Regina (ZX) v Secretary of State for Justice – WLR Daily

Posted June 7th, 2017 in children, families, law reports, probation, release on licence by sally

Regina (ZX) v Secretary of State for Justice [2017] EWCA Civ 155

‘The claimant, a married British citizen of Bangladeshi origin with three children, was convicted on his guilty plea of two terrorism related offences and sentenced in the Crown Court to a term of three years’ imprisonment. Following his release on licence, conditions were imposed on his licence precluding him, inter alia, from having contact with his children save as directed by the National Probation Service (“the NPS”) and local children’s services. He sought to challenge the imposition of those conditions on the basis that the NPS had no lawful entitlement to give a direction separating him from his children, that there was no properly identified risk and that no separation could properly be directed without due compliance with the provisions of the Children Act 1989 and the Children Act 2004 and, if need be, without an order of the Family Court. Permission to proceed with the claim for judicial review was refused on the basis that the grounds raised were not arguable. The claimant appealed on the grounds, inter alia, that the judge had misdirected himself as to the scope and effect of the NPS’s duties under section 11 of the 2004 Act (to make arrangements for ensuring that its functions were discharged having regard to the need to safeguard and promote the welfare of children).’

WLR Daily, 17th March 2017