Cecil Clothier
Encyclopedia
Sir Cecil Montacute 'Spike' Clothier KCB QC
(August 28 1919 – May 8 2010) was a lawyer
who served as a Judge of Appeal
on the Isle of Man
, and then as Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales (Parliamentary and Health Service Ombudsman). He was later the first Chairman of the Police Complaints Authority
.
to a devout Catholic family. He was educated at Stonyhurst College
and won a senior history scholarship to read law
at Lincoln College, Oxford
. The outbreak of the Second World War cut short his studies and he refused to apply for a post in the Judge Advocate General's office in 1939. This led to a twenty-year long rift with his father, a dentist who had seen dreadful jaw injuries during the First World War. Clothier joined the Royal Signals
and served with the 51st (Highland) Division at the Battle of El Alamein
, where he was responsible for laying communication lines and setting up radio equipment. He undertook deception duties in a radio truck and made transmissions from unmanned positions in English and Scottish accents to confuse the enemy. He discovered that the greatest danger came from enemy aircraft and from a lack of sleep, instanced by an occasion when he woke to discover that he was riding his motorcycle down an embankment into a minefield. Clothier acquired the nickname 'Spike' after a film character. He became a popular pianist in the officers' mess
and acquired a love of flying when an American pilot offered a flight and landed on a road by a Sicilian village where they had an impromptu swim. In 1943 Clothier was transferred to Washington, D.C.
where he served as a staff officer, sitting on committees dealing with technical developments and radio-frequency allocation. He continued his passion for flying by qualifying as a pilot. He also encountered the actress Mae West
who was so impressed with Clothier that she said she would send her son to Oxford University
to learn to speak like him. Clothier developed a lasting love of the United States
during his time in Washington, D.C. When Clothier left the Army in 1946, he had reached the rank of Lieutenant-Colonel.
on transformers while reading for the Bar
in his spare time. Passing his exams, he applied for Inner Temple
but was turned down because he was 'in trade'. An uncle, a Bencher
and former Treasurer of Inner Temple, helped reverse the decision and Clothier was called to the Bar in 1950.
Clothier started his career as a barrister
in Liverpool. In his first case, Clothier defended a man with 73 previous convictions accused of throwing a brick through a shop window. Clothier made his name as a skilful industrial accident lawyer. However, with his command of technical details, he widened his practice to personal injury
, professional negligence and commercial work
, including corporate crime
. Clothier acquired a speciality in cases that involved adverse reactions to drugs - he advised ICI
over reparations for patients who had suffered side-effects from taking Eraldin and recommended that it create a scheme of full compensation.
In 1965, Clothier took silk and was also appointed recorder
of Blackpool
. When the courts were reorganised, Clothier was appointed a deputy Crown court
judge, serving until 1978. In 1972, Clothier was appointed a Judge of Appeal
on the Isle of Man and served until 1978. When serving on the bench, Clothier was a legal assessor to the General Medical
and Dental
councils and a member of the Royal Commission on National Health.
: coming to my task without previous close experience with the work of either Parliament or the Executive, I have been much impressed by both. Clothier did not seek to alter the Office, but to develop it along the lines laid out by his predecessors. After a drop in the number of complaints received, the Office handled 1,031 in 1980, the fourth highest since the Office opened in 1967. Clothier continued the practice of arousing public awareness of the Office, eagerly accepting invitations to talk to groups in different parts of the country and determined that people should regard the Ombudsman as fundamental feature of the constitution
. The last thing an Ombudsman wants to be observed Clothier, is distant, cold and inaccessible. Yet it was also important not to incite [the public] to grumble about nothing in particular. In the first statutory extension of the Ombudsman's remit since 1967, the Office was permitted to investigate the actions of consular staff
abroad in their duties towards United Kingdom citizens. Clothier also considered that in instances where it was questionable whether an investigation should be undertaken or not, that he would lean in favour of the complainant. Even so, if the complainant was unable to produce prima facie evidence of maladministration, Clothier was bound to reject the complaint.
alongside the regularly quarterly and annual reports. An important report concerned the illegal occupation of Government land in Worcestershire
by forty gypsy families in 1978. They were joined by families of Irish travellers and serious damage to Government-owned buildings occurred. Two farmers complained to have been affected by this, and their complaints were referred to Clothier. He found that the Government was not to blame for the original occupation and that the decision to refrain from eviction had been reasonable in the circumstances. He nevertheless found that officials were unable to make a decision to bring the situation under control, that Ministers were not brought into consultation at an early enough stage and that it took too long for an agreement to be reached on the decision to be taken. Clothier was therefore able to attribute part of the losses incurred by the farmers to maladministration and considered it appropriate for the departments concerned to offer ex gratia compensation.
