Challenging behaviour unit can breach ECHR, art 8


Re: R (Syed) v Secretary of State for Justice [2017] EWHC 727 (Admin)

Held, in a case considering the moving of a prisoner to a challenging behaviour unit, that the right to ‘associate with other prisoners’ may be reduced, but may not be removed. The nature of the restrictions on the claimant and their duration, together with the context in which they were imposed, went beyond the restrictions and limitations inherent in lawful detention and amounted to an interference with the right to respect for private life under ECHR, art 8 which, due to fundamental procedural errors could not be justified.

Dan Squires QC was involved in this case.