Prince Harry is suing the Home Office over a decision in February 2020 that his personal protective security level will be reduced after he steps down as working royal.
The Duke says he wants to bring his children to visit from the US but insists he and his family “cannot go back to his home” because it is too dangerous.
Applying for permission for a full judicial review of the security decision by the Protection of Royalty and Public Figures Executive Committee (RAVEC) – which falls under the remit of the Home Office – the Duke claimed he had been the victim of “procedural unfairness”.
Shaeed Fatima QC, for Harry, told the court he was “not aware at this stage that the Royal Household was involved at all” in the decision-making process and had been told it was an “independent decision”.
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The court heard there was “significant tension” between Harry and the Queen’s private secretary, Sir Edward Young, at the time and he says he did not have full knowledge of the decision-making process or the make-up of RAVEC.
Harry claims he believed his points were “fully and correctly communicated to RAVEC” but was denied the chance to make representations directly to the committee.
“He was materially prejudiced … because his offer to pay (for security) was not conveyed to RAVEC before the decision was made,” Ms Fatima said in written submissions.
“He does not know what else – as communicated by him to the Royal Household – was not fully/timely handed over to RAVEC.
“He was denied the opportunity to comment on the appropriateness of the RAVEC process (and) the involvement of certain individuals in the RAVEC process before the decision was made.
“It is arguable that if there had been a fair trial, RAVEC would or could have reached a different decision.”
Home Office lawyers say RAVEC was entitled to make the decision it did, namely that the Duke’s security measures will be considered on a case-by-case basis, and argue that permission for a full judicial review should be refused .
Sir James Eady QC, representing the Home Office, said in written arguments that any tension between Harry and members of the Royal Household was “irrelevant” to his change of status.
He says Harry believes he may have objected to the involvement of Royal Household officials in the RAVEC decision – because of the “tension” – but insisted that argument was “irrelevant”.
“The claimant’s inability even now to explain how a presentence process could or would help is astounding,” Sir James said.
Parts of the trial are being held in private due to the sensitive nature of security details. Mr Justice Swift said he hoped to rule before the end of July on whether a full judicial review could be brought.
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