Another significant case was that of John Preece, who complained of a four year delay by the Home Office
and the Scottish Home and Health Department in reviewing his conviction for murder following the suspension from duty of the forensic scientist who had been an expert witness at his trial. Clothier observed that, although it was not the duty of the Home Office to actively look for miscarriages of justice, the circumstances of the case made the matter wholly exceptional. Clothier concluded that a miscarriage of justice where a person loses his or her liberty was one of the gravest matters which can occupy the attention of a civilised society. An exceptional effort was necessary to remedy the consequences of what he described as a pollution of justice at its source. Clothier noted sadly that when the Home Office became aware of shortcomings which struck at the very roots of justice it did not act with the urgency that was required. The Select Committee reinforced the conclusions of Clothier, summing up the affair as a sorry saga. Mr Preece, having already had his conviction quashed, received £77,000 in compensation. The Home Office identified a further 129 cases that required re-examination, 16 of which were sent to the Court of Appeal
for re-consideration.
in 1981 which sought to explain the differences between the Parliamentary and Health Service functions exercised by the Office and the jurisdiction over local authorities exercised by the Local Government Ombudsman. Film presentations of the functions of the Office were also produced for use in schools and libraries. Clothier found it problematic that some half of all complaints he received related wholly or partly to actions arising from the exercise of clinical judgment, a matter on which he was not empowered to investigate. Clothier commented that it was a source of some embarrassment when I have to send rejection letters to complainants explaining this particular jurisdictional exclusion. Many find it very difficult indeed to understand or accept it. There was continued opposition from the medical profession to the extension of the Ombudsman's jurisdiction to encompass matters of clinical judgment. Throughout Clothier's tenure as Ombudsman, the question continued to be wrestled over by the Select Committee and the Joint Consultants Committee without significant inroads being made into the medical profession's opposition. All the while, the number of complaints received by the Ombudsman increased: from 562 in 1979-80 to 895 in 1983-84.
Clothier dealt with notable cases during his time as Health Service Ombudsman. When a health authority found that a bogus doctor had operated on a number of patients it decided not to inform them that their operations had been performed by the 'doctor'. A complaint was made by the Patients' Association, however Clothier did not investigate on the grounds that there was no evidence that the Association was asked to complain on by any aggrieved individuals. Clothier also handled a case in which a local councillor had received an anonymous leaflet supporting fluoridation of water. It transpired, after four months, that the leaflet had emanated from the local health authority. Clothier concluded that the authorship of the leaflet should have been disclosed without delay. He understood that the councillor wished to know what Jove-like hand had sent the leaflet. His verdict on the leaflet itself was damning. It was a very poor production and far below the standard I would expect an Authority to achieve in communication with the public. The shame at producing the hopeless leaflet did not excuse the subsequent administrative ineptitudes, to which only Franz Kafka
could do justice. The whole episode has been a very great waste of my time and everyone else's. One of the most serious cases investigated by Clothier concerned a complaint from a mother that her baby was born dead due to a catalogue of failures in maternity care at the hospital. Clothier decided for the first time since the establishment of the Office to hold a formal hearing and take evidence on oath. Clothier concluded that the midwives who gave evidence were untruthful. The complainant was shamefully neglected at her time of need and that records of routine checks had been falsified. Clothier concluded that it was difficult to imagine a more serious failure in the service as the health authority admitted that the baby could have survived if reasonable care had been given to the mother.
. It had been important to Clothier to give the citizen a leg up against what must seem to him to be the impenetrable vastness of Whitehall. And although he was criticised for the slowness of his investigations, he retorted that "my investigative powers are as good as you'll get in a democracy – the next best thing to the rack."
, commanding a dignified office in Whitehall
and bringing it under the authority of the Home Affairs Select Committee
. His term as Chairman of the Authority was a turbulent one, and he often earned the hosility of both the complainants and the police.
