New judgment: Re an application by JR55 for Judicial Review (Northern Ireland)  UKSC 22
11 Wednesday May 2016
On appeal from:  NICA 11
The Supreme Court unanimously dismisses an appeal by the Northern Ireland Commissioner for Complaints, holding that the Commissioner had (i) no power to recommend the payment of a money sum against an individual who was not a public authority in an investigation under the Commissioner for Complaints (Northern Ireland) Order 1996, art 8; and (ii) no power to make a special report drawing the attention of the legislature to such a person’s failure to comply with a recommendation. The Complaints Commissioner does not have the power to recommend monetary redress – this is because his recommendations are not binding as a matter of private law, and a private individual such as a GP has no relevant duties in public law. Furthermore, a private individual has no means of effectively challenging the Commissioner’s findings on the merits of the case before a court.