DBP v Scottish Ambulance Service

DBP v Scottish Ambulance Service

It was plainly wrong for the Employment Judge to refuse the claimant's application for permanent anonymity on the papers without allowing her a reasonable opportunity to obtain and provide medical evidence supporting her asserted risk of harm. Fairness demanded that the claimant be given such opportunity, especially...

Source-derived case information.

Parties
Appellant: DBP; Respondent: Scottish Ambulance Service
Jurisdiction
England and Wales
Judgment Date
13 October 2025
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
Appeal allowed; matter remitted to a different tribunal for reconsideration of the anonymity application.
Legal Topics
Anonymity Orders, Open Justice, Post Hearing Applications, Mental Health Evidence, Case Management Decisions
Employment Law Privacy Law Procedural Law Anonymity Orders Open Justice Post Hearing Applications Mental Health Evidence Case Management Decisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

DBP

Appellant

Scottish Ambulance Service

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether it was an error of law to refuse the claimant's application for permanent anonymity on the papers without allowing opportunity to obtain medical evidence
  2. 2 Whether fairness required the claimant be given reasonable opportunity to gather medical evidence supporting risk of harm

Ratio Decidendi

It was plainly wrong for the Employment Judge to refuse the claimant's application for permanent anonymity on the papers without allowing her a reasonable opportunity to obtain and provide medical evidence supporting her asserted risk of harm. Fairness demanded that the claimant be given such opportunity, especially as she had indicated willingness to fund an expert report. The matter should be remitted for reconsideration by a different judge.

Court Disposition

Appeal allowed; matter remitted to a different tribunal for reconsideration of the anonymity application.

Orders

  • Temporary anonymity order granted, replacing claimant's name with cipher 'DBP' in published judgment.
  • Remittal to a different judge for reconsideration of the application for permanent anonymity with opportunity for claimant to provide medical evidence.