Rodriguez-Bannister, R (on the application of) v Somerset Partnership NHS and Social Care Trust

An adjournment of a judicial review hearing may be refused where the remaining issue is sufficiently defined, the relevant preliminary arrangements can be completed promptly, and the proceedings have already continued for a substantial period. The court may proceed to determine the identified challenge and outstanding procedural issues. Permission to appeal and a stay may also be refused where no sufficient basis is shown for interrupting the proceedings.

The claimant sought an adjournment of a judicial review concerning the number of hours of one-to-one care to be provided by the defendant Trust. During the hearing, the Trust offered arrangements involving a move to Chy-an-Ross and at least 35 hours of weekly one-to-one care for six weeks, followed by further assessment and planning.

The claimant sought time to obtain evidence challenging the arrangements. The court considered the proposed first stage capable of being completed promptly and proceeded to determine the adjournment request, together with related procedural matters.

1. Adjournment. The application to adjourn the judicial review hearing part-heard was refused. The substantive challenge had become confined to the number of hours of one-to-one care. The Trust’s proposed first stage involved discussions, identification of a key worker and any necessary training, but would not take a considerable time and could probably be completed by the beginning of September.
2. The claimant’s request that the Trust identify the evidence supporting the proposed 35 hours of care was irrelevant to the immediate procedural decision. The court was concerned with whether the case should proceed and with the identified challenged decision.
3. The court placed weight on the fact that the proceedings had already continued for a long time and concluded that it was time to reach a decision rather than defer the matter for further evidence about the proposed arrangements.
4. Permission to appeal against refusal of the adjournment was refused. A stay pending an application to the Court of Appeal was also refused. The court directed that a transcript of its short judgment be prepared.

not stated in the judgment.