Challenge to ‘Prevent duty’ in universities rejected in judicial review proceedings

By Prof Steven Greer, Professor of Human Rights (University of Bristol Law School).

On 3rd August 2017 it was announced that, a week before, the High Court had rejected a claim, brought in judicial review proceedings by Dr Salman Butt, that the inclusion of his name in an official press release about tackling extremism in universities and colleges was unlawful and in breach of his human rights (Salman Butt v Secretary of State for the Home Department [2017] EWHC 1930 (Admin)). Relying on information provided by the Home Office Extremism Analysis Unit (EAU), which had opposed the publication of any names, the press release referred to 70 events on university premises in 2014 featuring ‘hate speakers’. However, as the result of an ‘oversight’, six people including Dr Butt, were also identified as ‘expressing views contrary to British values’ on campus. The judgment in this case is the first significant judicial contribution to the debate about the ‘Prevent duty’ created by s.26 of the Counter-Terrorism and Security Act 2015 (CTSA) which requires schools, universities, the NHS and other institutions to ‘have due regard to the need to prevent people from being drawn into terrorism’. (more…)