Mary McCourt is the mother of Helen McCourt, who was murdered in 1988 at the age of 22 by Ian Simms. He was released in February, almost 31 years after his conviction.
The mother has campaigned for a change in the law to prevent the release of those who are convicted of murder but will not reveal the whereabouts of their victim’s remains. This resulted in the Prisoners (Disclosure of Information about Victims) Bill, which has received its second reading in the House of Lords but is not yet law.
In R (McCourt) v Parole Board [2020] EWHC 2320 (Admin), Mary McCourt contended that the Board misdirected itself as to the test to be applied, failed to undertake reasonable inquiries and failed to challenge Simms about his denials, reached irrational conclusions, and acted in a way that was procedurally unfair.
Simms disputed Mary McCourt’s standing to bring the claim and submitted that the Board’s decision involved no public law error.
The court held that Mary McCourt did have ‘sufficient interest’ in, and therefore standing to bring, the case.
Its judgment stated: ‘One of the issues before the Parole Board was whether his refusal to reveal the whereabouts of her remains was motivated by a desire to exert psychological control over the remaining family members.
‘In those circumstances, it would in our view be inappropriate to make the possibility of a challenge to a Parole Board decision dependent upon a decision of the Secretary of State to bring judicial review proceedings.’
However, the court concluded that the Board’s decision ‘involved no arguable public law error’, therefore permission was denied.