He noted that the Metropolitan Police
received more complaints than any other force in the country and that it was also least inclined to cooperate with the Authority. Clothier sought to improve transparency and pressed for powers to dismiss unsuitable officers and to prevent officers under investigation from being able to resign with a full pension on health grounds. Revelations of miscarriages of justice caused anger, and the Police Federation
passed votes of no-confidence in the Authority and himself as Chairman on four occasions. Clothier reflected that he would be a lot more worried if they passed a vote of confidence. It might suggest that some of the accusations that we work hand in glove with the police are true. Clothier was indeed accused of working hand in glove with the police. When the police used, as Clothier admitted, excessive force to break up a hippy peace convoy near Stonehenge
, he did not recommend that a single disciplinary charge be brought against the 1,363 officers involved. When the police forcibly broke up a student demonstration in Manchester in 1985 and 100 complaints were received, officers were not required by the Authority to name colleagues who had behaved improperly. Clothier commented that failure to denounce one's friends and relations has never been a subject for discipline in any civilised body of people.
Clothier followed his term at the Police Complaints Authority with appointments to the Senior Salaries Review Body from 1989 to 1995, as Vice-President of the Interception of Communications Tribunal between 1986 and 1996 and Chairman of the Committee on Ethics of Gene Therapy between 1990 and 1992. He also chaired two commissions on the governance of Jersey
, one concerning policing and other concerning the constitution.
. Clothier trenchantly refused to hold a public inquiry, earning him vociferous hostility from both the victims' families and widespread criticism from the media. Clothier reasoned that people were capable of telling blatant lies under oath. In the absence of friends, colleagues, parents and the press, witnesses could speak with "a frankness which can be startling". Clothier continued that "if you really want to know what people are thinking in an extremely delicate matter, you need to see them in circumstances when they do not feel threatened." Clothier was asked about the similar case of Dr Harold Shipman in 2000 and explained that few people could be found to criticise colleagues with whom they had to work the next day, let alone voice suspicions about them committing very grave crimes. "Most witnesses at a public inquiry say as little as possible and do their best to withhold their innermost thoughts", Clothier remarked. "At an inquiry held in private people gradually relax and unburden themselves of a truth which may have been tormenting them for years."
Medicine was important to Clothier both professionally and personally. He was elected an Honorary Anesthetist, Honorary Pharmacist and an Honorary Fellow of the Royal College of Physicians
. He prefaced the third edition of The Oxford Textbook of Medicine, which became the first chapter of the fourth edition. The heart surgeon Sir Magdi Yacoub first operated on Clothier in 1976 and continued to care for him over many years. Clothier supported Harefield Hospital
at which Yacoub practised and even occasionally acted as a theatre attendant. He drafted papers which saved the hospital from closure. New research laboratories at the hospital were opened in 2002 by Prince Michael of Kent
and named in Clothier's honour.
Clothier retained a love of flying, taking up gliding
after he gained his pilot's licence. He was also an enthusiastic sailor and enjoyed reading the novels of Joseph Conrad
. Clothier's musical abilities ranged beyond playing the piano: he constructed a clavichord
and a bentside spinet
and played both. Clothier was fluent in French
, Italian
and also spoke German
, making speeches in all three. When addressing a conference in Sweden
during his time as Ombudsman, Clothier considered it polite to address the delegates in the hosts' language, purchased a textbook and then gave a five-minute speech in Swedish
.
Clothier, who modestly remarked that he had "a second-class first-class brain", died in May 2010.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(August 28 1919 – May 8 2010) was a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
who served as a Judge of Appeal
Judge of Appeal
The Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
on the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
, and then as Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales (Parliamentary and Health Service Ombudsman). He was later the first Chairman of the Police Complaints Authority
Police Complaints Authority
The Police Complaints Authority , was an independent body in the United Kingdom with the power to investigate public complaints against the Police in England and Wales as well as related matters of public concern...
.
