AC-2024-MAN-000469 - [2025] EWHC 2049 (Admin)

As noted above, the Appellant had placed significant reliance before the Tribunal on the fact that ODP Cousins and Dr Singh had discussed their recollections of events on several occasions. Whilst it was not suggested that this was done in bad faith or that they intentionally colluded to make false allegations, it was submitted that their evidence was contaminated by these discussions.

However, Ms Hearnden rightly highlighted that the no case to answer submissions on behalf of both parties addressed contamination and the Tribunal made findings on this issue in its 31 October 2023 determination: see [25] above. Further, after the evidence had concluded, the parties repeated their submissions on this issue, and the Chair provided appropriate legal advice to the Tribunal on this issue.

The Tribunal had plainly concluded that the issues raised had not contaminated the witnesses’ evidence to the extent that it was unreliable or unhelpful: see [25] above. It was, rightly, not contended that this was an irrational conclusion.

In those circumstances I am not persuaded that the Tribunal’s failure to revisit this issue at the end of the evidence was an error. Ground 4 is therefore dismissed.