Legal review of HSE investigation

sparkling sea

If the findings of an investigation by the HSE are subject to a legal review, what does this mean?

I have been waiting for the outcome of an investigation and have now heard a legal review of the investigation is been carried out. I can't find out why or who is carrying out this review.

How does a legal review differ from a judical review - what are the implications of a legal review.

Any help or info would be really appreciated - thanks

Doctor C

I think this means that the HSE has engaged a solicitor to read the report on the investigation committee that carried out the inquiry. This is usually to ensure that fair procedure was used during the investigation process and to ensure the consequences for any party to the inquiry are in compliance with proper legal processes. The solicitor would also advise on any issues in the report that might be libelous.

As far as I know a judicial review is a review by the civil courts of a particular process. This is usually undertaken on the basis of a legal challenge by a party to the investigation.

Hope this helps.

Delancey

Doctor C wrote: »

I think this means that the HSE has engaged a solicitor to read the report on the investigation committee that carried out the inquiry. This is usually to ensure that fair procedure was used during the investigation process and to ensure the consequences for any party to the inquiry are in compliance with proper legal processes. The solicitor would also advise on any issues in the report that might be libelous.

As far as I know a judicial review is a review by the civil courts of a particular process. This is usually undertaken on the basis of a legal challenge by a party to the investigation.

Hope this helps.

All of which means that in all probability the report when/if released will be sanitised and will not apportion blame to any named individuals.

HSE reports will invariably blame ' Communication Breakdowns ' , ' Systemic Failures ' , etc but never name anyone - the HSE doesn't ' do ' accountability.

Just look at the report into deaths of children in care.....

sparkling sea

Doctor C wrote: »

I think this means that the HSE has engaged a solicitor to read the report on the investigation committee that carried out the inquiry. This is usually to ensure that fair procedure was used during the investigation process and to ensure the consequences for any party to the inquiry are in compliance with proper legal processes. The solicitor would also advise on any issues in the report that might be libelous.

As far as I know a judicial review is a review by the civil courts of a particular process. This is usually undertaken on the basis of a legal challenge by a party to the investigation.

Hope this helps.

Thanks for clarifying that, its of great help

sparkling sea

Delancey wrote: »

All of which means that in all probability the report when/if released will be sanitised and will not apportion blame to any named individuals.

HSE reports will invariably blame ' Communication Breakdowns ' , ' Systemic Failures ' , etc but never name anyone - the HSE doesn't ' do ' accountability.

Just look at the report into deaths of children in care.....

The draft conslusion does exactly that blames no one and uses buzz words; waste of time and money and an even bigger waste of hope:mad:

Departed

sparkling sea wrote: »

The draft conslusion does exactly that blames no one and uses buzz words; waste of time and money and an even bigger waste of hope:mad:

did you complain to the ombudsman?

I can't find out why or who is carrying out this review.

Freedom of Information?

McCrack

OP is this a disciplinary matter or a patient care matter?

I would be very wary and skeptical of the HSE investigating itself.

Departed

McCrack wrote: »

OP is this a disciplinary matter or a patient care matter?

I would be very wary and skeptical of the HSE investigating itself.

me too which is why i mentioned ombudsman

sparkling sea

Draft report is now being subjected to a legal review - the ombudsman will not get involved until the findings and conclusion of investigation are published.

The draft report was vague and inconclusive despite clear evidence of blameworthyness been shown - thats how it always pans out from what I have heard.
However there were some very spurious inferences drawn by the investigating board; I would imagine this is the reason for the review.

Freedom of information will take 40 days and the HSE or the investigative board have not been helpful in any way regarding the giving of information (for what ever reason - there may be a legal reason I don't know).

The HSE regularly investigate themself, its a joke, its costly but its Ireland !!