V & Anor. v X (By his litigation friend, the Official Solicitor) & Anor.
[2022] EWCOP 48
Danny Walker, R (on the application of) v Secretary Of State for Justice
8 November 2023
[2023] EWHC 2715 (Admin)
High Court
A prisoner wanted IVF. The government said no because he's dangerous and there are other options. A judge agreed with the government.
Key Facts
- •Danny Walker, a 41-year-old prisoner serving an extended determinate sentence for serious violent offences, applied for access to IVF treatment with his partner.
- •His partner, M, has fertility issues and IVF is the preferred treatment option.
- •The Secretary of State for Justice refused the application, citing concerns about Walker's criminal history, risk to children, and the availability of alternative treatments like egg freezing.
- •Walker challenged the decision via judicial review, arguing irrationality, procedural unfairness, and breach of his Article 8 ECHR rights.
- •Walker's partner had previously undergone unsuccessful egg freezing.
Legal Principles
Irrationality
Judicial Review
Procedural fairness and Tameside duty of reasonable enquiry
Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014
Article 8 ECHR - right to respect for private and family life
European Convention on Human Rights
Proportionality in relation to Article 8 ECHR
Dickson v United Kingdom (2008) 46 EHRR 41
Margin of appreciation/discretion for the government in social/economic policy
Stec v United Kingdom (2006) 43 EHRR 47; R v Director of Public Prosecutions ex parte Kebilene [2000] 2 AC 326; In Re Medical Costs for Asbestos Diseases (Wales) Bill [2015] AC 1016; R(SC) v Secretary of State for Work and Pensions [2022] AC 223
Welfare of the child considerations in fertility treatment
Human Fertilisation and Embryology Act 1990 (s 13)
Outcomes
Permission for judicial review refused.
The court found none of the grounds of challenge (irrationality, procedural unfairness, Article 8 breach) to be arguable. The Secretary of State's decision was deemed rational, procedurally fair, and proportionate.