Shoesmith, R (on the application of) v OFSTED & Ors [2009] EWHC B35 (Admin) (10 November 2009)

Shoesmith, R (on the application of) v OFSTED & Ors [2009] EWHC B35 (Admin) (10 November 2009)

The court held that Ofsted had not fully complied with its duty of candour and that further steps were necessary to ensure all relevant material was disclosed. The court directed Ofsted to complete further searches, provide formal statements from relevant individuals, and disclose all newly found documents. The...

Source-derived case information.

Citation
[2009] EWHC B35 (Admin)
Parties
Claimant: Sharon Shoesmith; First Defendant: OFSTED; Second Defendant: Secretary of State for Children's Schools and Families; Third Defendant: London Borough of Haringey
Jurisdiction
England and Wales
Judgment Date
10 November 2009
Procedural Posture
Judicial Review / Post Hearing, Pre Judgment Directions Hearing
Outcome
Interlocutory directions issued; no final determination of the substantive claim at this stage.
Legal Topics
Duty of Candour, Disclosure Obligations, Judicial Review Procedure, Costs
Administrative Law Public Law Duty of Candour Disclosure Obligations Judicial Review Procedure Costs

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Parties

Sharon Shoesmith

Claimant

OFSTED

First Defendant

Secretary of State for Children's Schools and Families

Second Defendant

London Borough of Haringey

Third Defendant

Procedural Posture

Judicial Review / Post Hearing, Pre Judgment Directions Hearing

Legal Issues

  1. 1 Whether Ofsted and its legal team fulfilled their duty of candour in disclosure during judicial review proceedings
  2. 2 Whether late disclosure of documents by Ofsted prejudiced the claimant's case
  3. 3 What procedural directions are necessary to ensure full and fair disclosure before judgment

Ratio Decidendi

The court held that Ofsted had not fully complied with its duty of candour and that further steps were necessary to ensure all relevant material was disclosed. The court directed Ofsted to complete further searches, provide formal statements from relevant individuals, and disclose all newly found documents. The court ordered that the claimant's costs for the day's attendance and for reviewing the new material be paid by Ofsted on an indemnity basis. A timetable for further submissions was set to ensure procedural fairness before judgment.

Court Disposition

Interlocutory directions issued; no final determination of the substantive claim at this stage.

Orders

  • Ofsted to disclose all newly discovered documents by 10am the following day.
  • Ofsted to provide, within 14 days, a formal statement from a senior official confirming compliance with the duty of candour and explaining the process undertaken.