Dept May Have Failed in its Duty to Disclose Tribunal Documents

The lawyer representing Dr Rosalind Ranson in her tribunal against the DHSC has criticised the dept for failing to release relevant documents at the proper time.

Dr Ranson claims the DHSC unfairly dismissed her from her job as the island’s Medical Director and that she was unfairly treated because of protected disclosures i.e. whistle blowing.

Oliver Segal QC said that over the weekend he was given two bundles of documents which included new information which may be relevant to the tribunal. However, the DHSC had previously said at an affidavit hearing that it had already disclosed all relevant files. 

Mr Seagal said he had only been able to examine some of the documents and had not been able to take instructions from Dr Ranson on most of them.

As such, he said they shouldn’t be entered into the tribunal at this time and said that the DHSC ‘may’ have failed in its duty to disclose all relevant files when requested and contradicted the sworn affidavits. He told the tribunal: ‘In my 29 years doing this job, this is as close to saying that as I’ve ever been.’

Oliver Segal

Tribunal chairman Douglas Stewart responded to Mr Segal’s comments by saying that documents are ‘vital for open justice’ and made clear his unhappiness with the situation. 

Simon Boyd, representing the DHSC, said he could ‘entirely’ see the point of Mr Segal and pointed out that the case had a ‘long and chequered history’ which has resulted in issues around gathering all relevant files.

Mr Stewart pointed out that he was not criticising any of the legal teams in front of him, instead saying that the ‘dredging’ of documents within the dept had ‘clearly gone wrong’.

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