In the matter of an application by JR222 for Judicial Review (Northern Ireland) [2024] UKSC 35

In the matter of an application by JR222 for Judicial Review (Appellant) (Northern Ireland) Case ID: UKSC/2023/0006 https://www.supremecourt.uk/cases/uks... Judgment date: 30 October 2024 Neutral citation: [2024] UKSC 35 On appeal from: [2022] NICA 57 Issue: Under section 13(1) of the Inquiries Act 2005, can a minister only suspend a public inquiry where they take the view that it is necessary for the completion of an investigation or civil or criminal proceedings? Facts: In September 2020, the then Minister of Health (the "Minister") ordered a public inquiry (the "Inquiry") under the Inquiries Act 2005 into allegations of abuse at Muckamore Abbey Hospital ("the Hospital"). The allegations also led to a criminal investigation and criminal proceedings, in which the Appellant was charged with criminal offences in respect of alleged abuse committed in the course of her employment at the Hospital. The Appellant requested that the Inquiry be suspended until the conclusion of the criminal proceedings. The Minister refused to exercise his discretion under section 13 of the Inquiries Act 2005 to suspend the Inquiry, on the basis that it was not necessary to suspend the Inquiry to allow for the determination of the criminal proceedings. The Appellant applied for judicial review of the Minister's refusal to suspend the Inquiry. The Appellant argued, among other things, that under section 13(1), the Minister did not have to overcome a necessity test in order to suspend an inquiry to permit the completion of relevant proceedings. Rather, the length of any such suspension was limited to such period as the Minister considered necessary for the completion of those proceedings. The High Court disagreed; it held that the Minister had applied the correct test. On appeal, the Court of Appeal also held that the Minister had applied the correct test. The Appellant now appeals to the Supreme Court. The Supreme Court unanimously dismisses the appeal. More information is available on our website: UKSC 2023/0006