JR 47’s Application
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Judgment Date | 2013 |
| Neutral Citation | [2013] NIQB 7 |
| Date | 25 January 2013 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2013] NIQB 7 Ref:
McCL8735
Judgment: approved by the Court for handing down Delivered:
07/05/11
31/01/03
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
______
QUEEN'S BENCH DIVISION (JUDICIAL REVIEW)
________
JR 47’s Application [2013] NIQB 7
IN THE MATTER OF AN APPLICATION BY JR 47 FOR JUDICIAL REVIEW
PREFACE
Judgment herein was given originally on 7th May 2011- see [2011] NIQB
42. The outcome was an order dismissing the application for judicial
review. An appeal was ensued. This resulted in an incomplete hearing in
the Court of Appeal and remittal to this court. This was an exercise of
the power contained in section 38(1)(b) of the Judicature (NI) Act 1978.
In essence, the twofold impetus for the remittal was the Appellant’s
wish to rely on new arguments and new evidence. While the Order of
the Court of Appeal required the Appellant to provide amended
grounds of challenge by 18th June 2012, this did not materialise until 22nd
November 2012. Furthermore, while the case had proceeded solely
against the Department of Health, Social Services and Public Safety for
Northern Ireland initially, the remitted phase of these proceedings
entailed the joinder of an additional Respondent, the Belfast Health and
Social Care Trust. The further hearing eventually ended on 25th January
2013. The judgment of the Court has been augmented accordingly: see
paragraphs [46] – [87].
2
McCloskey J
I INTRODUCTION
[1] The subject matter of this application for judicial review is the resettlement
into the community of an adult person, whom I shall describe as Mr. “E”, from the
setting of Muckamore Hospital, County Antrim, where he has resided since 1997.
The Respondent is the Department of Health, Social Services and Public Safety “the
Department”. Mr. E’s challenge is, of course, fact specific. However, its resolution by
the court potentially has implications for the other members – some two hundred in
total - of the cohort to which he belongs. In this respect, I am conscious of certain
other judicial review applications which are effectively (though not formally) stayed,
pending the promulgation of this judgment. Having made the aforementioned
observations, it is appropriate to add that the extent to which this judgment is
determinative of any of the other cases will be a matter for reflection and evaluation.
[2] Mr. E’s case, as formulated, traces the beginning of the “story” to 1978. The
landmarks belonging to the period under scrutiny, of approximately three decades,
can be readily identified in a chronological table helpfully prepared by the parties at
the request of the court, which I reproduce below.
Date
Document/Event
Description
1978
Service for Mentally
Handicapped in NI
Departmental Policy document
1997
Applicant readmitted to
Muckamore Abbey Hospital
Hospital Order under the Mental
Health Order
1997-2002
Regional Strategy for Health
and Wellbeing 1997-2002
2000
Applicant’s Hospital Order
ended, but continued in
hospital as voluntary patient
receiving therapeutic
interventions – offence related
2002
Bamford Report Commissioned
Equal Lives Report relating to
3
Date
Document/Event
Description
by DHSSPS – completed in 2007
Learning Disability – September
2005
2004
A Healthier Future: A Twenty
Year Vision for Health and
Wellbeing in Northern Ireland
2005-2025
2007
October 2007 – NI Executive
first Draft Programme for
Government
May 2008
Hansard Report on Health
Committee response to
Bamford Review
Debate
2008
DHSSPS Priorities for Action
2008-2009
June 2008
Response of NI Executive to the
Bamford Review – Delivering
the Bamford Vision
NI Executive Consultation
Document
2009
DHSSPS Priorities for Action
2010-2011
2009
Belfast Health and Social Care
Trust
Mental Health and Learning
Disability Modernisation
Framework
February 2009
Resettlement Steering Group
Report
7 October 2009
Northern Ireland Audit Office
Report
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6 cases
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Wilson (Eileen) Application for Judicial Review and Kitchen (May) Application for Judicial Review and Eileen Wilson and (1) Department of Health for Northern Ireland (2) South Eastern Health and Social Care Trust (3) The Health and Social Care Board The Commissioner for Older People for Northern Ireland
...on the respondents to provide the treatment – the duty of “provision.” [54] Before analysing this argument, I turn to the case of JR47 [2013] NIQB 7 where McCloskey J, again, was dealing with the responsibilities of the Department and a Trust in relation to resettlement in the community. [5......
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JR138's (Acting by her mother and next friend) Application and in the matter of decisions of the South Eastern Health and Social Care Trust
...by way of accommodation was suitable. In that case, O’Hara J relied on an earlier decision of McCloskey J in Re JR47’s Application [2013] NIQB 7 involving a yet further (although analogous) duty, in that case relating to resettling someone who had been discharged into the community from lon......
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JR127's Application and in the matter of a decision by A Health and Social Care Trust
...to comply with similar statutory duties – see the 19 judgment of O’Hara J in SW2 [2018] NIQB 104 and McCloskey J (as he then was) in JR47 [2013] NIQB 7. [94] Whether the obligation of the respondent is assessed on the basis of an “absolute duty” or a duty subject to Wednesbury review I cons......
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OC's (A Minor) Application and LH's (A Minor) Application In the matter of a decision by a Health and Social Care Trust
...position of the respondents in these cases should be allowed a reasonable time to comply with the absolute duty. In JR47’s Application [2013] NIQB 7, in the context of the provision of accommodation to vulnerable adults in the fulfilment of duties to them under the Health and Personal Socia......
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