Affidavit grounding application for judicial review must be sworn personally

Judicial review – leave application – alleged child abuser challenging the decision of the health agency not to furnish him with materials and the decision determining that he committed the abuse - complaint made against a man of child sex abuse – complaint made to the Gardai and health agency – accused was a coach of youth sports teams – health agency took a year to investigate – accused refused request for consent to take up his medical records - medical condition at the time of the alleged incidents was of relevance to an assessment of the veracity of the complaint – health agency determined that he had committed child abuse, was a current threat to children and that third parties should be informed – informed that if the matter was not appealed, or if an appeal was made and was unsuccessful, third parties would be informed - voluntarily ceased to carry out coaching of young people - indicated that he would be appealing the determination – argued that the health board continued to seek his responses which is inconsistent with their having made a decision - significant correspondence – wrote seeking disclosure of certain material from the health agency - sought an unredacted version of the statement of complaint – refused to furnish him with the materials – brought judicial review proceedings – out of time to challenge the determination that he committed the abuse - Court directed that the health agency be on notice to the application - amenability of the investigation process to judicial review - applicant must show some new point of principle regarding a shortcoming in the procedures being applied by the agency in such investigations, as opposed to the mere possibility that the agency will not afford him or her due process within the scope of established procedures which are themselves adequate to ensure natural justice - level of natural justice required - present complaint relates to matters that come well within the level of natural justice that arguably must be afforded - the relevance of discretion and full disclosure to the intervention of the court and any necessary undertakings - purpose of the leave stage in judicial review - duty of full disclosure - discretionary order - distinct lack of co-operation - the need for the accused to personally to swear the grounding affidavit – Rules of the Superior Courts require pleadings in judicial review to be verified by an affidavit of the parties personally – hearsay - historical nature of the allegation not decisive or even necessarily hugely relevant to the question of ongoing risk to children – reasons he should have personally sworn the grounding affidavit – informed the Court that he was not going to swear an affidavit – leave refused – order restraining the publication of information identifying any persons referred to in the proceedings will continue on a permanent basis.