7.  The applicant was born in 1959 and is serving a sentence of life imprisonment in HM Prison Doncaster. 8.  The applicant was convicted in or around 1981 for the murder of an acquaintance. He was sentenced to mandatory life imprisonment, and his tariff (the minimum period of imprisonment required to satisfy the requirements of retribution and deterrence) was set at 12 years. 9.  At the time of the applicant's latest Parole Board review in 2001, he was detained in HM Prison Wymott as a “Category C” prisoner (prisoners being given a security category classification ranging from Category A (highest risk) to Category D (suitable for open conditions)). The Parole Board recommended that the applicant should be transferred to open conditions, and that his detention should be reviewed after two years. By letter dated 6 July 2001 the Secretary of State informed the Prison Service that he did not accept the Parole Board's recommendation for transfer to open conditions, and that the next review should begin after 12 months. In the letter to the applicant which accompanied the decision it was stated that:
“... [t]he Secretary of State attaches particular weight to the psychologist's report, it has highlighted in some detail, the need for further exploration of your insight into, and responsibility for, the index offence and the apparent lack of empathy towards the victim.” 10.  In June 2001 the applicant was transferred to HM Prison Manchester. He claimed that he did not receive notification of the parole decision until sometime after 13 September 2001. The Government stated that a copy of the decision letter was sent to the applicant on 6 July 2001 and a copy to the solicitors then acting for the applicant on 7 August 2001. When the applicant changed his solicitors in September 2001, the authorities sent a copy of the decision to the new solicitors. 11.  The applicant stated that he wanted to seek judicial review of the decision, but was unable to find a solicitor who was prepared to act on his behalf. His then solicitors gave advice that judicial review stood little prospect of success as the reports recommending a move to open conditions had been slightly ambiguous, there were a number of very unfavourable reports and the Secretary of State had given extensive reasons for rejecting the recommended move. 12.  The applicant's first Parole Board oral hearing under new arrangements was scheduled for November 2003. At the applicant's request, it was deferred until May 2004 to allow the applicant time to complete certain courses identified in the reports for the Parole Board review.