Shoesmith, Regina (on The Application of) v Ofsted and Others: Admn 23 Apr 2010

The claimant challenged her dismissal as Director of children’s services at the respondent council following an adverse report into the Baby P death identified her department as being responsible. She said that the first defendant had allowed its report to be manipulated at the request of the minister as to transfer all blame to her department.
Held: The claim failed. Foskett J considered the use of oral evidence in judicial review proceedings, saying: ‘Ordinarily, an application for judicial review is determined without hearing oral evidence. This approach reflects a number of considerations, but judicial review is essentially seen as a procedure for resolving an issue of law and not one of fact.
There are certain (albeit rare) circumstances in which oral evidence is given and cross-examination takes place in judicial review proceedings.’
Foskett J
[2011] PTSR D13, [2010] EWHC 852 (Admin)
Children Act 2004 20(1)(b)
England and Wales
CitedS v Airedale National Health Service Trust QBD 22-Aug-2002
The patient had been detained, and then secluded within the mental hospital for 11 days. He claimed to have been subjected to inhuman treatment, and false imprisonment.
Held: His claim failed. The policy allowed the authority to confine him to . .
See AlsoShoesmith, Regina (on The Application of) v OFSTED and Others Admn 10-Nov-2009
. .
CitedAl-Sweady and Others, Regina (on the Application of) v Secretary of State for the Defence Admn 2-Oct-2009
The claimant’s son had died whilst in the custody of the British Armed Forces in Iraq. His uncle now claimed that his human rights had been infringed. The case ‘raised a fundamental issue of jurisdiction under Article 1 of the ECHR because if the . .

Cited by:
Appeal fromShoesmith, Regina (on The Application of) v OFSTED and Others CA 27-May-2011
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She . .

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Updated: 24 February 2021; Ref: scu.408644