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Conclusions
Disposal
For the reasons explained in the body of this judgment, I duly dismiss the claimants’ claim.
- Heading
- This judgment was handed down by the Judge remotely by circulation to the parties' representatives by email and release to The National Archives. The date and time for hand down is deemed to be 2pm on
- Mrs Justice Eady DBE
- Preliminary issue
- The decisions under challenge and the issues for determination
- The factual background
- The context
- The chronology relevant to the decisions under challenge and the current proceedings
- The registration decision
- The assessment decision
- IP1 patient data
- Advocacy
- O v P
- The statutory framework
- Regulated activity
- Registration of persons who carry on regulated activity
- Reviews and performance assessments
- Fundamental standards
- Statutory guidance for registered persons
- Relevant legal principles
- Process rationality
- Outcome rationality
- The Padfield principle
- The parties’ arguments
- The position of the CQC
- IP1’s position
- Analysis and conclusions
- Process irrationality
- Outcome irrationality
- The Padfield challenge
- Conclusions