Judicial review of Muckamore Abbey Hospital Inquiry rejected

Judicial review of Muckamore Abbey Hospital Inquiry rejected

Northern Ireland’s High Court has rejected an application for judicial review of the Muckamore Abbey Hospital Inquiry’s decision not to call any former health ministers to give evidence.

Mr Justice Humphreys ruled on Friday that the decision was procedurally fair, adding that it was not the role of the courts to “micro-manage” a public inquiry.

The proceedings, brought by former patients of Muckamore Abbey Hospital, challenged the perceived failure to call any of the seven health ministers who served during the period from 1991 to 2021 which the inquiry is examining.

It also challenged the perceived failure to call a specific consultant psychiatrist, as the expert panel decided it had received sufficient evidence from four psychiatrists and broad views from across bands, seniority and wards over the relevant time period.

The former patients also objected to the scheduling of closing statements prior to the informal resettlement sessions to allow core participants to share their more recent experiences of resettlement in order to assist the inquiry to make recommendations.

In a statement, inquiry chair Tom Kark KC said: “We welcome that the court has dismissed, on all grounds, challenges to the Muckamore Abbey Hospital Inquiry.

“The conclusions reached by the court find that the work and decision making of the Inquiry in respect of these issues has been lawful and rational.”

He continued: “The next step will be for the inquiry to hear the closing statements by core participants so that the panel can progress the writing of the report and making recommendations to ensure the learning-disabled community in Northern Ireland is safe and well cared for.

“The inquiry will also now move forward with planning the innovative approach to further patient/relative participation in order to receive contemporaneous information on the issue of resettlement.

“The purpose of this is to provide the panel with information about recent experiences of resettlement, outside of the formal structure of providing evidence, in order to inform its recommendations.”

He added: “The inquiry has gone to considerable lengths to gather evidence and listen to witnesses over the past three years.

“This has included over 240 witnesses covering every aspect of the hospital; with statements and evidence from over 90 patients and relatives; 53 members of staff at every level; the Trust Board and several Chief Executives; the Chief Social Worker, Chief Nursing Officer, and Chief Medical Officer, and two Permanent Secretaries at the Department of Health.”

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