Sargeant, R (On the Application Of) v First Minister Of Wales & Anor [2019] EWHC 739 (Admin) (27 March 2019)

Sargeant, R (On the Application Of) v First Minister Of Wales & Anor [2019] EWHC 739 (Admin) (27 March 2019)

The First Minister's involvement in setting the Operational Protocol for an investigation into his own actions, after publicly committing to an independent process, breached the legitimate expectation of independence and procedural fairness. The process was neither rational nor proportionate, as the Claimant and her family were not informed of the First Minister's ongoing control, contrary to the public representation. This was unlawful, and the Claimant's application for judicial review succeeds on this ground.

Citation
[2019] EWHC 739 (Admin)
Parties
Claimant: Bernadette Sargeant; First Defendant: First Minister of Wales (Carwyn Jones); Second Defendant: Permanent Secretary to the Welsh Government (Shan Morgan); Interested Party: The Independent Investigator (Paul Bowen QC)
Jurisdiction
England and Wales
Judgment Date
27 March 2019
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed; judicial review granted.
Legal Topics
Legitimate Expectation, Natural Justice, Bias, Judicial Review, Procedural Fairness, Delegation of Authority, Article 8 ECHR
Administrative Law Public Law Human Rights Legitimate Expectation Natural Justice Bias Judicial Review Procedural Fairness +2 more

Case Brief

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Parties

Bernadette Sargeant

Claimant

First Minister of Wales (Carwyn Jones)

First Defendant

Permanent Secretary to the Welsh Government (Shan Morgan)

Second Defendant

The Independent Investigator (Paul Bowen QC)

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the First Minister's involvement in setting the Operational Protocol (OP) for an investigation into his own actions breached natural justice and legitimate expectation.
  2. 2 Whether the process for establishing the OP was unfair or unlawful due to lack of independence and consultation.
  3. 3 Whether the decisions regarding the OP infringed the Claimant's rights under Article 8 ECHR.

Ratio Decidendi

The First Minister's involvement in setting the Operational Protocol for an investigation into his own actions, after publicly committing to an independent process, breached the legitimate expectation of independence and procedural fairness. The process was neither rational nor proportionate, as the Claimant and her family were not informed of the First Minister's ongoing control, contrary to the public representation. This was unlawful, and the Claimant's application for judicial review succeeds on this ground.

Court Disposition

Claim allowed; judicial review granted.

Orders

  • Quashing of the decisions reflected in the Operational Protocol as published on 4 June 2018, insofar as they were made contrary to the legitimate expectation of independence.
  • Declaration that the First Minister's involvement in setting the OP was unlawful.