Should the Chair of an Inquiry into historic child abuse recuse herself on the grounds that she had previously acted in a case against two of the parties who are likely to come under scrutiny? That was the issue before the Court of Session in Congregation of the Poor Sisters of Nazareth & Anor, for Judicial Review [2015] CSOH 87.
Background
On 28 May 2015 the Scottish Ministers appointed Ms Susan O’Brien QC to chair an inquiry under the Inquiries Act 2005 into historic child abuse in Scotland. She was due to commence her duties on 1 July 2015. The petitioners, the Congregation of the Poor Sisters of Nazareth and the Daughters of Charity of St Vincent de Paul, both operated care homes for children in Scotland between the 1950s and the 1970s; and those homes will come under scrutiny in the course of the Inquiry. The petitioners challenged Ms O’Brien’s appointment and sought reduction of the Scottish Ministers’ decision of 28 May.