Early life and army service
Clothier was born in 1919 in LiverpoolLiverpool
Liverpool is a city and metropolitan borough of Merseyside, England, along the eastern side of the Mersey Estuary. It was founded as a borough in 1207 and was granted city status in 1880...
to a devout Catholic family. He was educated at Stonyhurst College
Stonyhurst College
Stonyhurst College is a Roman Catholic independent school, adhering to the Jesuit tradition. It is located on the Stonyhurst Estate near the village of Hurst Green in the Ribble Valley area of Lancashire, England, and occupies a Grade I listed building...
and won a senior history scholarship to read law
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
at Lincoln College, Oxford
Lincoln College, Oxford
Lincoln College is one of the constituent colleges of the University of Oxford in the United Kingdom. It is situated on Turl Street in central Oxford, backing onto Brasenose College and adjacent to Exeter College...
. The outbreak of the Second World War cut short his studies and he refused to apply for a post in the Judge Advocate General's office in 1939. This led to a twenty-year long rift with his father, a dentist who had seen dreadful jaw injuries during the First World War. Clothier joined the Royal Signals
Royal Corps of Signals
The Royal Corps of Signals is one of the combat support arms of the British Army...
and served with the 51st (Highland) Division at the Battle of El Alamein
Battle of El Alamein
There were two battles of El Alamein in World War II, both fought in 1942. The Battles occurred in Egypt in and around an area named after a railway stop called El Alamein at .* First Battle of El Alamein – 1–27 July 1942...
, where he was responsible for laying communication lines and setting up radio equipment. He undertook deception duties in a radio truck and made transmissions from unmanned positions in English and Scottish accents to confuse the enemy. He discovered that the greatest danger came from enemy aircraft and from a lack of sleep, instanced by an occasion when he woke to discover that he was riding his motorcycle down an embankment into a minefield. Clothier acquired the nickname 'Spike' after a film character. He became a popular pianist in the officers' mess
Mess
A mess is the place where military personnel socialise, eat, and live. In some societies this military usage has extended to other disciplined services eateries such as civilian fire fighting and police forces. The root of mess is the Old French mes, "portion of food" A mess (also called a...
and acquired a love of flying when an American pilot offered a flight and landed on a road by a Sicilian village where they had an impromptu swim. In 1943 Clothier was transferred to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
where he served as a staff officer, sitting on committees dealing with technical developments and radio-frequency allocation. He continued his passion for flying by qualifying as a pilot. He also encountered the actress Mae West
Mae West
Mae West was an American actress, playwright, screenwriter and sex symbol whose entertainment career spanned seven decades....
who was so impressed with Clothier that she said she would send her son to Oxford University
Oxford
The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
to learn to speak like him. Clothier developed a lasting love of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
during his time in Washington, D.C. When Clothier left the Army in 1946, he had reached the rank of Lieutenant-Colonel.
Law
Clothier returned to Oxford to complete his studies and graduated with an MA law degree. He worked for FerrantiFerranti
Ferranti or Ferranti International plc was a UK electrical engineering and equipment firm that operated for over a century from 1885 until it went bankrupt in 1993. Known primarily for defence electronics, the Company was once a constituent of the FTSE 100 Index but ceased trading in 1993.The...
on transformers while reading for the Bar
Bar examination
A bar examination is an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction.-Brazil:...
in his spare time. Passing his exams, he applied for Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
but was turned down because he was 'in trade'. An uncle, a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
and former Treasurer of Inner Temple, helped reverse the decision and Clothier was called to the Bar in 1950.
Clothier started his career as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in Liverpool. In his first case, Clothier defended a man with 73 previous convictions accused of throwing a brick through a shop window. Clothier made his name as a skilful industrial accident lawyer. However, with his command of technical details, he widened his practice to personal injury
Personal injury lawyer
A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity....
, professional negligence and commercial work
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
, including corporate crime
Corporate crime
In criminology, corporate crime refers to crimes committed either by a corporation , or by individuals acting on behalf of a corporation or other business entity...
. Clothier acquired a speciality in cases that involved adverse reactions to drugs - he advised ICI
ICI
ICI or Ici may mean:* ICI programming language, a computer programming language developed in 1992* Ici , an alternative weekly newspaper in Montreal, CanadaICI is also an abbreviation which may mean:...
over reparations for patients who had suffered side-effects from taking Eraldin and recommended that it create a scheme of full compensation.
