Civil servants faced ‘unprecedented and unjustified’ scrutiny due to Ranson tribunal

KC finds DHSC litigation was not conducted to a ‘satisfactory standard of competency’

‘Decent and hardworking’ civil servants on the Isle of Man have been subjected to a level of public scrutiny and censure that is ‘unprecedented and unjustified’.

That’s the view of the KC brought in to review government’s handling of the former medical director’s employment tribunal.

Yesterday (1 February) Richard Wright’s 182-page report into the Dr Rosalind Ranson case was published.

You can find it HERE.

He was appointed in June last year to work alongside a select committee looking at the Employment and Equality Tribunal brought by Dr Ranson against the Department of Health and Social Care.  

She was awarded £3.2 million after being unfairly dismissed from her position after whistleblowing.

At the time of his appointment Mr Wright said he was ‘determined to produce an independent and comprehensive report’ as he acknowledged the ‘widespread concern’ the tribunal had caused.

He’s now made 10 conclusions – and 24 recommendations – saying he is ‘acutely aware’ that the Ranson litigation has had a ‘devastating human impact on those embroiled in it’.

Conclusions

Mr Wright says he is satisfied that the defence of the litigation – the process of bringing legal action - by the DHSC was ‘conducted in good faith’ and the decision to defend the claim was ‘legally justifiable’ and appropriate.

However he found there was a ‘clear conflict’ in the role of Kathryn Magson – the then chief executive – who had responsibility for providing instructions to the Attorney General’s Chambers in defence of the claim and also as the principal witness to the events ‘at the heart of the litigation’.

The failure by government to identity that conflict, and take steps to mitigate its effect, contributed to the loss of the litigation and was a ‘serious error’ according to Mr Wright.

The Attorney General’s Chambers also, he said, failed to appreciate the significance and complexity of the claim from the outset and ‘failed to grasp’ the potential for significant reputational damage.

It meant the defence of the claim was under resourced and that, Mr Wright said, was a ‘major contributory factor’ to the loss of the litigation.

Management of disclosure, by the AG’s chambers, was said to have fallen ‘far below the standards required’.

“The failures in disclosure were the single most significant factor in the negative outcome of the litigation from the perspective of the DHSC. The disclosure failings also had a significant effect upon Dr Ranson and her mental health.” – Richard Wright KC

Mr Wright also found there was no evidence that any documents submitted to the tribunal were ‘modified, false or deliberately misleading’.

Recommendations

Tynwald will now be asked to consider a number of recommendations including the introduction of a formal system for triaging any claims in which the AG’s Chambers is instructed.

This, Mr Wright says, would identify claims that are high profile - or which carry a risk of reputational damage - to ensure that an appropriate level of resource and experience is allocated in each case.

High risk, or high value, litigation should be recorded in a ‘risk register’ and be subjected to regular review and high-level decision making should be formally recorded at the time decisions are made.

He also believes compulsory training in disclosure obligations should also be introduced for politicians and civil servants.  

Mr Wright adds the management of the disclosure process, from a departmental perspective, should never again be performed by an individual who is a disputed witness of fact in the litigation.

He also wants to see the chief minister, and all other ministers, conducting government or departmental business from a dedicated ministerial email account.

This would be held by the office of the minister and not the individual who happens to occupy that office at any given time.

Mr Wright also believes consideration should be given to appointing a deemster to serve as head of the Equality and Employment Tribunal on a full-time basis.

Consequences

Whilst the department's litigation was not conducted to a ‘satisfactory standard of competency’ Mr Wright found that was not for any ‘sinister reason’.

His report highlights that he found many instances in which systems had broken down and good governance was lacking.

“One consequence of this protracted and bitter litigation (at the heart of which were two individuals with no previous connection to the Isle of Man employed on fixed term contracts over a relatively short period of time) has been that many decent and hardworking civil servants with a long standing commitment to the service of the Manx people have been subjected to a level of public scrutiny and censure that is both unprecedented and, as I have observed in the body of my report, unjustified.” – Richard Wright KC

However, he adds these are all things that can be fixed and, in many respects, he says he's encouraged to discover that ‘learning has taken place’ and change has already voluntarily been enacted.

Mr Wright adds that if adopted his recommendations will, in his view, further reduce the risk of a repeat of the ‘damaging effects of mismanaged litigation’.

His report has been added to the Tynwald Register for Business and will be debated by the court. 

Mr Wright concludes by saying: “I can only express the hope that there is open and constructive engagement with my recommendations that draws a line under political recrimination and focuses instead on strengthening the systems of government in the best interests of the Manx people.”

The cost of the report so far has been £320,000, with the Clerk of Tynwald's Office having committed to publish the final figure in due course.

Response

In response to the report, Chief Minister Alfred Cannan said: "I am grateful to Mr Wright KC for delivering a comprehensive and impartial review of these complex and emotive legal matters.  

"We will now consider these findings and respond as appropriate."