The claimant’s mother had died in hospital. The claimant said that she had died as a result of failures by doctors, and had asked the coroner and police to investigate his allegation that she had been deliberately harmed to cover up missed diagnoses. The police obtained an independent report which said that there was a basis for the initial diagnoses, bit a delay in pursuing an alternative hypothesis for the continued deterioration. That report had been given in ignorance of an image of the blood and a recommendation for the taking of a bone marrow sample. The coroner had refused an inquest. The claimant complained about the investigating officers, and now about the respondent’s report. He now appealed against refusal of leave to bring judicial review.
Held: The appeal failed. The IPCC had been fully entitled to reach the conclusion that it did. The Commission had acted on the arguments presented by the appellant and with a generous interpretation. The only point now raised was not one raised by him with any clarity in his complaint.
Judges:
Lord Neuberger MR, Davis, Treacy LJJ
Citations:
[2012] EWCA Civ 1292
Links:
Statutes:
Criminal Procedure and Investigations Act 1996 23(1)
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Muldoon) v Independent Police Complaints Commission Admn 2009
Parker J outlined the court’s powers as regards decisions of the Independent Police Complaints Commission: ‘The IPCC is an independent statutory appeal body to whom Parliament has entrusted the function of reviewing the findings of investigations . .
Cited by:
See Also – Cubells v Information Commissioner FTTGRC 2-Aug-2013
Dismissed : Freedom of Information Act 2000 – Appeal dismissed . .
See Also – Cubells v Information Commissioner FTTGRC 2-Dec-2013
FTTG FOIA s.40 (5) (b) (I) Data Protection Act, 1998 (‘the DPA’) Schedule 1, Part 1 Requests for personal data. . .
See Also – Cubells v Information Commissioner (The Tribunal Procedure (First-Tier Tribunal) (General Regulatory Chamber) Rules 2009) FTTGRC 17-Jul-2014
Application to have claim struck out by consent. . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 05 November 2022; Ref: scu.464847