W, R (on the application of) v National Care Standards Commission

Computer-Aided Transcript of the Stenograph Notes of Smith Bernal Wordwave Limited 190 Fleet Street London EC4A 2AG Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)

MR ROBIN ALLEN QC and MR P SPENCER (instructed by Gilbert Stephens of Exeter) appeared on behalf of the CLAIMANT MR ROGER McCarthy QC and MISS TINA COOK and MR A WITHENDON (instructed by Legal Department of National Care Standards Commission) appeared on behalf of the DEFENDANT ____________________

Thus the tribunal is not bound by the rules of evidence and the chairman is given a wide discretion to include all evidence he or she thinks it is just to receive. At the conclusion of the hearing the tribunal is bound by Rule 11 (2) to -

The tribunal went on to remind itself this was one aspect only of the test of fitness.

They therefore dismissed the appeal. In this part of their decision the tribunal was plainly concerned to reach its overall view standing back from the particular allegations with which, no doubt, most of the hearing had been concerned.