Kay, R (on the application of) v Health Service Commissioner

Kay, R (on the application of) v Health Service Commissioner

The Ombudsman did not err in refusing further disclosure, having properly applied the Turpin test and exercised her discretion as to relevance. Section 15 of the Health Service Commissioners Act 1993 binds recipients of disclosed information, justifying the requirement of an undertaking restricting use to the investigation and report. The Ombudsman acted within her statutory powers and there was no procedural unfairness or discrimination.

Parties
Claimant: Julie Kay (by her father and litigation friend, Mr Kay); Defendant: Health Service Commissioner
Jurisdiction
England and Wales
Judgment Date
11 July 2008
Procedural Posture
Judicial Review / Judgment on Substantive Application and Permission to Appeal
Outcome
Application for judicial review refused; permission to appeal refused.
Legal Topics
Ombudsman Powers, Disclosure of Documents, Procedural Fairness, Confidentiality, Capacity and Representation
Administrative Law Health Law Data Protection Ombudsman Powers Disclosure of Documents Procedural Fairness Confidentiality Capacity and Representation

Case Brief

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Parties

Julie Kay (by her father and litigation friend, Mr Kay)

Claimant

Health Service Commissioner

Defendant

Procedural Posture

Judicial Review / Judgment on Substantive Application and Permission to Appeal

Legal Issues

  1. 1 Whether the Health Service Ombudsman erred in refusing further disclosure of documents to the complainant's representative.
  2. 2 Whether the Ombudsman could lawfully require an undertaking restricting use of disclosed documents to the investigation and report.
  3. 3 Whether section 15 of the Health Service Commissioners Act 1993 binds recipients of disclosed information.

Ratio Decidendi

The Ombudsman did not err in refusing further disclosure, having properly applied the Turpin test and exercised her discretion as to relevance. Section 15 of the Health Service Commissioners Act 1993 binds recipients of disclosed information, justifying the requirement of an undertaking restricting use to the investigation and report. The Ombudsman acted within her statutory powers and there was no procedural unfairness or discrimination.

Court Disposition

Application for judicial review refused; permission to appeal refused.

Orders

  • Claimant to pay defendant's costs, subject to legal aid assessment.
  • Permission to appeal refused on both grounds.