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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

01 FEB 2012

Grant v The Ministry of Justice [2011] EWHC 3379 (QB)

Prisons – “slopping out” – human rights – Article 3 – minimum severity – standard of proof – Article 8

The practice of “slopping out” at a prison did not violate prisoners’ rights under Articles 3 and 8 of the ECHR. 
19 December 2011
High Court (Queen’s Bench Division)
Hickinbottom J
(i) Two prisoners, Mr Grant and Mr Gleaves (G), sought declarations that the practice of “slopping out” violated their rights under Articles 3 and 8 of the European Convention on Human Rights (ECHR). As prisoners, they were contained in their cells for about 13 hours every night. As there were no toilet facilities in the cells, G did not have free access to a toilet during this period. There was an electronic locking system in place that allowed one prisoner at a time to access toilet facilities. If a prisoner was unable to access the toilet facilities, a bucket was provided. The bucket may be emptied or “slopped out” into a sluice. G sought declarations against this process.

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