In 1965, Clothier took silk and was also appointed recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Blackpool
Blackpool
Blackpool is a borough, seaside town, and unitary authority area of Lancashire, in North West England. It is situated along England's west coast by the Irish Sea, between the Ribble and Wyre estuaries, northwest of Preston, north of Liverpool, and northwest of Manchester...
. When the courts were reorganised, Clothier was appointed a deputy Crown court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
judge, serving until 1978. In 1972, Clothier was appointed a Judge of Appeal
Judge of Appeal
The Judge of Appeal is a part time judge in the Isle of Man High Court who only sits in the Staff of Government Division, the appeal court.The position was created by the Judicature Act 1918 which also amalgamated the offices of First Deemster and Clerk of the Rolls...
on the Isle of Man and served until 1978. When serving on the bench, Clothier was a legal assessor to the General Medical
General Medical Council
The General Medical Council registers and regulates doctors practising in the United Kingdom. It has the power to revoke or restrict a doctor's registration if it deems them unfit to practise...
and Dental
General Dental Council
The General Dental Council is a United Kingdom organisation which regulates all dental professionals in the country. Established in 1956 by an amendment to the Dentists Act 1948, now updated in the Dentists Act 1984, it keeps an up-to-date register of all qualified dentists and other dental care...
councils and a member of the Royal Commission on National Health.
Ombudsman
Clothier became the first Parliamentary and Health Service Ombudsman not to come from a civil service background when he was appointed in 1978. Clothier expressed himself to be happy with the Office that he inherited from Sir Idwal PughIdwal Pugh
Sir Idwal Vaughan Pugh CB KCB was a civil servant who was Permanent Secretary at the Welsh Office and distinguished himself as Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales .-Early life and war service:Pugh was born in 1918 in Blaenau...
: coming to my task without previous close experience with the work of either Parliament or the Executive, I have been much impressed by both. Clothier did not seek to alter the Office, but to develop it along the lines laid out by his predecessors. After a drop in the number of complaints received, the Office handled 1,031 in 1980, the fourth highest since the Office opened in 1967. Clothier continued the practice of arousing public awareness of the Office, eagerly accepting invitations to talk to groups in different parts of the country and determined that people should regard the Ombudsman as fundamental feature of the constitution
Constitution of the United Kingdom
The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
. The last thing an Ombudsman wants to be observed Clothier, is distant, cold and inaccessible. Yet it was also important not to incite [the public] to grumble about nothing in particular. In the first statutory extension of the Ombudsman's remit since 1967, the Office was permitted to investigate the actions of consular staff
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
abroad in their duties towards United Kingdom citizens. Clothier also considered that in instances where it was questionable whether an investigation should be undertaken or not, that he would lean in favour of the complainant. Even so, if the complainant was unable to produce prima facie evidence of maladministration, Clothier was bound to reject the complaint.
Parliamentary investigations
Occasional reports were issued under s10(4) Parliamentary Commissioner Act 1967Parliamentary Commissioner Act 1967
The Parliamentary Commissioner Act 1967 is an Act of the Parliament of the United Kingdom.It established the office of the Parliamentary Commissioner for Administration . The Ombudsman is responsible for investigating the administrative actions of central government departments and public...
alongside the regularly quarterly and annual reports. An important report concerned the illegal occupation of Government land in Worcestershire
Worcestershire
Worcestershire is a non-metropolitan county, established in antiquity, located in the West Midlands region of England. For Eurostat purposes it is a NUTS 3 region and is one of three counties that comprise the "Herefordshire, Worcestershire and Warwickshire" NUTS 2 region...
by forty gypsy families in 1978. They were joined by families of Irish travellers and serious damage to Government-owned buildings occurred. Two farmers complained to have been affected by this, and their complaints were referred to Clothier. He found that the Government was not to blame for the original occupation and that the decision to refrain from eviction had been reasonable in the circumstances. He nevertheless found that officials were unable to make a decision to bring the situation under control, that Ministers were not brought into consultation at an early enough stage and that it took too long for an agreement to be reached on the decision to be taken. Clothier was therefore able to attribute part of the losses incurred by the farmers to maladministration and considered it appropriate for the departments concerned to offer ex gratia compensation.
