Response to judge's decision on judicial review

Friday 18 December 2009

Following the publication of Mencap's Death by Indifference report in March 2007, which highlighted the horrific deaths of Martin, Mark, Ted, Tom, Warren and Emma, the cases were referred to the Ombudsman to carry out an investigation into these six deaths. Mencap wanted to challenge some of the findings of this investigation by seeking a judicial review which has been denied.

Mark Goldring, chief executive of learning disability charity Mencap, says:

"Mencap is disappointed that the judge did not grant us approval to seek a judicial review. We believe the Ombudsman should have been more critical of the failure of the health professionals to adhere to disability and human rights law within her reports. We cannot agree with the Ombudsman's conclusion that some of the actions taken by GPs were acceptable because ‘other doctors would have acted in the same way'.

"Since Mencap's Death by Indifference report was published a lot of positive steps have been taken within the health service, however we continue to see more and more shocking cases come through. With the failure of the judge to grant us a judicial review, we remain concerned about the impact this will have on future cases investigated by the Ombudsman.

"Mencap will continue to challenge bad practice and highlight good treatment. We want to ensure that the lives of people with a learning disability are valued equally and that they receive the healthcare they have a right too."

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Contact: Stacey Kerr, Mencap media team, stacey.kerr@mencap.org.uk, 020 7696 6950, out of hours mobile: 07770 656659.