A TRIPLE murderer has lost a legal claim that being handcuffed in hospital was a breach of his human rights.

John Allen, 73, formerly from Poole, is serving a life sentence at HMP Gartree in Leicestershire after being convicted in 2002 of murdering his wife Patricia and children Jonathan, seven, and Victoria, five.

He claimed that his wife had run away with the children in May 1975 while the family was living in Salcombe, Devon, but a jury decided he had killed them all.

Allen never reported his family missing and no bodies were ever found.

Category B prisoner Allen was given legal aid to pursue his claim that his right to a private life, and his right not to be subjected to torture, inhuman or degrading treatment or punishment had been violated.

Those rights are enshrined in the Human Rights Act.

His counsel, Hugh Southey, told the High Court that Allen was suffering from diabetes, ischaemic heart disease and pleural thickening of the lungs.

Despite being unable to run more than a few yards, he was double handcuffed during lengthy overnight visits to hospital earlier this year. Guards accompanied him to the toilet and were present when doctors discussed his health problems.

But judge Mr Justice Mitting threw out the challenge, saying medical staff had given the green light for him to remain cuffed while he was in hospital.

Allen was refused permission to appeal, but his lawyers indicated they would take the case to the Court of Appeal.