R (on the application of Ellis) (Appellant) v Secretary of State for Justice (Respondent)

Case summary

Case ID

UKSC/2025/0167

Parties

Appellant(s)

Fajr Ellis

Respondent(s)

Secretary of State for Justice

Issue

What is the legal test for the right of access to education under Article 2 of the First Protocol to the European Convention of Human Rights? Did the High Court err in not taking into account events occurring after the issue of the claim?

Facts

This appeal concerns the right to education contained in Article 2 of the 1st Protocol to the European Convention of Human Rights (“A2P1”). The Appellant is an individual who received a custodial sentence for attempted murder. While in prison, he undertook an undergraduate degree and then an MSc in sustainable development. While he was completing the MSc, the Secretary of State imposed certain restrictions on him on security grounds. One such restriction was on the Appellant’s general access to educational resources, including online resources, websites and library books. Another restriction was the temporary deprivation of a Chromebook which had been provided to the Appellant to use for his studies. The Appellant ultimately completed the MSc while in prison. The Appellant sought judicial review of the restrictions imposed by the Secretary of State. He also filed an application to include evidence as to events which occurred after the issue of the claim. At first instance, Foster J held that the restriction of the Appellant’s access to educational resources was not unlawful. As for the deprivation of the Chromebook, that was unlawful as a matter of domestic public law but not a breach of the Appellant’s A2P1 rights. Foster J also rejected the application to include evidence of post-issue events. The Court of Appeal upheld the decision of the first-instance judge on A2P1. The Appellant now appeals to the Supreme Court.

Date of issue

17 September 2025

Case origin

PTA

Back to top