Syeda Fatinah Hossain, R (on the application of) v Secretary of State for Justice

[2026] EWHC 862 (Admin)

Case details

Case citations
[2026] EWHC 862 (Admin)
Court
High Court (Administrative Court)
Judgment date
14 April 2026
Judgment text

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Subjects
Administrative Human rights Licence conditions and exclusion zones
Keywords
judicial review release on licence exclusion zone Article 8 proportionality procedural fairness probation expertise Parole Board licence variation
Outcome
claim dismissed
Judicial consideration

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Summary

Licence conditions restricting an offender’s movement engage the offender’s Article 8 rights. They may nevertheless be justified where necessary and proportionate to protect victims and their families from both accidental contact and the fear and distress associated with it.

The decision-maker must make sufficient inquiry, consider the offender’s reintegration and family life, weigh competing Article 8 interests, and consider less intrusive alternatives. A published policy should ordinarily be followed, but a variation may be justified by changed circumstances or new information. Courts should accord substantial weight to probation expertise and intervene only for a clear public law error.

Factual background

The claimant challenged decisions by the Secretary of State for Justice expanding an exclusion zone in her release licence from Roffey to Horsham. The expansion prevented her from visiting the area where her family lived, while protecting a former child victim of her offending and his family, who lived nearby.

She alleged irrationality, disproportionate interference with Article 8 rights, and procedural unfairness. The May 2025 decision was reconsidered and replaced by a further decision dated 29 October 2025. The central issues were whether the fresh decision was lawful and whether the first decision had become academic.

Held

  1. Disposition. The claim was dismissed. The May 2025 decision had been superseded by the full reconsideration in October 2025, so no relief could be granted in relation to it:

The court’s approach to earlier authorities

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Appellate history

This was a first-instance judicial review in the Administrative Court. The judgment states that permission to challenge the decisions dated 21 May and 29 October 2025 was granted on 24 February 2026.

Key cases cited

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