Jurisdiction(s):
United Kingdom

UK Supreme Court: ‘necessity’ governs decision and period of public inquiry suspension under Inquiries Act 2005 s 13(1); Pepper v Hart applied

Published on: 30 October 2024

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Article summary

In the matter of an application by JR222 for Judicial Review (Northern Ireland) [2024] UKSC 35

Background

This appeal is concerned with the correct construction of IA 2005, s 13(1), a provision that permits the suspension of a public inquiry. At the relevant times to these proceedings, Muckamore Abbey Hospital delivered inpatient assessment and treatment services and care for vulnerable people with severe learning disabilities, mental health needs, and challenging behaviour. In 2017, claims surfaced of improper conduct towards, and abuse of, patients by members of Hospital staff at the Hospital. Independent examinations uncovered systemic shortcomings in safeguarding procedures and deficiencies in governance, which had then caused harm to patients. Those allegations also prompted an investigation by the Police Service of Northern Ireland (PSNI). The Public Prosecution Service for Northern Ireland (PPS) brought charges against the Appellant (JR222), a former staff nurse at the Hospital, together with seven co‑accused, alleging criminal offences arising from abuse said to have occurred in the course of their employment at the Hospital between April and June 2017. Their trial has yet to take place. It forms part of a wide‑ranging criminal investigation by the PSNI, which remains ongoing and has not yet been completed...

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