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Ex-DHSC CEO and minister didn't disclose all documents to Ranson tribunal

Department's lawyer calls for adjournment, but tribunal chairman says proceedings continue tomorrow

The former chief executive and minister of the Department of Health and Social Care didn't disclose all e-mails discussing the Island's medical director when asked to provide documents to an employment tribunal.

A tribunal, looking into how documents were disclosed at an earlier hearing, was told Dr Rosalind Ranson only obtained all documents about her after submitting a Data Access Request.

Oliver Segal QC, representing Dr Ranson, read from a series of statements from civil servants involved in the disclosure process.

One stated Kathryn Magson, the now former chief executive of the DHSC, had checked all documents before they were sent to the Attorney General's Chambers at the start of the process - but the later request from Dr Ranson found additional paperwork.

Mr Segal told the panel the DHSC had not explained why these documents were originally omitted and stated that they were files which proved the department's defence was based on a lie.

He also raised concerns about how David Ashford MHK, who was the health minister at the time of Dr Ranson's dismissal, complied with the request for files on the medical director.

Mr Ashford initially responded to say his only files were emails between himself and Miss Magson and that she would provide those.

However the further request from Dr Ranson found two email exchanges not involving Miss Magson - including one from Douglas East MHK Clare Barber who was then a political member for the DHSC.

She asked the minister why Manx Care had appointed an interim medical director, questioning whether Dr Ranson was leaving and voicing concern that this would be a 'huge loss' for the healthcare body.

Mr Segal claims the exchanges Mr Ashford didn't originally disclose show him praising Dr Ranson - something that the lawyer says undermines his original statement to the tribunal.

Dr Ranson's legal team told the tribunal it would be reserving its position on the conduct of the Attorney General's Chambers on how it managed the disclosure process subject to further evidence from the chambers.

It was also confirmed that evidence on alleged concocted documents won't be discussed at this hearing pending the outcome of an investigation by private investigators Expol.

Jonathan Wild, representing the health department, called for proceedings to be paused raising concerns that neither Miss Magson nor Mr Ashford had given evidence to this hearing and that, as neither remain with the DHSC, they're not his clients.

Despite Mr Wild's suggestion that matters be adjourned until the conclusion of the Expol investigation the chairman of the tribunal confirmed proceedings will continue tomorrow (31 August).

A further hearing is due to take place in January to determine what damages Dr Ranson will receive after the litigation hearing found she was unfairly dismissed for whistleblowing.

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