Police Investigation into Dr Michael Richardson and the Rheumatology Department at Jersey General Hospital

​Request 852788670

The Police recently conducted an investigation into Dr Michael Richardson and the Rheumatology Department at Jersey General Hospital - it is understood this included 5 living patients and 7 deceased patients, with the Police obtaining expert evidence from a Rheumatology expert. The Police investigation concluded with no further action. 

In short, we would like full disclosure of the Police's full investigation file into all matters, including a copy of the expert evidence obtained, minutes of any meetings held, witness statements obtained and any other evidence held by the Police relevant to these matters. 

Response 

The requested information includes witness accounts, medical information, expert opinion, and other material obtained by the States of Jersey Police from third parties during the course of a police assessment undertaken to determine whether there were grounds to suspect a criminal offence and whether a criminal investigation should be launched. Much of this information was provided in circumstances giving rise to a duty of confidence. Whilst some of the information relates to deceased individuals and therefore may not constitute personal data for the purposes of the Data Protection (Jersey) Law 2018, a duty of confidence may nevertheless continue to be owed in respect of the information provided concerning those individuals and their families. Disclosure of such information would constitute an actionable breach of confidence. The information is therefore absolutely exempt under Article 26 of the Freedom of Information (Jersey) Law 2011.

The requested information relates to matters connected to deaths for which inquest proceedings have not yet concluded. Disclosure of investigation material while those proceedings remain active could prejudice the administration of justice and may amount to a contempt of court. The information is therefore exempt from disclosure under Article 29 of the Freedom of Information (Jersey) Law 2011. 

Articles applied 

Article 25 Personal information 

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

Article 26 Information supplied in confidence

Information supplied in confidence of the Freedom of Information (Jersey) Law 2011 provides that information is absolutely exempt from disclosure if: a) it was obtained by the scheduled public authority from another person (including another public authority); and (b) disclosure of the information to the public would constitute an actionable breach of confidence.

Article 29 Other prohibitions or restrictions

Information is absolutely exempt information if the disclosure of the information by the scheduled public authority holding it –

(a) is prohibited by or under an enactment;

(b) is incompatible with a European Union or an international obligation that applies to Jersey; or

(c) would constitute or be punishable as a contempt of court.