A Judicial Review claim challenged the decision by the Department of Health and NHS England not to set up a full, independent investigation into concerns about Dr Stan’s conduct at Royal Cornwall Hospital.
What happened?
The case was heard in February 2026, and the court has now delivered its decision. The court accepted that the treatment experienced by patients was deeply distressing and intrusive. It also found that the treatment was arguably serious enough to amount to “degrading and inhuman treatment” under human rights law. However, the court decided not to order a wider, independent investigation.
Why was an investigation not ordered?
The Judge concluded that a number of existing processes mean the issues have been or are being investigated. These include:
- Action taken by the General Medical Council (GMC), which resulted in Dr Stan being struck off the medical register
- An ongoing police investigation
- Previous investigations carried out by the Hospital
- Civil claims brought by affected patients
The court found that, taken together, these steps mean the State has met its legal duty to investigate.
Concerns about the Hospital
Although a further independent investigation was not required at this stage, the court did say that the Hospital could still choose to carry out further investigation. The Judge highlighted that Dr Stan was able to continue his behaviour after the concerns were raised in March 2020 and it was arguable the issues should have been identified earlier.
What does this mean?
The ruling is significant because it recognises the seriousness of what patients experienced and that human rights protection can apply in medical settings.
It should also send a clear message to NHS organisations about the importance of investigating serious concerns properly
Gary Walker, Partner at Enable Law and head of the specialist abuse team said:
“The Court has recognised the seriousness of what our clients experienced and acknowledged that it may amount to inhuman and degrading treatment. That is a significant and important finding. However, many patients will be understandably disappointed that a full independent investigation has not been ordered.
We are now carefully considering the judgment and what further steps can be taken to ensure that lessons are fully learned and that patients receive the answers they deserve.”
Enable Law are supporting a number of clients affected by Dr Stan. If you or your loved ones have been affected by what happened a member of our specialist Abuse team will be able to help you. We are already representing over 30 people seeking answers and compensation for what was done. All discussions are free of charge and completely confidential. To speak to Gary Walker and his team contact us on 0800 044 8488 or fill in the form here so we can call you back at a time convenient for you.
