ON APPEAL FROM THE HIGH COURT
QUEEN'S BENCH DIVISION
MR JUSTICE MITTING
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE BLACK
LORD JUSTICE TOMLINSON
| THE QUEEN ON THE APPLICATION OF TA
NORTH EAST LONDON NHS
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Ms Victoria Butler (instructed by Kennedys Solicitors) appeared on behalf of the Respondent.
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LORD JUSTICE TOMLINSON:
"...you to act as her representative in the matter of the complaint you have made. That being the case, we are unable to proceed with the matter and have, as a consequence closed our file."
"Irrespective of your client's right to complain to the Trust, we maintain the position that Mrs TA must provide her consent before an investigation into this matter can be instigated. Any investigation into the contents and extent of Dr T's report will inevitably involve the scrutiny of Mrs TA's medical records and other papers. For that reason, her consent is required before any investigation of that kind can be instigated."
"The complainant [it says in fact "complainant" but I think it means "complaint"] as to investigation of the report prepared by Dr T does not necessarily require access to all of the patient's previous records in any event."
"The defendant is expected to investigate fully and fairly the [complaint raised] by the Claimant with regard to the conduct, content and manner of compilation of a report prepared and submitted by Dr T dated 3 April 2009 affecting the Claimant."
"1) Judicial review is inappropriate
"2) the proceedings are out of time and time should not be extended
"3) the claim is unarguable on the merits."
"Personal data are exempt from the non-disclosure provisions [of the Act] where the disclosure is required by or under any enactment ..."
That is the only part of section 35 that has been argued to be relevant.
LADY JUSTICE BLACK:
LORD JUSTICE HUGHES:
Order: Appeal dismissed.