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This article provides an overview and comment on the case of R (on the application of Dennis Gill) v Secretary of State for Justice [2010] EWHC 364 (Admin), which drew attention to a deficit in the system, that those with learning disabilities were not being provided with an equal or adequate level of offending behaviour treatment work. This was a claim for judicial review by Dennis Gill, who is a life sentenced prisoner with a learning disability. He had served well over twice his four‐year tariff but, because of his learning disability, had not been permitted to take part in any offending behaviour programmes.

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