29.19In the matter of an application by JR55 for Judicial Review (Northern Ireland) [2016] UKSC 22, [2016] 4 All ER 799
When conducting investigations under article 8 of the Commissioner for Complaints (Northern Ireland) Order 1996 the Northern Ireland Commissioner for Complaints had no power to recommend the payment of a sum of money against an individual who was not a public body and had no relevant public law duties
Facts: the Northern Ireland Commissioner for Complaints investigated under article 8 of the Commissioner for Complaints (Northern Ireland) Order 1996 and found that a GP had failed to provide a reasonable level of care and treatment and was guilty of maladministration. He recommended that the GP should make a payment of £10,000.00 to the patient’s widow. The GP declined to pay and the Commissioner indicated that he was minded to issue a special report to the Northern Ireland legislature on the GP’s failure to comply.
Judgment: the Supreme Court (Neuberger, Clarke, Sumption, Carnwath and Toulson JJSC) held that the Commissioner had been entitled to undertake an investigation, despite the fact that the widow had a court remedy, on the basis that it had not been reasonable to expect the widow to resort to the law because she was not seeking monetary redress but only an explanation of what had gone wrong – but it was consequently not reasonable or proper to recommend monetary redress. In any event, the Commissioner had not power to recommend monetary redress during an investigation under article 8 of the Commissioner for Complaints (Northern Ireland) Order 1996, under which the persons liable to be investigated were not public bodies but individuals providing professional services to the NHS under contracts or other consensual arrangements.