Whistleblower tribunal defence 'lacked competency', review finds

Rosalind Ranson was awarded £3.19m in 2023 for unfair dismissal

A review of the management of a whistleblower's tribunal has found the Manx government made errors but "acted in good faith".

Rosalind Ranson was awarded £3.19m in 2023 for unfair dismissal after being sacked as the Department of Health and Social Care's (DHSC) medical director.

Richard Wright KC found the DHSC's defence lacked a "satisfactory standard of competency".

However, he added that failure "was not for any sinister reason".

Mr Wright's report, which made 10 conclusions and 24 recommendations, stated that the DHSC's case was "legally justifiable", but it was "not conducted to a satisfactory standard of competency".

He also said the legal action had had a "devastating human impact on those embroiled in it, not least Dr Ranson herself".

The Tynwald-approved investigation has cost £320,000 to date, with the final figure to be made public at a future date.

'Comprehensive and impartial'

Working alongside a select committee, Mr Wright's review looked at the management by the Manx government of the Ranson v DHSC employment case.

He found there was a "clear conflict" for DHSC chief executive Kathryn Magson, who both had responsibility for providing instructions to the Attorney General's Chambers (AGC) in defence of the claim and was also the principal witness.

He said the "failure to identify that conflict and take steps to mitigate its effect" contributed to the loss of the case and "was a serious error".

The report stated the AGC had "failed to appreciate the significance and complexity of this claim" and "failed to grasp the potential for significant reputational damage".

It also found the AGC's management of disclosure - the exchange of documents between parties - fell "far below the standards required", but there was no evidence any documents were "modified, false or deliberately misleading".

Mr Wright said overall, the DHSC's defence had not been "conducted to a satisfactory standard of competency" but that "was not for any sinister reason".

His recommendations include a formal triage system for claims and compulsory training in disclosure obligations for all politicians and civil servants who may find themselves engaged in a similar process.

In response to the report, which will be brought to the February sitting of Tynwald, Chief Minister Alfred Cannan said he was grateful for the "comprehensive and impartial review of these complex and emotive legal matters".

He added that the government would "now consider these findings and respond as appropriate".

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