JR55, Re Application for Judicial Review (Northern Ireland): SC 11 May 2016

The Court was asked about the powers of the Complaints Commissioner under the 1996 Order, and in particular about his powers in relation to general medical practitioners working in the National Health Service and whether, and if so in what circumstances, the Complaints Commissioner has power to recommend the payment of a money sum to a complainant; and whether in the event that that sum is not paid he has power to make a special report drawing the attention of the legislature to that fact. The commissioner appealed from a decision that he did not have those powers.
Held: The appeal failed. Under article 9(3) of the 1996 Order, he may not carry out an investigation into any actions in respect of which the complainant has a remedy by way of proceedings in a court of law. This is, subject to article 9(4), a condition precedent to his jurisdiction.

Lord Neuberger, President, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson
[2016] UKSC 22, UKSC 2014/0094
Bailii, Bailii Summary, SC, SC Summary
The Parliamentary Commissioner Act (Northern Ireland) 1969, Commissioner for Complaints Act (Northern Ireland) 1969
Northern Ireland
At CANIJR55 v Northern Ireland Commissioner for Complaints CANI 28-Jan-2014
The GP challenges the power of the Commissioner to recommend the payment of the consolatory payment and he challenges the threatened exercise by the Commissioner of an asserted power to make a special report in relation to the matter to the Northern . .
CitedRegina v Commissioner for Local Administration ex parte Croydon London Borough Council QBD 1989
Delay in application.
Held: The commissioner’s powers cannot depend upon whether the complaint is well founded. He could only act where a complainant did not otherwise have an action at law for a remedy.
As long as no prejudice is . .
CitedBradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 7-Feb-2008
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about . .

Lists of cited by and citing cases may be incomplete.

Administrative, Health Professions

Updated: 14 January 2022; Ref: scu.563293