Source: All England Reporter
Publisher Citation: [2012] All ER (D) 130 (Oct)
Neutral Citation: [2012] EWCA Civ 1292
Court: Court of Appeal, Civil Division
Judge:

Lord Dyson MR, Davis and Treacy LJJ

Representation Matthew Stanbury (instructed by Goddard Smith Ltd, Wigan) for the claimant.
  Cicely Hayward (instructed by the Independent Police Complaints Commission) for the Commission.
Judgment Dates: 15 October 2012

Catchwords

Judicial review - Application for permission to apply for judicial review - Claimant seeking judicial review of decision of Independent Police Complaints Commission - Claimant appealing against refusal of permission - Claimant's mother dying while in hospital - Claimant alerting police to possible gross negligence manslaughter - Claimant dissatisfied with police investigation and complaining to standards board - Complaint not upheld - Claimant referring complaint to defendant Independent Police Complaints Commission - Commission upholding earlier decision - Claimant's application for permission to bring judicial review proceedings agaisnt Commission being refused - Claimant appealing - Whether defendant's decision irrational.

The Case

Judicial review Application for permission to apply for judicial review. When the claimant's mother died while in hospital, the claimant suspected that medical staff at the hospital had killed his mother in an attempt to hide their earlier mistakes and had then conspired to cover up the true circumstances of the death. The claimant was dissatisfied with the police investigation and complained to the police standards branch of the relevant force. When that complaint was found not proved, he complained to the defendant Independent Police Complaints Commission, who also found his allegations unproven. The claimant applied for leave to bring judicial review proceedings. That application was refused. The claimant appealed to the Court of Appeal, Civil Division, which dismissed his application to renew his judicial review proceedings finding that, on the facts, the Commission had been entitled to conclude as it had because the complaint that the claimant sought to rely upon had not previously been clearly raised by him.

Practice Areas

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