![AC-2024-LON-001142 - [2025] EWHC 2015 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
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Neutral Citation Number: [2025] EWHC 2015 (Admin)
Case No: AC-2024-LON-001142
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: Thursday 31 July 2025
Before :
MRS JUSTICE EADY DBE
Between :
THE KING on the application of: (1) SUSAN EVANS and (2) XX | Claimants |
- and - | |
CARE QUALITY COMMISSION (1) GENDER PLUS HEALTHCARE LIMITED (2) SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE (3) NATIONAL HEALTH SERVICE COMMISSIONING BOARD (4) YY (5) ZZ | Defendant Interested Parties |
Tom Cross KC and Oliver Jackson (instructed by Sinclairslaw) for the Claimants
Jamie BurtonKC (instructed by CQC Legal Services) for the Defendant
Peter Mant KC (instructed by Rook Irwin Sweeney LLP) for the First Interested Party
Hearing dates: 24 and 25 June 2025
Approved Judgment
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- 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