Another significant case was that of John Preece, who complained of a four year delay by the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
and the Scottish Home and Health Department in reviewing his conviction for murder following the suspension from duty of the forensic scientist who had been an expert witness at his trial. Clothier observed that, although it was not the duty of the Home Office to actively look for miscarriages of justice, the circumstances of the case made the matter wholly exceptional. Clothier concluded that a miscarriage of justice where a person loses his or her liberty was one of the gravest matters which can occupy the attention of a civilised society. An exceptional effort was necessary to remedy the consequences of what he described as a pollution of justice at its source. Clothier noted sadly that when the Home Office became aware of shortcomings which struck at the very roots of justice it did not act with the urgency that was required. The Select Committee reinforced the conclusions of Clothier, summing up the affair as a sorry saga. Mr Preece, having already had his conviction quashed, received £77,000 in compensation. The Home Office identified a further 129 cases that required re-examination, 16 of which were sent to the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
for re-consideration.
Health investigations
Clothier found that a greater number of people were becoming aware with the existence of the Office and its functions as a Health Service Ombudsman. However, such awareness was also accompanied by misconception about what the Ombudsman did. New publicity material was issued by the Office and the Local Government OmbudsmanLocal Government Ombudsman
A Local Government Ombudsman is an official employed by the Commission for Local Administration in England , a body of commissioners established under the Local Government Act 1974 to investigate complaints about councils and certain other bodies in England. Each of three Local Government Ombudsmen...
in 1981 which sought to explain the differences between the Parliamentary and Health Service functions exercised by the Office and the jurisdiction over local authorities exercised by the Local Government Ombudsman. Film presentations of the functions of the Office were also produced for use in schools and libraries. Clothier found it problematic that some half of all complaints he received related wholly or partly to actions arising from the exercise of clinical judgment, a matter on which he was not empowered to investigate. Clothier commented that it was a source of some embarrassment when I have to send rejection letters to complainants explaining this particular jurisdictional exclusion. Many find it very difficult indeed to understand or accept it. There was continued opposition from the medical profession to the extension of the Ombudsman's jurisdiction to encompass matters of clinical judgment. Throughout Clothier's tenure as Ombudsman, the question continued to be wrestled over by the Select Committee and the Joint Consultants Committee without significant inroads being made into the medical profession's opposition. All the while, the number of complaints received by the Ombudsman increased: from 562 in 1979-80 to 895 in 1983-84.
Clothier dealt with notable cases during his time as Health Service Ombudsman. When a health authority found that a bogus doctor had operated on a number of patients it decided not to inform them that their operations had been performed by the 'doctor'. A complaint was made by the Patients' Association, however Clothier did not investigate on the grounds that there was no evidence that the Association was asked to complain on by any aggrieved individuals. Clothier also handled a case in which a local councillor had received an anonymous leaflet supporting fluoridation of water. It transpired, after four months, that the leaflet had emanated from the local health authority. Clothier concluded that the authorship of the leaflet should have been disclosed without delay. He understood that the councillor wished to know what Jove-like hand had sent the leaflet. His verdict on the leaflet itself was damning. It was a very poor production and far below the standard I would expect an Authority to achieve in communication with the public. The shame at producing the hopeless leaflet did not excuse the subsequent administrative ineptitudes, to which only Franz Kafka
Franz Kafka
Franz Kafka was a culturally influential German-language author of short stories and novels. Contemporary critics and academics, including Vladimir Nabokov, regard Kafka as one of the best writers of the 20th century...
could do justice. The whole episode has been a very great waste of my time and everyone else's. One of the most serious cases investigated by Clothier concerned a complaint from a mother that her baby was born dead due to a catalogue of failures in maternity care at the hospital. Clothier decided for the first time since the establishment of the Office to hold a formal hearing and take evidence on oath. Clothier concluded that the midwives who gave evidence were untruthful. The complainant was shamefully neglected at her time of need and that records of routine checks had been falsified. Clothier concluded that it was difficult to imagine a more serious failure in the service as the health authority admitted that the baby could have survived if reasonable care had been given to the mother.
