BL-2023-000620 - [2025] EWHC 2465 (Ch)

I conclude that the MDU’s formulation of Issue 4, as acknowledged to include internal guidelines, sufficiently captures the relevant categories of documents of which it is reasonable and proportionate to order disclosure, bearing in mind the point about the limit on the width of appropriate disclosure made in Portman BS. I consider that the internal documents to be disclosed will enable any inconsistency with public statements to be identified.

The claimant proposes Issue 6 as follows:

“The reasons for MDU ceasing to provide cover for spinal surgery/surgeons performing spinal surgery in or around 2017 (including any memos, minutes of policy or management meetings discussing the same).”

The MDU objects to the inclusion of this issue as it is directed to the MDU’s general operation and to a change of policy to stop funding matters arising from spinal surgery incidents occurring after June 2017 and which had no application to the Challenged Decisions. The MDU says that any properly disclosable documents would be captured by Issue 3 or 4.

I am entirely unpersuaded that this is an issue for disclosure in the instant claim.

Mr Tolias proposes that there should be a Model C Request so far as concerns Issue 4 as follows:

“Copies of any training documents, instructions, mission statements, memos or other materials provided in the period 2012-2018 to individuals working for MDU and/or MDU staff which set out the MDU’s policy and/or guidance in relation to dealing with requests for discretionary assistance; and the approach to be applied by decision-makers considering such requests.”

As I understand the correspondence it is said that this is an alternative to IFD4 not an addition.

The MDU does not agree with what it describes as an expansive Model C request and says that the relevant disclosable documents are captured by Issues 3 and 4.

Having made my decisions about Issues 3 and 4 for the reasons I have given, I am not persuaded that there is any need or reasonable and proportionate purpose to ordering this wide-ranging request for a diffuse collection of documents as described in this proposed Model C Request.