Sasha Burn v Alder Hey Children's NHS Foundation Trust

Sasha Burn v Alder Hey Children's NHS Foundation Trust

Paragraph 1.16 of the Policy does not impose a general obligation to disclose all documents related to the investigation; it only requires disclosure of correspondence generated by the investigatory process. The withheld documents did not fall within this obligation, and the Claimant was not entitled to them before...

Source-derived case information.

Parties
Claimant/appellant: Sasha Burn; Respondent: Alder Hey Children’s NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
30 November 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Disciplinary Procedures, Disclosure Obligations, Procedural Fairness, Employment Contracts
Employment Law Administrative Law Disciplinary Procedures Disclosure Obligations Procedural Fairness Employment Contracts

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Parties

Sasha Burn

Claimant/appellant

Alder Hey Children’s NHS Foundation Trust

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether paragraph 1.16 of the Policy imposes a general disclosure obligation to provide all documents related to the investigation to the practitioner under investigation
  2. 2 Whether the withheld documents (RCA statements and correspondence with patient's parents) must be disclosed before the investigatory interview

Ratio Decidendi

Paragraph 1.16 of the Policy does not impose a general obligation to disclose all documents related to the investigation; it only requires disclosure of correspondence generated by the investigatory process. The withheld documents did not fall within this obligation, and the Claimant was not entitled to them before the investigatory interview.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The stay imposed on Thornton J's Order of 2 July 2021 is lifted.