Overview
Clothier departed the Office in 1984 regretful that he was alone among national Ombudsmen in the world in not having powers to investigate on his own initiative and that his jurisdiction was limited to not investigating personnel and contractual matters. He also had doubts about the requirement that complaints reach the office through Members of Parliament and considered the viability of a mechanism where complainants could contact the Office directly if they were dissatisfied with the progress made by the Member of Parliament in attending to the grievance. Nevertheless, Clothier had been an effective Ombudsman: a man of achievement and integrity; he liked to get things done and was unafraid to upset people en route. He had worked to enhance public awareness of the Office and appeared in one cartoon as SupermanSuperman
Superman is a fictional comic book superhero appearing in publications by DC Comics, widely considered to be an American cultural icon. Created by American writer Jerry Siegel and Canadian-born American artist Joe Shuster in 1932 while both were living in Cleveland, Ohio, and sold to Detective...
. It had been important to Clothier to give the citizen a leg up against what must seem to him to be the impenetrable vastness of Whitehall. And although he was criticised for the slowness of his investigations, he retorted that "my investigative powers are as good as you'll get in a democracy – the next best thing to the rack."
Police complaints
In 1985 Clothier was appointed to chair the Police Complaints AuthorityPolice Complaints Authority
The Police Complaints Authority , was an independent body in the United Kingdom with the power to investigate public complaints against the Police in England and Wales as well as related matters of public concern...
, commanding a dignified office in Whitehall
Whitehall
Whitehall is a road in Westminster, in London, England. It is the main artery running north from Parliament Square, towards Charing Cross at the southern end of Trafalgar Square...
and bringing it under the authority of the Home Affairs Select Committee
Home Affairs Select Committee
The Home Affairs Select Committee is a Committee of the House of Commons in the Parliament of the United Kingdom.-Remit:The Home Affairs Committee is one of the House of Commons Select Committees related to government departments: its terms of reference are to examine "the expenditure,...
. His term as Chairman of the Authority was a turbulent one, and he often earned the hosility of both the complainants and the police.
He noted that the Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
received more complaints than any other force in the country and that it was also least inclined to cooperate with the Authority. Clothier sought to improve transparency and pressed for powers to dismiss unsuitable officers and to prevent officers under investigation from being able to resign with a full pension on health grounds. Revelations of miscarriages of justice caused anger, and the Police Federation
Police Federation
Police Federation may refer to:*Police Federation of England and Wales*Police Federation for Northern Ireland*Scottish Police Federation*Defence Police Federation...
passed votes of no-confidence in the Authority and himself as Chairman on four occasions. Clothier reflected that he would be a lot more worried if they passed a vote of confidence. It might suggest that some of the accusations that we work hand in glove with the police are true. Clothier was indeed accused of working hand in glove with the police. When the police used, as Clothier admitted, excessive force to break up a hippy peace convoy near Stonehenge
Stonehenge
Stonehenge is a prehistoric monument located in the English county of Wiltshire, about west of Amesbury and north of Salisbury. One of the most famous sites in the world, Stonehenge is composed of a circular setting of large standing stones set within earthworks...
, he did not recommend that a single disciplinary charge be brought against the 1,363 officers involved. When the police forcibly broke up a student demonstration in Manchester in 1985 and 100 complaints were received, officers were not required by the Authority to name colleagues who had behaved improperly. Clothier commented that failure to denounce one's friends and relations has never been a subject for discipline in any civilised body of people.
Clothier followed his term at the Police Complaints Authority with appointments to the Senior Salaries Review Body from 1989 to 1995, as Vice-President of the Interception of Communications Tribunal between 1986 and 1996 and Chairman of the Committee on Ethics of Gene Therapy between 1990 and 1992. He also chaired two commissions on the governance of Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
, one concerning policing and other concerning the constitution.
Allitt Inquiry
In 1994 at the age of 74, Clothier was appointed to head an inquiry into how a nurse, Beverley Allitt, who was later diagnosed as an untreatable psychopath, was able to kill four children and attack nine others at Grantham and Kesteven HospitalGrantham and Kesteven Hospital
Grantham and District Hospital, is an NHS hospital located in Grantham, Lincolnshire, England.-History:It opened in 1874 as Grantham and Kesteven Hospital. It is one of four main hospitals in Lincolnshire, being the third largest, and covers the Kesteven area of the county, as well as east...
