R (Kay) v Health Service Commissioner

Mrs Justice Dobbs dismissed an application for judicial review brought by Julie Kay through her father and litigation friend George Kay against the Health Service Commissioner ("the Ombudsman"). In the course of an investigation being conducted by the Ombudsman Mr Kay made, on his daughter's behalf, requests for disclosure of all the documents provided by the Oxfordshire Learning Disability NHS Trust ("the Trust") to the Ombudsman. The Ombudsman, following the decision of Mr Justice Collins in R (Turpin) v Commissioner for Local Administration [2003] LGR 133, offered to disclose "all the documents on which she is proposing to rely or which may influence her decision on the complaint to her". Mr Kay, however, sought disclosure of all documents provided by the Trust to the Ombudsman in order that he could consider such documentation and make representations on their relevance. Mr Kay also refused to provide an undertaking limiting use of the documents offered to be disclosed for the purposes of making representations on the investigation. The learned Judge dismissed the claim holding that the Ombudsman had acted fairly and properly. James Maurici appeared for the Ombudsman instructed by Beachcroft LLP.