AC-2024-LON-001142 - [2025] EWHC 2015 (Admin)

Fecha: 31-Jul-2025

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

This judgment was handed down by the Judge remotely by circulation to the parties' representatives by email and release to The NationalArchives. The date and time for hand down is deemed to be 2pm on 31 July 2025.

Introduction 1

Preliminary issue 3

The decisions under challenge and the issues for determination 8

The factual background 10

The parties 10

The context 14

The chronology relevant to the decisions under challenge and the current proceedings 30

The registration decision 35

The assessment decision 41

IP1 patient data 50

Advocacy 51

O v P 57

The statutory framework 60

The CQC’s statutory objectives 60

Regulated activity 62

Registration of persons who carry on regulated activity 64

Reviews and performance assessments 69

Fundamental standards 70

Statutory guidance for registered persons 71

Relevant legal principles 73

The applicable standard of review 73

Process rationality 78

Outcome rationality 81

The Padfield principle 83

The parties’ arguments 84

The claimants’ position 84

The position of the CQC 88

IP1’s position 92

Analysis and conclusions 95

Preliminary observations 95

(1) Process irrationality 100

(2) Outcome irrationality 118

(3) The Padfield challenge 134

Disposal 136