Facts: Two doctors applied for a judicial review of the Ombudsman’s decision that they had provided unacceptable care to a 76-year-old patient.

Judgment: Lewis J held that, whilst the patient’s widow had explicitly complained only about the care provided by the second doctor, it had been reasonable for the Ombudsman to read her complaint as intending to encompass all the care her husband had received, including care from the first doctor, whom the widow’s correspondence did refer to, given that the Ombudsman had treated both doctors fairly, providing them with written notice of the complaint and giving them a fair opportunity to respond to that and to the Ombudsman’s draft report. The process had been fair and the Ombudsman had been entitled to assess financial redress having regard to damages awards in negligence actions. In addition, the Ombudsman had been entitled to determine the complaint notwithstanding the availability to the widow and complainant of a negligence action given that he had been satisfied that the widow’s main goal was an acknowledgement of failings, an apology and future change.