. Clothier trenchantly refused to hold a public inquiry, earning him vociferous hostility from both the victims' families and widespread criticism from the media. Clothier reasoned that people were capable of telling blatant lies under oath. In the absence of friends, colleagues, parents and the press, witnesses could speak with "a frankness which can be startling". Clothier continued that "if you really want to know what people are thinking in an extremely delicate matter, you need to see them in circumstances when they do not feel threatened." Clothier was asked about the similar case of Dr Harold Shipman in 2000 and explained that few people could be found to criticise colleagues with whom they had to work the next day, let alone voice suspicions about them committing very grave crimes. "Most witnesses at a public inquiry say as little as possible and do their best to withhold their innermost thoughts", Clothier remarked. "At an inquiry held in private people gradually relax and unburden themselves of a truth which may have been tormenting them for years."
Retirement and personal life
Clothier gradually became detached from public affairs, although he did occasionally write letters to newspapers. To the Daily Telegraph he criticised the phrase 'shoot-to-kill' on the basis that implied that it was possible to 'shoot-to-wing', an idea only applicable to the Wild West.Medicine was important to Clothier both professionally and personally. He was elected an Honorary Anesthetist, Honorary Pharmacist and an Honorary Fellow of the Royal College of Physicians
Royal College of Physicians
The Royal College of Physicians of London was founded in 1518 as the College of Physicians by royal charter of King Henry VIII in 1518 - the first medical institution in England to receive a royal charter...
. He prefaced the third edition of The Oxford Textbook of Medicine, which became the first chapter of the fourth edition. The heart surgeon Sir Magdi Yacoub first operated on Clothier in 1976 and continued to care for him over many years. Clothier supported Harefield Hospital
Harefield Hospital
Harefield Hospital is located in Harefield, Middlesex. It is part of the Royal Brompton & Harefield NHS Foundation Trust, which describes itself as "the largest specialist heart and lung centre in the UK and among the largest in Europe". Harefield's sister hospital is the Royal Brompton Hospital in...
at which Yacoub practised and even occasionally acted as a theatre attendant. He drafted papers which saved the hospital from closure. New research laboratories at the hospital were opened in 2002 by Prince Michael of Kent
Prince Michael of Kent
Prince Michael of Kent is a grandson of King George V and Queen Mary, making him a cousin of Queen Elizabeth II. He is also the first cousin once removed of Prince Phillip. Prince Michael occasionally carries out royal duties representing the Queen at some functions in Commonwealth realms outside...
and named in Clothier's honour.
Clothier retained a love of flying, taking up gliding
Gliding
Gliding is a recreational activity and competitive air sport in which pilots fly unpowered aircraft known as gliders or sailplanes using naturally occurring currents of rising air in the atmosphere to remain airborne. The word soaring is also used for the sport.Gliding as a sport began in the 1920s...
after he gained his pilot's licence. He was also an enthusiastic sailor and enjoyed reading the novels of Joseph Conrad
Joseph Conrad
Joseph Conrad was a Polish-born English novelist.Conrad is regarded as one of the great novelists in English, although he did not speak the language fluently until he was in his twenties...
. Clothier's musical abilities ranged beyond playing the piano: he constructed a clavichord
Clavichord
The clavichord is a European stringed keyboard instrument known from the late Medieval, through the Renaissance, Baroque and Classical eras. Historically, it was widely used as a practice instrument and as an aid to composition, not being loud enough for larger performances. The clavichord produces...
and a bentside spinet
Spinet
A spinet is a smaller type of harpsichord or other keyboard instrument, such as a piano or organ.-Spinets as harpsichords:While the term spinet is used to designate a harpsichord, typically what is meant is the bentside spinet, described in this section...
and played both. Clothier was fluent in French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
, Italian
Italian language
Italian is a Romance language spoken mainly in Europe: Italy, Switzerland, San Marino, Vatican City, by minorities in Malta, Monaco, Croatia, Slovenia, France, Libya, Eritrea, and Somalia, and by immigrant communities in the Americas and Australia...
and also spoke German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
, making speeches in all three. When addressing a conference in Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
during his time as Ombudsman, Clothier considered it polite to address the delegates in the hosts' language, purchased a textbook and then gave a five-minute speech in Swedish
Swedish language
Swedish is a North Germanic language, spoken by approximately 10 million people, predominantly in Sweden and parts of Finland, especially along its coast and on the Åland islands. It is largely mutually intelligible with Norwegian and Danish...
.
Clothier, who modestly remarked that he had "a second-class first-class brain", died in May 2010.