personality disorder in addition.
The relationship between autism spectrum disorders and personality disorders is not completely clear. Both conditions imply lifelong impairment.…
As indicated in previous reports there may be an overlap of symptoms between the Autism and Personality Disorders in Mr Hall.” [emphasis added]
There were episodes of verbal aggression whilst he was at St Andrews. In June 2015 the aggression escalated, he was found breaking the bathroom and trying to throw a piece from the bathroom fitting to break the CCTV. Police attended and restrained him. The claimant made threats to do as much damage as he could and threatened to kill staff. Police attended and restrained him and he was transferred to HMP Nottingham.
In June 2015 he was then transferred to the Northdale centre in Roseberry Park Hospital where he was an inpatient with the autism service. Dr Pearce was the lead clinician within the Autism Specific Secure Service at Roseberry Park. She provided an updated psychiatric assessment and report on the claimant dated 21 September 2015. The report was prepared at the request of the claimant's solicitors at a time when consideration was being given to an application to the Court of Appeal to seek replacement of the IPP with a hospital order under section 37/41 of the Mental Health Act 1983.
A number of incidents of verbal and physical aggression to staff and patients at the Northdale centre led to his admission to conditions of high secure services at HMP Holme House at the end of November 2015. These incidents at Roseberry Park included an incident in August 2015 when he punched a nurse in the jaw and she was apparently knocked unconscious and in November 2015 he attacked staff with a table tennis net, placing one member of staff in a headlock and injuring the eye of a member of staff (report of Dr Janine Brazier dated 2 May 2017).
In March 2016 he was admitted to Ashworth Hospital from Holme House under section 47/49 of the Mental Health Act. In July 2016 the claimant was assessed by Dr Rooprai who recommended that he was moved to conditions of lesser security and that he required treatment within a specialist Asperger's facility (CPA review at Ashworth Hospital dated 26 May 2017). From July 2016 onwards, the claimant's behaviour was reported as having deteriorated with abusive behaviour towards staff and peers. He was placed in seclusion in September 2016. In January 2017 it was proposed to move the claimant to a different ward. Following the move to that ward, Mr Hall remained in seclusion but exclusively because he elected to do so as a protest at his transfer. Despite being in segregation the claimant had verbal altercations with other peers. Screens were erected by his door in an attempt to reduce further verbal altercations. The team at Ashworth tried to end seclusion but Mr Hall refused to do so as he insisted on having two blue chairs in his room and the chairs had to be ordered and Mr Hall refused to move until they arrived. There were incidents of verbally abusive threats towards staff and peers, including racial abuse. Mr Hall was spoken to by the police regarding these incidents. In March he flooded his room and had to be relocated. The claimant reacted by performing a dirty protest in the room facilitating the need for another move.
In March 2017 the claimant was offered a choice between an antipsychotic medication and being returned to prison because he was not engaging in treatment. The hospital concluded that since he was unwilling to engage in any therapeutic activities that would benefit him, the only option was to return him to prison. The report concluded that the claimant would benefit from “a specialist secure unit to manage his Asperger's symptoms accordingly.”
A report by Dr Xavier, the claimant's responsible clinician since his admission to Ashworth Hospital, dated 22 August 2017, stated that in his view Mr Hall suffered from autism spectrum disorder, Asperger's syndrome. He expressed the view that it was not “of a nature or degree that warrants detention in hospital”. Dr Xavier stated that the claimant had “not engaged in any of the assessments that would have allowed the clinical team to consider suitable placement within...
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