![AC-2024-LON-001142 - [2025] EWHC 2015 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
The Padfield challenge
The Padfield challenge
This is not a point that was developed in submissions, the claimants effectively accepting that the Padfield principle takes matters no further in this case.
For completeness, however, for the reasons I have already provided. I am unable to see that the matters relied on by the claimants would demonstrate that the CQC’s decisions amount to a frustration of the law (the HSCA or the 2014 Regulations) it was bound to implement.
- 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