Morris, R (on the application of) v Health Service Commissioner
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE COLLINS
Areas of Law
- Administrative Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The complainant sought hospital records, which led to an Ombudsman complaint about the hospital's poor record-keeping. The court allowed the review of the Ombudsman's decision, highlighting the public interest in addressing the hospital's inadequate system, though the complainant faced significant legal challenges.
J U D G M E N T
MR JUSTICE COLLINS: Mr Coppel, I am persuaded that it is implicit, or was implicit, that there were two strands to this complaint. The obvious major one was: I want the records. But included in that it seems to me implicit in that and you get that from the sentence I have referred to at the end of seven, of the original complaint. But the loss is inexcusable and thus there is, I think it was implicit as I say, or arguably so, that the Ombudsman should have appreciated that she needed to consider how it came about that these records were so much all over the place that it did require so much. And if in those circumstances the hospital's record keeping or system of record keeping is completely hopeless, then that is something that is in the public interest to deal with. And also, of course, it would be known to the claimant that there was not actually anything sinister in this. It was purely human incompetence. But that may not be satisfactory. It means that she is not looking at a case where they are trying to cover something up deliberately. And I can see that peace of mind on that basis could be important. I think that, in those circumstances, wide though the discretion is, if the matter was approached without considering the full scope of what was needed, then that arguably comes within the technical failing to have regard to a material consideration rather than something being perverse. It is not a question of that sort of irrationality. So I am prepared in those circumstances to grant permission but -- you know all about this anyway -- that does not mean that necessarily there will be success. She has a decidedly uphill struggle in the light of, as you know, what the law is in relation to Ombudsmen. At this stage she has incurred no costs, as it were, other than whatever she has to pay for those representing her. But she is at real risk because I cannot say that this is a case which is bound to succeed, far from it. She does have an uphill struggle. She will have to consider whether it really is worth a fighting shot(?) at the end.
MR COPPEL: She is, of course, behind me in court.
MR JUSTICE COLLINS: I appreciate that, that is really why I was saying these things.
MR COPPEL: I will again myself reinforce those points.
MR JUSTICE COLLINS: And the arguments put, however unfair they may sound to someone such as her, are strong so far as the law is concerned, as you appreciate. Parliament has given the widest possible discretion to the