Community Grievance Decision Digest
MOOTNESS
[Note:
The concept of mootness
relates to whether a decision needs
to be made when circumstances
have changed by the time the matter comes before the decision-maker.
In general, there must be an existing “case in controversy” in order for an
investigation and decision to have meaning.
When the circumstances or problems complained of have been remedied
prior to the completion of the grievance investigation there is no reason
for further investigation or a determination on the issue.
For example, if a change in the patient's treatment plan or
medication has resolved the issue originally complained of, there would be
no further controversy and the complaint would be moot.
The cases below illustrate this principle and those special circumstances where an otherwise
moot grievance may still
be investigated and decided.]
[Additional
examples from Black’s Law Dictionary:
·
A
case is "moot" when a determination is sought on a matter which,
when rendered, cannot have any practical
effect on the existing controversy.
·
A
question is "moot" when it presents no
actual controversy or where the issues
have ceased to exist.
·
An
action is considered "moot" when it not longer presents a
justiciable controversy because issues
involved have become academic
or dead.
·
A
case is “moot” where the matter in dispute has already
been resolved and hence, not entitled to judicial intervention unless
the issue is a recurring one and likely
to be raised again between the parties.
·
A
case becomes "moot" when the issues presented are no longer "live" or the parties lack a legally cognizable interest in the outcome.]
DECISIONS
1. A
client complained about being on 1:1 supervision.
During the Level III investigation, the client was discharged
to her parents' home. It
appeared that the facility had handled her grievance properly during her
stay. No
further relief could be provided and the allegations appeared
unfounded. The matter was
dismissed as being moot.
(Level III decision in Case No. 04-SGE-03 on 9/25/04)
Last Updated: October 30, 2006 |
